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Crossing The Border: Immigrants In Detention And Victims Of Trafficking Part I And Ii, U.S. House Of Representatives Committee On Homeland Security

Human Trafficking: Data and Documents

Today’s hearing is the first in a two-part series that will examine the issues surrounding the treatment of migrants by Immigration and Customs Enforcement. And the first of the series, this hearing today, we will have two panels, which will primarily focus on the issue of detention. I would like to begin by thanking our witnesses: Mr. John Torres, Mr. Richard Seiter, Ms. Michelle Brane´, Ms. Christina Fiflis, and Mr. Michael Cutler. And thank you for joining us today to discuss these important issues. With the end of the ‘‘catch and release’’ program, the Department of Homeland Security faces a …

Opportunity Lost: How Law School Disappoints Law Students, The Public, And The Legal Profession, Jason M. Dolin

California Western Law Review

No abstract provided.

Reforming Divorce: What's Needed And What's Not, Marsha Garrison

Faculty Scholarship

No abstract provided.

2007 Pennsylvania Retention Election: An Objective Analysis Of Justice Thomas G. Saylor's Judicial Philosophy, Methodology And Jurisprudential Tendencies, Beth A. Dodson

Duquesne Law Review

No abstract provided.

The Offshore Asset Protection Trust: A Prudent Financial Planning Device Or The Last Refuge Of A Scoundrel?, Richard C. Ausness

Duquesne Law Review

In recent years, a large number of Americans have established "asset protection trusts" in foreign countries. Although legal commentators disagree about the legitimacy of these offshore trusts, American courts have treated them with undisguised hostility. In this article, I argue that offshore asset protection trusts serve a legitimate purpose and, therefore, American courts should enforce them, at least when certain conditions are met.

Suffolk Law, Winter/Spring 2007, Suffolk University Law School

Suffolk Law School Alumni Magazine

No abstract provided.

Suffolk Law, Fall 2007, Suffolk University Law School

Suffolk Law School Alumni Magazine

No abstract provided.

Business In Nebraska, July 2007

Business in Nebraska

Business in Nebraska, July 2007

Advancing The Argument In Favor Of State Compensation For The Erroneously Convicted And Wrongfully Incarcerated, Lauren C. Boucher

Catholic University Law Review

No abstract provided.

Diversifying The Delivery Of Legal Services To The Poor By Adding A Reduced Fee Private Attorney Component To The Predominantly Staff Model, Including Through A Judicare Program, Michael A. Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …

Healing Fair Dealing?: A Comparative Copyright Analysis Of Canadian Fair Dealing To Uk Fair Dealing And Us Fair Use, Giuseppina D'Agostino

Comparative Research in Law & Political Economy

As a result of the March 4, 2004 Supreme Court of Canada decision in CCH Canadian Ltd v Law Society of Upper Canada for the first time in Canadian copyright history, the court determined that Canadian law must recognize a user right to carry on exceptions generally and fair dealing in particular. This paper compares the Canadian fair dealing legislation and jurisprudence to that of the UK and the US. It is observed that because of CCH, the Canadian common law fair dealing factors are more flexible than those entrenched in the US. For the UK, certain criteria have emerged …

2007 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury

Department of Audit Annual Reports

This document is the annual report for the Tennessee Department of Audit.

(Not) Advising Corporate Officers About Fiduciary Duties, Lyman P.Q. Johnson, Robert V. Ricca

Scholarly Articles

This Article explores the intersection of an important, unresolved corporate law issue and an overlooked professional responsibility issue persistently arising in the corporate milieu. The corporate law question currently unaddressed in Delaware law is whether the fiduciary duties of corporate officers, as agents, are the same as, or different from, the fiduciary duties of corporate directors. A related question is whether, in reviewing officer conduct, courts will apply the business judgment rule in the same broad (and protective) manner in which it is applied to assessing director behavior.

The professional responsibility issue concerns whether, and how well, lawyers are advising …

Attorney General’S Annual Report To Congress On U.S. Government Activities To Combat Trafficking In Persons Fiscal Year 2006, U. S. Department Of Justice

Human Trafficking: Data and Documents

Trafficking in persons (TIP), or human trafficking, is a regrettably widespread form of modern-day slavery. Traffickers often prey on individuals, predominantly women and children in certain countries, who are poor, frequently unemployed or underemployed, and who may lack access to social safety nets. Victims are often lured with false promises of good jobs and better lives, and then forced to work under brutal and inhuman conditions. It is difficult to accurately estimate the extent of victimization in this crime whose perpetrators go to great lengths to keep it hidden. Nonetheless, the United States has led the world in the fight …

Legal Options To Stop Human Trafficking, U.S. Senate Committee On The Judiciary

Human Trafficking: Data and Documents

This is the first time in the history of the Senate that we have created a Subcommittee on Human Rights and the Law. I think it’s crucial at this point in time. Repressive regimes that violate human rights create fertile breeding for terrorism, war, poverty, and exploitation. Our Nation and our world will never be fully secure as long as fundamental human rights are not honored. Our first hearing was just last month. We addressed the issue of genocide and the rule of law, focusing on the mass killings and genocide in Darfur. I’m proud to say that, as a …

Concerning Measures To Promote Energy Efficiency, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Higher Education, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

English Reforms To Judicial Selection: Comparative Lessons For American States? , Judith L. Maute

Fordham Urban Law Journal

This article offers a brief comparative look at American and British jurisprudential pending selection reforms, and argues that American states could improve their appointive systems by incorporating modern personnel recruitment and hiring practices. To restore public confidence in the courts, people must believe that judges exercise legitimate authority, undistorted by personal or partisan preferences. Beyond changes to the structural selection process in the Constitutional Reform Act, the extended conversations are bringing about foundational cultural shifts in the role of judges and their manner of selection. We could learn much from Britain’s modernized appointive system that aims to be open, transparent, …

Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff

Fordham Urban Law Journal

This Essay argues that poverty and inequality issues should be integrated into first-year civil procedure courses. It examines what framework could be achieved to examine these issues in a civil procedure context. And finally, it connects the author's proposed approach with the broader mission of legal education.

The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz

St. Thomas Law Review

This article will discuss the history of the commercial speech doctrine as part of the First Amendment, its past and present protection, and the current test applied to state regulation of commercial speech, concentrating on state regulation of in-person solicitations of professionals, like attorneys and CPAs. This article will further discuss the reasons why an attorney's in-person solicitations can and should be regulated by the states, and why the same reasons apply to CPAs. Additionally, this article will discuss the United States Supreme Court's 1993 decision, Edenfield v. Fane, where the Court held that states cannot regulate in-person solicitations of …

The Unforeseen Ethical Ramifications Of Classroom Participation In Law School Clinics, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

The past decade has seen an enormous expansion in both the types of clinical programs offered by law schools and the role of clinical education in the law school curriculum. With this development has come greater involvement on the part of classroom faculty in clinical programs, who are increasingly collaborating with clinic faculty and students in clinic cases in a variety of ways. In this article, Professor Rovner asserts that such collaborations, as desirable as they may be for the practical and pedagogical benefits they offer, also may present significant ethical issues for faculty, students and clients.

This article analyzes …

Business In Nebraska, July 2007

Bureau of Business Research Publications

Business in Nebraska, July 2007

Concerning Emergency Epidemic Preparedness., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Giving Millennials A Leg-Up: How To Avoid The If I Knew Then What I Know No Syndrome, Leslie Larkin Cooney

Faculty Scholarship

While it may not be possible for law schools to train students completely within three years for the practice of law, we can come much closer to this goal and make the transition to professional life an easier and more productive one. This article explores the common traits of members of the generation comprising today's law students who prefer the label Millennial to others because of their expressed wish not to be associated with Generation X. The article discusses ways to enhance clinical education and teach lifelong learning skills so students can continue developing their problem solving expertise long after …

Take Back The Night: Why An Association Of Regional Law Schools Will Return Core Values To Legal Education And Provide An Alternative To Tiered Rankings, Jon M. Garon

Faculty Scholarship

The system of legal education is fundamentally broken not because of the legal education produced, but because of the social and economic cost to the students and the public. The students have too few price choices and far too much debt while the public has legal services that are too expensive to provide meaningful representation for a significant portion of the population. Moreover, as preferred pedagogical and institutional choices have evolved into baseline accreditation requirements, the ability to reach a broadly diverse group of law students has been stymied. The public is being priced out of legal services, and the …

Minnesota Reflections On A Century Of Change And Stasis: Roscoe Pound's Visit To St. Paul, Jon M. Garon

Faculty Scholarship

No abstract provided.

Corporate Governance Issues: United States And The European Union, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

Attorney Cathy's Continuing Quandary, Or, Can The Gatekeeper Initiative Be Reconciled With The Multi-Jurisdictional Practice Of Law, John W. Brooks, Roberta Vassallo

The International Lawyer

No abstract provided.