Digital Commons Network^™

Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz

Faculty Scholarship

This article attempts to explain empirically the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as "transaction cost engineers" and "reputational intermediaries." This new model not only helps inform contract theory but also reveals a profoundly different vision than those of existing models for the future of legal education and the profession.

Increasing Law Students' Effectiveness When Representing Traumatized Clients: A Case Study Of The Katherine & George Alexander Community Law Center, Lynette Parker

Faculty Publications

This article contributes to the discussion of representation of traumatized clients through a detailed case study of the Katharine & George Alexander Community Law Center (KGACLC). First, it will discuss the issues that arise when students represent traumatized clients. This section will focus on the goals for training effective representation, the importance of such training, and the issues of duty of care and professional responsibility. Second, it will review the mechanics of training and mentoring law students who work with traumatized clients. This section will include a brief introduction to KGACLC and outline KGACLC's case acceptance policy, its early attempts …

License To Sue? The Availability Of Declaratory Judgment Actions To Patent Licensees After Medimmune, Inc. V. Genentech, Inc., Lawrence M. Sung

Faculty Scholarship

No abstract provided.

The Bologna Process And Its Implications For U.S. Legal Education, Laurel S. Terry

Faculty Scholarly Works

Virtually all European countries are in the midst of a massive multi-year project intended to dramatically restructure higher education in Europe. This project, which is known as the Bologna Process or Sorbonne-Bologna, began less than ten years ago when four European Union (EU) countries signed a relatively vague agreement. The Bologna Process has now grown to forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process participants have agreed to form the European Higher Education Area or EHEA by 2010; among other goals, the EHEA is intended to help Europe better compete in the …

The Gats And Legal Services In Limerick, Laurel S. Terry

Faculty Scholarly Works

One of the most significant regulatory developments for legal services is their inclusion in the 1994 General Agreement on Trade in Services or GATS. The GATS was the first world trade agreement to cover services rather than goods and it applies to legal services. The GATS in Limerick is a light-hearted but nonetheless serious effort to address the most important legal services-related GATS developments in the last twelve years. These verses cover the basic principles of the GATS, the ongoing market access negotiations and the efforts to develop disciplines on domestic regulation.

Dennis Moler, An Individual And Marilynn Moler, An Individual V. Cw Management Corporation, A Utah Corporation, Christopher Mccandless, An Individual : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON INTERLOCUTORY APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, JUDGE MEDLEY.

Arbogast Family Trust V. River Crossings, Llc : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fifth Judicial District Court in and for Washington County, Utah Civil No. 060500096

Darren C. Bluemel V. Wayne A. Freestone, And David J. Angerhofer : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from: Third District Court, Salt Lake County, State of Utah The Honorable Robert Faust, Presiding District Court Case No: 020906503

Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar

Missouri Law Review

Missouri's Constitution of 1821 provided for the appointment of all superior court judges by the governor, in the manner which prevailed in most of the states then members of the union. With the advent of Jacksonian democracy, a feeling developed that all persons holding important public positions should be elected by the voters, and most of the states opted for the popular election of trial and appellate judges. In 1848, Missouri amended its constitution to provide for popular election of all judges, including judges of the Supreme Court, on partisan tickets at the regular biennial elections. Missouri continued to elect …

Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf

Missouri Law Review

In 1996, the American Bar Association ("ABA") amended its law school accreditation standards and required that all ABA-approved law schools offer "live-client or other real-life practice experience. '' In doing so, the ABA confirmed the increasingly important role of law school clinics in legal education. This unique teaching environment moves students and professors out of the classroom and into real-world courtrooms. As these "student-lawyers" work on behalf of live clients, they "experience the legal ethics issues lawyers face every day, such as client confidentiality, conflict of interest, and competency issues." Not surprisingly, with these ethical issues come difficult decisions for …

Marriages Of Convenience: International Marriage Brokers, 'Mail-Order Brides,' And Domestic Servitude, Suzanne H. Jackson

GW Law Faculty Publications & Other Works

The International Marriage Broker Regulation Act of 2005 (IMBRA) expands federal regulation of the burgeoning "mail-order bride" industry by requiring international matchmaking agencies to conduct minimal criminal background checks on their U.S.-based clients and disclose the results to participating women, obtaining their signed consent before releasing any contact information to male clients. Two federal suits challenging IMBRA complain that it violates equal protection guarantees by exempting not-for-profit and religious matchmaking agencies, and violates First Amendment protections for commercial speech by regulating the agencies' communications with its clients. Defenders of the law's constitutionality accurately but incompletely describe IMBRA's purpose as preventing …

Common Sense About Common Claims, David G. Karro

Hofstra Labor & Employment Law Journal

No abstract provided.

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

Law Faculty Scholarly Articles

In recent years, a large number of Americans have established "asset protection trusts" in foreign countries. An asset protection trust is a self-settled spendthrift trust which is created in order to protect the settlor's property from the claims of creditors. Virtually all American jurisdictions recognize spendthrift trusts, which prohibit both voluntary and involuntary alienation of a third party beneficiary's interest in a trust; however, most do not allow a settlor who has retained a beneficial interest in a spendthrift trust to protect that interest from the claims of creditors. A growing number of present and former British possessions, however, have …

The Role Of Cultural Values In Organizational Attraction., Elizabeth Jimenez Muniz

Electronic Theses and Dissertations

The United States' (U.S.) workforce is more diverse than in previous decades in terms of race, gender, and native language (Fay, 2001). Such demographic shifts have changed how organizations attract applicants and how they motivate, reward, and retain employees (McAdams, 2001). Furthermore, organizations benefit from diversity by: (a) attracting the best talent available in the workforce (Cox, 1993), (b) increasing their product marketability to customers (Deshpande, Hoyer, & Donthu, 1986; Redding, 1982), and (c) fostering creativity, innovation, problem solving, and decision making in employees (Thomas, 1999; Thomas, Ravlin, & Wallace, 1996; Watson, Kumar, & Michaelsen, 1993). Given such benefits, organizations …

2007-2009 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

It's All About the People, p. 5

Imagine Yourself at Cardozo, p. 10

How Do You Learn the Law at Cardozo?, p. 12

The First-Year Program, p. 13

The Upper-Level Program, p. 16

Becoming a Professional: The Practical Part of the Curriculum, p. 28

Clinics, p. 30

Externships/Internships, p. 33

Publications and Moot Court Honor Society, p. 37

Student Life/Real Time, p. 42

New York City, p. 46

Faculty, p. 53

Alumni Network: Among Cardozo's Strongest Assets, p. 75

Career Services and You: Partnership for Success, p. 77

Center for Public Service Law Helps You Help Others, p. 81 …

Class Actions And The Poor., Henry Rose

Faculty Publications & Other Works

No abstract provided.

Sink Or Swim Together: Citizenship, Sovereignty, And Free Movement In The European Union And The United States, Francis J. Conte

University of Miami Law Review

No abstract provided.

Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung

Fordham Journal of Corporate & Financial Law

No abstract provided.

2007 Annual Report To The Governor And The General Assembly, Tennessee Ethics Commission

Annual Reports

No abstract provided.

Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek

University of Colorado Law Review

Many commentators have described, and lamented, the gap between the legal academy and the practice of law. This article takes a more hopeful approach. The American Bar Association, the accrediting body for law schools, appears to have been nudging law schools toward offering, and even requiring, more and more practical legal education to teach law students how to perform the tasks they will need in order to practice in a competent manner. The article examines the 2001 amendment to the ABA Standards for Accreditation, which required, for the first time, an "additional rigorous writing experience after the first year, " …

Child Welfare Law Office Guidebook: Best Practice Guidelines For Organizational Legal Representation Of Children In Abuse, Neglect, And Dependency Cases, Colene Flynn Robinson

University of Colorado Law Review

No abstract provided.

The Colorado Constitution In The New Century, Richard B. Collins

University of Colorado Law Review

TABOR, gay marriage, pit bulls, guns, redistricting, ethics in government, school vouchers, and minimum wage have been on Colorado's constitutional agenda for the past seven years. Dale Oesterle and I authored a book-length study of the Colorado Constitution through 2001.1 This article reviews amendments and judicial decisions arising since. It should surprise no one that TABOR has generated by far the most decisions.

Some Realism About Professionalism: Core Values, Legality, And Corporate Law Practice, Christopher J. Whelan

Buffalo Law Review

No abstract provided.

Tough Love: Should We Analyze Federal Emergencymanagement Agency Disaster Planning Under The National Environmental Policy Act?, Katherine Hausrath

UC Law Environmental Journal

No abstract provided.

Portugal Fondo De Garant­A De Depósitos Annual Report 2007, Fondo De Garant­A De Depósitos Portugal

Documents

No abstract provided.

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

Articles & Book Chapters

No abstract provided.

Abolishing Capital Punishment: A Feminist Outlook And Comparative Analysis Of The Death Penalty Using Equal Protection And Gender Discrimination Law, Yeemee Chan

Nova Law Review

No abstract provided.

Spam (Supremacy Clause, Public Forums, And Mailings): The Fifth Circuit's Interpretation Of The Can-Span Act In White Buffalo V. University Of Texas Comment., Jason A. Smith

St. Mary's Law Journal

Unsolicited email advertisement, spam, has been a problem of the internet since its inception. In the face of this onslaught, users have fought back with a variety of methods, involving filtering software. Users have also resorted to the courts, suing spammers under the “trespass to chattels” theory. Not all courts have agreed with this theory, as there is often little evidence of the owner’s use of their servers being adversely affected by a digital trespass. While the states were the first to address overwhelming amount of spam, Congress address the issue with the first nationwide anti-spam legislation, the CAN-SPAM Act. …

International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Ethan S. Burger

St. Mary's Law Journal

The internationalization of legal practice presents numerous issues for lawyers, such as obtaining qualifications to practice law in foreign jurisdictions and developing the necessary knowledge. Different and possibly conflicting notions of standards of care and professional responsibility will arise. Globalization is widely regarded as the principal driving force in international economic and political relations. From the standpoint of business activity there are myriad ways to assess the impact of globalization. These include tracking rates of exchange, observing altered methods, or examining how attitudes and information has changed. Globalization has increased the demand for specialized accounting and legal services connected with …

Updating The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.