Digital Commons Network^™

Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee

University of Florida Journal of Law & Public Policy

No abstract provided.

How Can Japanese Corporations Protect Confidential Information In U.S. Courts?, Masamichi Yamamoto

Vanderbilt Journal of Transnational Law

U.S. courts have seen a significant increase in the number of lawsuits involving both U.S. and Japanese corporations. In deciding these cases, U.S. courts may have to choose how to apply the attorney-client privilege to in-house lawyers retained by corporations in Japan, where the legal system and discovery rules are fundamentally different from those of the United States. U.S. courts would most likely analyze these situations under the Remy-Martin/Minolta test and recognize the attorney-client privilege only for managers of legal departments in Japanese corporations, not for other non-bengoshi (non-licensed) in-house lawyers. This will change in the near future, however, when …

An Ounce Of Prevention: Improving The Preventative Measures Of The Trafficking Victims Protection Act, Takiyah R. Mcclain

Vanderbilt Journal of Transnational Law

Trafficking is a multi-billion dollar industry that affects the lives of millions of people, especially young girls and women. In an effort to combat this issue, the United States enacted the Trafficking Victims Protection Act in 2000. The Act has had some positive effects on the trafficking industry, but its preventative measures overlook or fail to deal sufficiently with some key factors: human rights issues, gender and economic inequalities, and sensationalism of the sex industry.

This Note discusses these three issues and their importance in establishing more effective preventative measures. Additionally, this Note looks to two approaches to trafficking, the …

Elite Law Firm Mergers And Reputational Competition, Bruce E. Aronson

Vanderbilt Journal of Transnational Law

Although rapid law firm growth has persisted since the 1980s, the acceleration of this trend over the last decade by means of mergers is puzzling. Why would normally conservative law firms embark on a merger strategy that appears to encompass significant risk and uncertain benefits? Is this trend a peculiarly U.S. phenomenon?

Most of the popular explanations for law firm mergers focus on a single factor: Law firms everywhere cite strikingly similar reasons based on a presumed client demand for "one-stop shopping." This Article contributes to providing a more robust, multi-causal explanation for law firm behavior through a comparative study …

Cost-Based And Rules-Based Regulatory Competition: Markets For Corporate Charters In The U.S. And The E.U., Marco Ventoruzzo

Faculty Scholarship

Regulatory competition in corporate law is increasing in Europe and, not differently from what happens in the US, a market for corporate charters is developing in Europe. This article examines the differences between the US corporate law market, and the European one - to the extent that one exists. The basic idea is that, in Europe, there is a stronger competition for the (first) incorporation of rather small, closely-held corporations; while in the US a small closely-held corporation usually incorporates locally, where its shareholders and directors are located, and reincorporates - often in Delaware - when it is growing and, …

The Word And The Law, James Boyd White

Articles

In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander

Articles

Many of us appear surprised when families involved in the child protective system do not reunify. A parent’s path to reunification seems straightforward. Upon a finding of neglect, the court prescribes a basic regimen, typically consisting of parenting classes, counseling, drug testing, and a psychological evaluation, that a parent must fulfill prior to having the child returned to his/her custody. If a parent successfully completes these seemingly minimal requirements, the law requires reunification unless the return poses a “substantial risk of harm” to the child. With such high stakes involved, a clearly defined path for success, and the prospect of …

Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reforming Section 115: Escape From The Byzantine World Of Mechanical Licensing, Skyla Mitchell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Law School Catalog 2007, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Law School Catalogs

No abstract provided.

Big Interest Rates Under The Big Sky: The Case For Payday And Title Lending Reform In Montana, Jessie Lundberg

Montana Law Review

Big Interest Rates Under the Big Sky

Bulletin 2007-2008, Seattle University School Of Law

Viewbooks

No abstract provided.

Civil Justice Problems And The Disability And Health Status Of Canadians, Ab Currie

Journal of Law and Social Policy

No abstract provided.

The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone

Journal of Law and Social Policy

No abstract provided.

Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus

Fordham Law Review

After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein

Fordham Law Review

No abstract provided.

The Corporate/Securities Attorney As A 'Moving Target' - Client Fraud Dilemmas, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This Paper analyzes the enhanced responsibilities and liability concerns that corporate/securities attorneys have in the post-Enron era. State ethical rules, SEC pronouncements, and court decisions are addressed. The ramifications of the Sarbanes-Oxley Act with respect to its impact on legal counsel also are explored. The Paper also provides insight focusing on the business attorney's role as counselor and gatekeeper when faced with the prospect of client fraud.

The Financial Implications And Organizational Cultural Perceptions Of Implementing A Performance Management System In A Government Enterprise, Hugh Van Seaton

UNF Graduate Theses and Dissertations

Successful organizations continually seek ways to improve productivity, reduce and control costs, and increase efficiency. Governmental entities also are driven by the need for increased efficiency and accountability in public service for their constituents.

There is a continuing need for better tools and a number of government entities have turned to performance management systems due to their promise of improvement in various areas of productivity and accountability. This research focused on one such system, Six Sigma, which has recently experienced widespread adoption in industry in the United States, internationally, and in some government organizations. In this study Six Sigma was …

Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins

Faculty Publications

The relationship between remedies and race in U.S. tort law merits attention. This essay first challenges the boundary between civil rights and tort remedies by highlighting a stunning but previously overlooked 1959 Fifth Circuit case where an individual tort remedy served as a significant civil rights remedy in the integration of public transportation throughout the South. Second, the essay focuses on the relationship between race and damages from 1865 to the present. It argues that the torts system provided access to indigent plaintiffs of all races during periods when poor people were otherwise denied legal representation in every other context. …

Effects Of Word-Of-Mouth Communication On Purchasing Decisions In Restaurants: A Path Analytic Study, Dongsuk Jang

UNLV Retrospective Theses & Dissertations

This study investigated the restaurant word-of-mouth communication structure. Main constructs of the word-of-mouth process on purchasing decisions were identified and their relationships were examined in a restaurant setting. Consequently, a restaurant word-of-mouth model was proposed; The main interests of study are as follows: first, to identify the main factors of restaurant word-of-mouth communication; second, to discover which word-of-mouth factors directly affect the consumer's restaurant product/service purchase decision; and third, to find out the degree to which word-of-mouth factors determine the consumer's word-of-mouth search efforts for a restaurant. The study also looked at the mediating effect of word-of-mouth search efforts on …

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Faculty Scholarship

In the last several years, the Supreme Court has decided a number of important challenges to the government’s conduct of its “War on Terror.” Brought on behalf of persons alleged to be “enemy combatants,” many of whom were detained at Guantánamo Bay, these suits challenged the prisoners’ indefinite detention, asserted their right to access federal courts, and questioned the legality of the tribunals created to adjudicate the charges against them. The debate about the detainees’ access to federal courts has continued in Congress, with the passage of the Military Commissions Act (MCA), and in the lower courts, with challenges to …

Beyond The Bench: Solutions To Reduce The Disproportionate Number Of Minority Youth In The Family And Criminal Court Systems, Jessica Jean Kastner

Journal of Law and Policy

No abstract provided.

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

Vanderbilt Law School Faculty Publications

Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth disparities. Because American law seems removed from race and wealth concerns, legal workers see no place for such considerations in their education or practice.

Although the legal system has aspired to neutrality and equality, racialized wealth inequality has resulted and continues. This article considers the aspiration and shows how equality and neutrality can veil existing wealth inequality. Using examples from judicial decisionmaking and …

Federal Student Loan Repayment Assistance For Public Interest Lawyers And Other Employees Of Governments And Nonprofit Organizations, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The problem of high monthly repayment obligations for educational debt has long plagued students, particularly graduate and professional students, who desired lower-paying public interest careers. Congress has recently responded very positively. In the College Cost Reduction and Access Act of 2007, Congress has made it possible for high-debt, lower-income graduates to manage debt repayment through an "income-based repayment" plan. In addition, Congress has created a new program through which public servants -- including all government workers and all employees of all non-profit organizations that are tax-exempt under Section 501(c) (3) of the Internal Revenue Code --are entitled to have a …

A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Education Law Priorities And Need: A Comparitive Analysis, Michael Anson Magone

Graduate Student Theses, Dissertations, & Professional Papers

This descriptive study ascertained the perceptions of Montana public school principals and superintendents, and Montana education law attorneys, regarding school law education for Montana public school principals. The study surveyed 595 individuals: 239 superintendents, 347 principals, and 9 education law attorneys. The 268 responses obtained represented a 95.6% confidence level.

The study addressed the following questions: 1) Which areas of school law are essential for a public school principal to know?; 2) In which school law areas do public school principals have an immediate need for knowledge?; 3) Which school law areas are critical for inclusion in a graduate-level principal …

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff

Publications

No abstract provided.