Digital Commons Network^™

2007-06-18 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

Disbarring Jerry Maguire: How Broadly Defining "Unauthorized Practice Of Law" Could Take The "Lawyer" Out Of "Lawyer-Agent" Despite The Current State Of Athlete Agent Legislation, Jeremy J. Geisel

Marquette Sports Law Review

No abstract provided.

Emergency Contraception, Female Condoms And Iuds In Kenya's Public Sector: Findings From A National Diagnostic Assessment, Jill Keesbury, Benter Owino, Spike Bradford

Reproductive Health

In 2005, the Kenya Ministry of Health, Department of Reproductive Health (DRH), began an initiative to strengthen the provision of emergency contraception (EC) in the public sector. As a first step, 700,000 units of the dedicated EC product Postinor 2 were procured by UNFPA for use in government facilities and select providers were trained on its administration. In 2006, the DRH requested assistance from ECafrique, the African Forum on Emergency Contraception, to expand access to the product. This report documents the results of a diagnostic assessment conducted at the outset of this initiative. It examines the provision and utilization of …

A Look At Legal Education: The Globalization Of American Legal Education, James P. White

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Bulletin Of The University Of San Diego School Of Law 2007-2009, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

51 pages : illustrations, photographs ; 25.5 x 18 cm

Client Responsibility For Lawyer Conduct: Examining The Agency Nature Of The Lawyer-Client Relationship, Grace M. Giesel

Nebraska Law Review

In the 1962 decision of Link v. Wabash Railroad Co.,1 the United States Supreme Court reviewed a district court's sua sponte dismissal of a diversity negligence action. Six years after the plaintiff filed the matter, the district court scheduled a pretrial conference and gave counsel two weeks notice of the scheduled conference. On the day of the conference, plaintiffs counsel called the court to say that he would be unable to attend the conference, giving the impolitic reason that he was busy preparing some documents for the state supreme court. The attorney did not attend the conference, and the district …

Doi Moi, The Vbta And Wto Accession: The Role Of Lawyers In Vietnam's No Longer Cautious Embrace Of Globalization, David A. Gantz

The International Lawyer

No abstract provided.

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

Indiana Journal of Global Legal Studies

The Internationale expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to the articles by Carole Silver and Len Bierman and Michael Hitt on law firm expansion in this symposium issue on the Globalization of the Legal Profession. The essay utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./UK. dominance of capital markets, corporate and …

The "Charles Stimson" Rule And Three Other Proposals To Protect Lawyers From Lawyers, Stephen Gillers

Faculty Articles

Lawyers can be “at the edge” for many different reasons. For purposes of this Article, I define “at the edge” to mean lawyers who for one of two reasons encounter risks of, or actual harm to, their career, freedom, physical safety, reputation, or income. The two reasons are the identity of the lawyer’s client, or the nature of the claim the lawyer is making in court, or both. Lawyers may also be at risk for tactics that bring sanctions. But that is a different kind of risk, a risk of crossing an ethical or legal boundary, and not part of …

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

Faculty Articles

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.

Bridging The Gaps: Structuring Benefits To Promote Mobility For Low Wage Workers, Randy Albelda, Heather Boushey

Center for Social Policy Publications

Low-wage workers have always faced difficulties earning enough to meet their basic needs in the context of the complex financial tradeoffs between receiving public benefits and taking on any or more employment. However, welfare reform and skyrocketing housing and medical costs have exacerbated these challenges to low income families, policy makers, and the providers and agencies that serve them. Employment – often at low-wages – is imperative for most families and, even with supplementary public benefits, financial independence is not easy to achieve for many working families. Wages are too often too low to meet the high cost of living …

Lawyers And Community Economic Development, William H. Simon

Faculty Scholarship

The Articles in this symposium and the experiences they report show that, for lawyers, Community Economic Development (CED) has become a more expansive and more complex subject than it was when we discovered it two decades or so ago.

The Articles and the experiences are particularly revealing about what I would guess have been the two central preoccupations of lawyers in the field. The first, of course, is what we mean by community, and more specifically, how a community can become – or be regarded as – a legal and political actor. The second concerns lawyer accountability. Progressive lawyers have …

Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Litigation over the effects of climate change has taken various forms, of which litigation based on international human rights law is perhaps the most ambitious. Plaintiffs argue that major emitters of greenhouse gases have violated rights to life and health by contributing to environmental and health injuries associated with global warming. International human rights litigation in international tribunals is unlikely to have any effect, but conceivably American courts might be open to these arguments in Alien Tort Statute litigation. If so, this would be a mistake. Because the health of the global climate is a public good, because American courts …

2007-2008 Law School Catalog, Southern Methodist University, Dedman School Of Law

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

The Quad (The 2007 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Supreme Court Summit: Dedman Law Hosts Summit with European Court of Justice and Supreme Court of the United States
• Dedman Law Hosts Conference on Judicial Independence with Justice Breyer and Justice O’Connor
• The Future of the Jury System: Dedman Law Hosts ABA National Symposium on the American Jury System
• The Rise of Transnational Networks by Jenia Iontcheva Turner, Assistant Professor of Law

Alumni Journal

Syracuse University Magazine

No abstract provided.

China's Future Lawyers: Some Differences In Education And Outlook, Malinda L. Seymore, Patricia Ross Mccubbin, Andrea Curcio, Llewellyn Joseph Gibbons

Faculty Scholarship

The number of Chinese lawyers and law schools is burgeoning as China's legal system undergoes significant substantive changes. Whether in business transactions or in legal disputes about products liability, intellectual property, or any number of other issues, U.S. lawyers in this era of globalization will begin to have more frequent interactions with their Chinese counterparts. Additionally, more and more U.S. law students and professors are involved in international exchanges with Chinese law schools. These growing opportunities for interaction among U.S.- and China-trained legal professionals bring with them unique challenges and opportunities because of cultural, political, and legal system differences.

The …

Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis

Faculty Scholarship

As license plates emblazoned with the message “Choose Life” have proliferated in twenty-four states, so too have lawsuits challenging such specialty license plates. The holdings of such cases have run the gamut, resulting in a three-way circuit split among the Fourth, Fifth, and Sixth Circuits. Analysis of the controversy up to this point has not considered an illuminating analogy: advertising space owned and operated by the government. Examining the parallels between advertising space and specialty license plates informs doctrinal analysis of the dispute, demonstrating that state legislatures may not use the current practice of individually establishing specialty license plates through …

Appointing Judges The European Way, Mary L. Volcansek

Fordham Urban Law Journal

This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger

Fordham Urban Law Journal

This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman

Fordham Urban Law Journal

This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.

Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo

Fordham Urban Law Journal

This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.

Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez

Fordham Urban Law Journal

This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."

The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis

Fordham Urban Law Journal

This Essay seeks to answer the question "'What is Poverty Law'?" It does this in two parts. First, it examines the surge in property law courses in the 1960's and 70's and "the purpose these early courses were intended to serve." In the second section the Essay asks and the author asks "what the history suggests about poverty law in the law school curriculum today and in the future."

Externship Demographics Redux, J.P. "Sandy" Ogilvy, Robert Seibel

Scholarly Articles

Professors Ogilvy (Catholic University) and Seibel (California Western) report on the results of a national survey of externship programs at American Law Schools and compare many of the data points to previous surveys of externship programs to chart the growth of legal externships in 1) number of schools with externship programs as part of their curriculum, 2) number of discrete courses within programs, and 3) the increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include the average number of credits allowed for participation in externships, the average number of hours of fieldwork …

2007-2008, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter

Richmond Journal of Law & Technology

Attorneys are, in a sense, their own gatekeepers. Like many professions, the legal profession is self-regulating.2 However, ethical and professional rules have always acted as the gates of attorney conduct – restricting and guiding attorneys in their professional actions. Ethical rules continue to serve this function when attorneys utilize the Internet to reach a larger community.

The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …

Whither Community Justice?: The Rise Of Court-Connected Mediation In The United States, Colleen M. Hanycz

Articles & Book Chapters

This paper traces the development of mediation in the United States along two distinct paths: the court-connected paradigm and the community justice paradigm. In the former, as a child of the labour arbitration movement, the link between mediation and the law appears to have been forged at conception. In the latter, we see two distinct branches: the 'Community Mediation Center' model and the neighborhood Justice Center' model. Of those illustrations of community justice, only the first has been strongly connected to the law and legal institutions, while the second strand has retained its institutional independence. These neighbourhood justice centres appear …

Some Reflections About Three Decades Of Working With Incarcerated Mothers, Philip Genty

Faculty Scholarship

Almost thirty years ago I was a second-year student in a law school clinic. I was making my first legal visit to a prison. My client, whom I will call "Dina," was meeting me to talk about some visitation issues with her young son. When she came into the visiting room she was poised and professional in demeanor. She began to explain that her son was being cared for by his paternal grandmother. The grandmother was unwilling to bring him to the prison to see her. As a result Dina had not seen her son for several months. Suddenly, and …