Digital Commons Network^™

Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

We Will Still Live: Confronting Stigma And Discrimination Against Women Living With Hiv/Aids In Malawi, Chi Mgbako, Tracy E. Higgins, Jeanmarie Fenrich

Fordham International Law Journal

This report presents the findings of this research effort. Part I sets out Malawi's obligations under international and domestic law regarding the right of women living with HIV/AIDS to be free from discrimination and also explores non-binding international documents that provide guidance to governments in confronting discrimination against PLWHA. Part I then explores the ways in which lack of sexual autonomy, economic dependency, physical and sexual abuse, harmful traditional practices, commercial sex work, sexual exploitation of girls and young women, and conceptions of male sexuality increase women's vulnerability to HIV/AIDS in Malawi. Part II documents widespread community-level stigma against women …

Non-Horizontal Mergers: A European Perspective, Carles Esteva Mosso

Fordham International Law Journal

In the last few years, the assessment of non-horizontal mergers in the European Union (“EU”) has evolved considerably. There is now a consistent body of jurisprudence and administrative decisions on the assessment of vertical and conglomerate concentrations. The goal pursued is consumer welfare; the potential benefits of non-horizontal mergers are recognized and sound economic thinking is relied upon in identifying those instances where such mergers could lead to anti-competitive effects. Several developments have significantly contributed to this evolution. Two judgments of the European Courts have necessarily to be mentioned first: in 2004 the European Court of Justice (“ECJ”) established general …

“Practicing In Slow Motion”: The Development And Assessment Of An Interprofessional Clinical Education Curriculum For Law And Social Work Students, Lyn K. Slater

Dissertations, Theses, and Capstone Projects

Interprofessional and interagency collaboration are currently considered to be essential features of professional practice for the provision of effective health, education and human services. Most major professional organizations have now acknowledged the importance of working collaboratively with other professions and have advocated that education programs prepare students to collaborate across professions through the development of interprofessional education programs. At this time there is little evidence to show that when professionals learn together that this enables them, in practice and in the future, to work more collaboratively to achieve client goals.

There is a gap in the current evaluation literature that …

Of Pirates And Puffy Shirts: A Comment On ‘The Piracy Paradox: Innovation And Intellectual Property In Fashion Design, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Completely Theorized Agreements In Constitutional Law, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? This essay, written for a special issue of Social Research on Difficult Decisions, explores the role of two kinds of incompletely theorized agreements amidst sharp disagreements about the largest issues in social life. The first consist of agreements on abstract formulations (freedom of speech, equality under the law); these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under existing constitutions. Incompletely theorized …

Cost-Benefit Analysis Without Analyzing Costs Or Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Is an accommodation "reasonable," under the Americans with Disabilities Act, if and only if the benefits are roughly proportional to the costs? How should benefits and costs be assessed? Should courts asks about how much disabled employees are willing to pay to obtain the accommodation, or instead how much they would have to be paid not to have the accommodation? How should stigmatic or expressive harms be valued? This essay, written for a symposium on the work of Judge Richard A. Posner, engages these questions in a discussion of an important opinion in which Judge Posner denied accommodations involving the …

Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris

UC Law Journal of Race and Economic Justice

Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …

Falling Through The Cracks: The Impact Of Vawa 2005’S Unfinished Business On Immigrant Victims Of Domestic Violence, Mary B. Clark

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

No abstract provided.

Legal Services: Meeting New Challenges With Delivery Systems That Promise Lasting Impact For Maryland's Poor, Hannah E. M. Lieberman

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

No abstract provided.

Setting An Agenda For The Future Delivery Of Legal Services To The Poor In Maryland, Michael A. Millemann

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

No abstract provided.

A Work Of Heart: A Proposal For A Revision Of The Visual Artists Rights Act Of 1990 To Bring The United States Closer To International Standards, Rebecca Stuart

Santa Clara Law Review

No abstract provided.

Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher

Articles

Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time …

2007-2008 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

A Satire Of Law Firm Employment Practices, Miriam A. Cherry

Faculty Publications

(Excerpt)

Jeremy Blachman's new book, Anonymous Lawyer, is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). The novel had its beginnings as a weblog, with someone named "Anonymous Lawyer"—ostensibly a hiring partner at a large elite law firm—posting entries on the internet. Anonymous Lawyer's posts discussed everything from over-the-top summer associate outings complete with fireworks and drunken debauchery to lamenting Daylight Savings Time and the loss of hundreds of billable hours. In December 2004, the author of the blog was revealed to be Jeremy …

Due Process Rights And Terrorist Emergencies, James W. Nickel

Articles

This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …

The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait

Articles & Chapters

The recently published Urban Lawyers: The New Social Structure of the Bar by John P. Heinz, Robert L. Nelson, Rebecca L. Sandefur, and Edward O. Laumann documents that the legal profession is largely divided into two hemispheres, where lawyers on one side represent large organization, primarily corporations, and practice in large firms, while on the other side, they represent individuals and small businesses and practice in small firms or as solo practitioners. More and more of the total of legal fees has been going to the big-firm, corporate sector, and the incomes in this sphere have been increasing dramatically. Meanwhile, …

Demo 06, Columbia College Chicago

Alumni Newsletters

Alumni newsletter from Winter 2007-2008 entitled "DEMO6." This issue is 52 pages.

Practicing Globally: Extraterritorial Implications Of The Usa Patriot Act's Money-Laundering Provisions On The Ethical Requirements Of Us Lawyers In An International Environment, Pamella Seay

South Carolina Journal of International Law and Business

No abstract provided.

The Market For Bad Legal Scholarship: William H. Simon's Experiment In Professional Regulation, The, Bruce A. Green

Faculty Scholarship

William H. Simon is a highly regarded law professor and legal theorist whose principal subjects include the legal profession. Much of his scholarship challenges conventional professional norms and practices. His most recent article targets lawyers, especially law professors, who advise clients and serve as expert witnesses. His basic premise is that some clients do not seek lawyers' accurate, honest views but want their lawyers to ratify their proposed or past conduct regardless of its lawfulness, and that law professors and other lawyers sometimes satisfy this market by giving "bad legal advice." To discourage lawyers from doing so, and to minimize …

Resolving Employment Retention Barriers To Enhance Self-Sufficiency For Missoula County Tanf Recipients, Deborah Evelyn Holland

Graduate Student Theses, Dissertations, & Professional Papers

This study examined the issues of barriers and employment retention in a rural county welfare-to-work setting, the Missoula, Montana WoRC Program. Qualitative research (study one) was conducted, to interview clients regarding reasons why they had lost jobs in the past, and, to elicit their suggestions regarding new services the WoRC Program could offer to help with employment retention at future jobs. Study one results indicated that the primary barriers resulting in job loss were: family issues; medical problems; mental health disorders; work site difficulties; and other (i.e. boredom, attitude problems). Work adjustment proved to be an underlying barrier to employment …

Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci

Articles

No abstract provided.

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In the past decade, and particularly since 1998, there has been an incredible transformation in the treatment of sex-based and gender- based violence' in the fields of international humanitarian law and international criminal law. Before this, crimes committed exclusively or disproportionately against women and girls, in times of conflict, were largely either ignored, or at most, treated as secondary to other crimes. Despite the fact that rape and other forms of sexual violence had been widely reported during World War HI, for instance, the crime of rape was not expressly included in either the London Charter, establishing the International …

Private Judges, Public Juries: The Ohio Legislature Should Rewrite R.C. 2701.10 To Explicitly Authorize Private Judges To Conduct Jury Trials, John W. Whittlesey

Case Western Reserve Law Review

No abstract provided.

Why Do We Ask The Same Questions - The Triple Helix Dilemma Revisited Symposium: Legal Information And The Development Of American Law: Further Thinking About The Thoughts Of Robert C. Berring, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Employee Benefit Plans With Conforming Changes As Of March 1, 2007; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Employee Benefit Plans Audit Guide Revision Task Force Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Unlocking The Doors To Justice: Protecting The Rights And Remedies Of Domestic Workers In The Face Of Diplomatic Immunity, Amy Tai

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Aicpa Professional Standards: Code Of Professional Conduct And Bylaws As Of June 1, 2007, American Institute Of Certified Public Accountants

AICPA Professional Standards

No abstract provided.