Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2008

Discipline
Institution
Keyword
Publication
Publication Type

Articles 721 - 750 of 1016

Full-Text Articles in Entire DC Network

Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin Jan 2008

Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin

Articles

Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …

Go to article

The Adversary System Is Dead: Long Live The Adversary System: The Trial Judge As The Great Equalizer In Criminal Trials, Mary Sue Backus Jan 2008

The Adversary System Is Dead: Long Live The Adversary System: The Trial Judge As The Great Equalizer In Criminal Trials, Mary Sue Backus

Faculty Articles

No abstract provided.

Go to article

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte Jan 2008

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …

Go to article

Process Innovation In The Production Of Corporate Law, Steven Cleveland Jan 2008

Process Innovation In The Production Of Corporate Law, Steven Cleveland

Faculty Articles

No abstract provided.

Go to article

Private International Law Jan 2008

Private International Law

The International Lawyer

No abstract provided.

Go to article

A Charter Reality Check: How Relevant Is The Charter To The Justness Of Our Criminal Justice System?, Kent Roach Jan 2008

A Charter Reality Check: How Relevant Is The Charter To The Justness Of Our Criminal Justice System?, Kent Roach

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Although the Charter has made many important improvements to the criminal justice system, this paper argues that there is a need for a greater sense of perspective on the importance of the Charter to the criminal justice system. This paper critically examines the impact of the Charter on rates of imprisonment, rates of pre-trial imprisonment, rates of Aboriginal overrepresentation in prison and among crime victims, rates of crime victimization, national security activities, wrongful convictions, trial delay and complexity, and the Criminal Code. It concludes that the Charter has likely not been a major factor in explaining why Canadian rates of …

Go to article

Searching For The Constitutional Core Of Access To Justice, Melina Buckley Jan 2008

Searching For The Constitutional Core Of Access To Justice, Melina Buckley

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper posits that access to justice is both a large multifaceted concept with broad policy implications and also a constitutional commitment central to our legal system. It contends that the process of refining and giving contemporary meaning to the legal principle of access to justice is obfuscated by debate surrounding the broader policy concept because the duality plays into concerns over the respective roles of governments and the courts to ensure access to justice, which brings the justiciability of access to justice claims into question. The woeful state of civil legal aid programs across Canada is attributable in part …

Go to article

What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman Jan 2008

What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman

Georgia Law Review

It is the established law of the land that minors enjoy a limited right to terminate unwanted pregnancies. States may restrain the exercise of this right by requiring parental consent or notification, but they must allow minors an opportunity to bypass consent requirements. This Note examines the history and present state of judicial and nonjudicial bypass mechanisms. It details the constraints and requirements imposed by state and federal constitutions, assesses the current landscape of parental involvement statutes, and provides prescriptive analysis as to how states might choose to refine and improve their bypass mechanisms to better protect parental rights.

Go to article

Justice Sandra Day O'Connor: A Selected Annotated Bibliography, Julie Graves Krishnaswami Jan 2008

Justice Sandra Day O'Connor: A Selected Annotated Bibliography, Julie Graves Krishnaswami

Catholic University Law Review

No abstract provided.

Go to article

Pro Bono Publico: The Growing Need For Expert Aid, Hannah J. Wiseman Jan 2008

Pro Bono Publico: The Growing Need For Expert Aid, Hannah J. Wiseman

South Carolina Law Review

No abstract provided.

Go to article

Uk Law Notes, 2008, University Of Kentucky College Of Law Jan 2008

Uk Law Notes, 2008, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Go to article

Giving Millennials A Leg-Up: How To Avoid The "If I Knew Then What I Know Now" Syndrome, Leslie Larkin Cooney Jan 2008

Giving Millennials A Leg-Up: How To Avoid The "If I Knew Then What I Know Now" Syndrome, Leslie Larkin Cooney

Kentucky Law Journal

No abstract provided.

Go to article

Adding Injury To Injury: Inadequate Protection Of Tenants' Property During Eviction And The Need For Reform, Larry Weiser, Matthew T. Treu Jan 2008

Adding Injury To Injury: Inadequate Protection Of Tenants' Property During Eviction And The Need For Reform, Larry Weiser, Matthew T. Treu

Loyola Consumer Law Review

No abstract provided.

Go to article

To Stop A Predator: Is A Complete Ban On For-Profit Foreclosure Rescue Operations The Best Way To Prevent Equity Stripping?, Allison D. Matthews Jan 2008

To Stop A Predator: Is A Complete Ban On For-Profit Foreclosure Rescue Operations The Best Way To Prevent Equity Stripping?, Allison D. Matthews

Loyola Consumer Law Review

No abstract provided.

Go to article

Federal Housing Help Falls Short: The Housing And Economic Recovery Act Of 2008, Evan Page Jan 2008

Federal Housing Help Falls Short: The Housing And Economic Recovery Act Of 2008, Evan Page

Loyola Consumer Law Review

No abstract provided.

Go to article

Town Of Greenfield 2007 Annual Reports For Fiscal Year Ending December 31, 2007., Greenfield Town Representatives Jan 2008

Town Of Greenfield 2007 Annual Reports For Fiscal Year Ending December 31, 2007., Greenfield Town Representatives

Greenfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Go to article

Town Of Deering 2007 Annual Report., Deering Town Representatives Jan 2008

Town Of Deering 2007 Annual Report., Deering Town Representatives

Deering, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Go to article

Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa Jan 2008

Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa

UC Law SF Journal on Gender and Justice

This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural …

Go to article

Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy Jan 2008

Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy

UC Law SF Journal on Gender and Justice

This Note explores the barriers that transgender youth face when attempting to explore transition through counseling or medical treatment. The Note first addresses barriers facing the transgender community generally, including cost of transition, social hurdles, and psychological factors. The Note then addresses the legal ramifications of three different situations: (1) when parents agree with their child's choice to explore transition; (2) when parents disagree with each other about their child's choice; and (3) when both parents oppose their child's transition. Finally, the Note addresses Constitutional and policy arguments in support of transgender youth.

Go to article

Preventive Law: A Strategy For Internal Corporate Lawyers To Advise Managers Of Their Ethical Obligations, Z. Jill Barclift Jan 2008

Preventive Law: A Strategy For Internal Corporate Lawyers To Advise Managers Of Their Ethical Obligations, Z. Jill Barclift

Faculty Scholarship

This article examines the efficacy of Preventive Law jurisprudence to internal corporate law practice. The article compares internal corporate law practice to the practice approach of Preventive Law. The article explores the benefits of Preventive Law jurisprudence to internal corporate law practice. Part I discusses the history and various vectors of Preventive Law. Part II examines the responsibilities of corporate law departments. Part III compares Preventive Law practice skills to internal corporate law practice, and explores the utility of Barton’s problem solving approaches to internal corporate law practice. Finally, the article concludes arguing internal corporate law practice is Preventive Law …

Go to article

Flies On The Wall Or In The Ointment? Some Thoughts On The Role Of Clinical Supervisors At Initial Client Interviews, Carolyn Grose Jan 2008

Flies On The Wall Or In The Ointment? Some Thoughts On The Role Of Clinical Supervisors At Initial Client Interviews, Carolyn Grose

Faculty Scholarship

This article uses the question of whether or not supervisors attend initial client interviews with their students as a lens through which to explore other questions about supervision theory, clinical pedagogy and professional responsibility. This analysis appears to create dichotomous positions concerning how students learn best and how clients are served best. The article attempts to deconstruct these dichotomies by proposing a different way to think about these issues. Grounded in theories about adult learning, critical reflection, and role assumption and modeling, the article concludes that the decision about whether to attend client interviews can be one that the supervisor …

Go to article

Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak Jan 2008

Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak

Richmond Public Interest Law Review

Following this introduction, Part II evaluates the effectiveness of the BAPCPA by measuring bankruptcy filing rates pre- and post-enactment and examines the losses disclosed by some of the largest credit lenders who lobbied for the bill. Part III discusses the legal challenges to BAPCPA that have already appeared in federal court. Part IV explains some of the more heavily-criticized shortcomings of the BAPCPA. This comment concludes with a brief discussion of the root causes of bankruptcy that remain unaffected by the passage of the BAPCPA.

Go to article

Imagining More: Strategic Plan 2008-2012, University Of Texas At Brownsville Jan 2008

Imagining More: Strategic Plan 2008-2012, University Of Texas At Brownsville

UTB/TSC Archives - Factbooks & Brochures

No abstract provided.

Go to article

Virtual Clients: An Idea In Search Of A Theory (With Limits), Stephen Gillers Jan 2008

Virtual Clients: An Idea In Search Of A Theory (With Limits), Stephen Gillers

Valparaiso University Law Review

No abstract provided.

Go to article

Transcript, What Is The “Free Press”?, 2005 National Lawyer's Convention Jan 2008

Transcript, What Is The “Free Press”?, 2005 National Lawyer's Convention

Chapman Law Review

No abstract provided.

Go to article

Advocating At The Margins: Women’S Ngos In China, Ling U Jan 2008

Advocating At The Margins: Women’S Ngos In China, Ling U

Honors Theses

The development of non-governmental organizations (NGOs) in China has been unprecedented in the past fifteen years. The 1995 Fourth World Conference on Women (FWCW) and parallel NGO Forum in Beijing, China, opened the door for the first time for the establishment of women’s NGOs in China. This paper examines the development of Chinese women’s NGOs with a particular focus on two organizations in Beijing for marginalized female populations: one focusing on lesbians and the other helping women with HIV/AIDS. I examine the structure and growth of each NGO; however, on a more personal level and perhaps more importantly, I use …

Go to article

High School Students' Academic Achievement And Their Mothers' Attitudes And Level Of Education, Nicole M. Classen Jan 2008

High School Students' Academic Achievement And Their Mothers' Attitudes And Level Of Education, Nicole M. Classen

Masters Theses

What is life like for a teenager growing up with a sibling who has a disability? Using their own words, five high school students explored, through an interview format, how their experiences, family systems, and identity have been shaped in direct and indirect ways by having a brother or sister with a disability. Several common themes emerged and included how sibling-care responsibilities influenced their ability to participate in social activities outside of the home, reported perceptions of having more household responsibilities than their peers and/or siblings, recognition that the sibling with a disability influenced family members and family life, an …

Go to article

Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke Jan 2008

Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article suggests that the current version of Rule 6.1 of the Model Rules of Professional Conduct has not achieved its objective of fostering universal public and pro bono service among lawyers, and proposes a change to the current rule that hopefully will be more successful in achieving these laudable objectives. From the earliest days of the Anglo-American legal profession, lawyers have understood public, or pro bono publico, service to be fundamental to their identity as professionals. During the last half of the 20th century, however, this evolution became a revolution, as pro bono increasingly came to be identified with …

Go to article

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande Jan 2008

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande

Faculty Publications

This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. The authors include David Hoffman, Nancy Welsh, Julie Macfarlane, Richard Shields, Pauline Tesler, Scott Peppet, Forrest ("Woody") Mosten, Jeanne Fahey, Kathy Bryan, Lawrence McLellan, and John Lande. The articles address issues including: teaching law students to "feel" like lawyers and not just "think" like them, using "conflict resolution advocacy" (which is not necessarily oriented to the courts), developing lawyers' …

Go to article

Roleplays As Rehearsals For “Doing The Right Thing”---Adding Practice In Professional Values To Moldovan And United States Legal Education, Ann Juergens Jan 2008

Roleplays As Rehearsals For “Doing The Right Thing”---Adding Practice In Professional Values To Moldovan And United States Legal Education, Ann Juergens

Faculty Scholarship

In a work world where injustice and corruption challenge lawyers daily, how might law schools better prepare students to become ethical leaders, or, at least, to practice ethically themselves? This article asserts that adding short interactive roleplays to large classes is one way for students to learn the skill and value of doing the right thing under difficult circumstances. The authors build on their experience teaching in Moldova, where they found students eager to engage in realistic roleplays, so eager that they transformed a lawyer-client interviewing exercise into an exploration of what to do when offered a bribe. If U.S. …

Go to article

First Prev Next Last