Digital Commons Network^™

Russia And Ukraine, Sergey Budylin, Franklin E. Gill, Olena Kibenko

The International Lawyer

No abstract provided.

Europe, Neil Peretz, George Bustin, Peter Werdmuller, Amandine Garde, Michael Haravon, Wim Vande Velde, Gillian Sproul, Clare Brown, Sangeeta Puran, Sandy Bhogal, Sharon Gerbi, Jonathan Nugent, Mark C. Hilgard, Jan Kraayvanger, Martin Lorenz, Stefano Viola, Claudia Bortolani, Flaminia Cotone, Stefania Bariatti, Domenico Di Pietro, Lisa Bench Nieuwveld, Matthijs Nieuwveld, Anne Wagner-Findeisen, Levana Zigmund, Rick Silberstein, Florian S. Jorg, Dick Spacek, Hakki Gedik, Dirk Gaupp, Serdar Dalkir, Kemel T. Su, Christian Lundgren, Paul Luiki, Maria Thierrichter

The International Lawyer

No abstract provided.

2008-03-12 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.

The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee

Indiana Journal of Global Legal Studies

The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect-" judicial activism"-legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists …

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

Faculty Articles

Lawyers owe professional obligations to clients and it is usually pretty easy to identify a lawyer's clients, but it is getting more difficult. In recent decades, courts have recognized duties to individuals or entities who are in no sense traditional clients. These duties might lead to liability or disqualification from a matter. This Article, which was given as the Tabor Lecture at Valparaiso University School of Law, identifies seven categories of "virtual clients" and tries to define each category, the justifications for it, and the consequences of virtual client status. It distinguishes other circumstances in which a lawyer may have …

Pandemic Preparedness Among Sudanese Migrants In Greater Cairo, Yasmine Ahmed, Rebecca Dibb

Faculty Journal Articles

This study looked at the perceptions and vulnerabilities of Sudanese migrants to an influenza pandemic in Egypt. Migrants’ limited access to health and non-health public services in Egypt and the absence of a specific migrants’ component in the Egyptian National Pandemic Preparedness Plan provide indication of the vulnerability of migrants, both in terms of prevention and actual protection during a pandemic. This research project, commissioned by the International Organization for Migration (IOM) and conducted by the Centre for Migration and Refugee Studies (CMRS) at the American University in Cairo, aimed to provide a situational analysis of pandemic preparedness among the …

Some Realism About Bar Associations, Elizabeth Chambliss, Bruce A. Green

Faculty Scholarship

No abstract provided.

The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …

Litigation & Professional Responsibility: Is Overlawyering Overtaking Democracy?, David M. Schizer

Faculty Scholarship

Welcome everyone. We're going to get started. I'm David Schizer, the Dean of Columbia Law School. I'm here to moderate the panel, and our panel's title is, of course, "Is Overlawyering Overtaking Democracy?"

Now, as the moderator I get to ask questions, and I'm going to start with a question of the audience. My question is, aside from me, how many people here have seen Jerry Seinfeld's new animated movie, Bee Movie? I've a six-year-old daughter, which explains why I did – okay, a couple of people. For the rest of the audience's benefit, I should tell you the …

Understanding The Motivations Of Ghanaian Bureaucrats, Christine Naa Norley Lokko

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examines the factors that affect the work performance of Ghanaian bureaucrats. Three decades ago Robert Price (1975) examined the impact that kinship ties had on the motivation of Ghanaian bureaucrats. He found that Ghanaian bureaucrats behaved in particularistic fashions as opposed to acting in a universalistic manner, suggesting kinship was a major determinant of bureaucratic routine. This study followed the work of Price by replicating his mix of interviews and surveys, with the addition of questions that incorporate recent work on bureaucracy that suggest motivation involves a mix of solidary, functional, and pecuniary preferences (Brehm and Gates, 1997; …

Law School Catalog 2008, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Law School Catalogs

No abstract provided.

The End(S) Of Self Regulation?, Richard Devlin, Porter Heffernan

Articles, Book Chapters, & Popular Press

Self-regulation is a sacred cow of the Canadian legal profession. The authors question this assumption on several levels and ask whether, in a liberal democratic society such as Canada, self-regulation really is in the public interest. The advantages and disadvantages of self-regulation are discussed in the context of other Commonwealth nations who have moved away from this type of regulatory structure. Though the self-regulation debate has been traditionally viewed as a "one way or the other" argument, calibrated regulation seems to be a possibility in Canada and, in fact, steps have already been taken in this direction. Devlin and Heffernan …

Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger

Articles

The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions, to incentivize claims management in addition to harm-reduction responses that are cost- rather than liabilityminimizing. This article works in the intersection of these two understudied areas, focusing on claims management steps taken by frequently sued organizations, and opening a window into the black box of deterrence to see how those steps may end up serving harm-reduction purposes as …

Did Bankruptcy Reform Fail? An Empirical Study Of Consumer Debtors, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren

Articles

Before 2005, many people went broke and many filed for bankruptcy. After 2005, many people still go broke, but not so many file for bankruptcy. Why has the number of bankruptcies declined? Surely it is not the economy. All throughout the 2000s, families have been under increasing economic pressure. Median family incomes have declined, basic expenses have risen, and families are shouldering unprecedented debt loads. Defaults remain high for credit cards and car loans, while mortgage foreclosures have soared. By 2008, over half of all Americans reported that their incomes were falling behind their cost of living. These data all …

Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro

Fordham Urban Law Journal

MISSING

Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill

Fordham Urban Law Journal

MISSING

No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, & Dialogic Default, Julie Nice

Fordham Urban Law Journal

No abstract provided.

Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne

Fordham Urban Law Journal

In Hazelwood School District v. Kuhlmeier, the Supreme Court evaluated the administrative control of a high school newspaper and held that public school officials could control speech in school-sponsored activities if they did so for legitimate pedagogical reasons. While the Court reserved the question of whether this standard should be applicable at the university level, various federal circuit courts have since applied this speech-restrictive standard to student speech at colleges and universities. In light of these circuit court opinions, there has been considerable debate about whether and to what extent the Hazelwood framework should apply to college and university students. …

New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson

Articles & Book Chapters

The impact of new techonologies in the US, the UK, Canada, Australia, Singapore and Israel are compared.

2008-2009, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street

Richmond Public Interest Law Review

tudent speech" doctrine defined by Tinker in favor of an in loco parentis standard that defers to the expertise of school officials in maintaining a safe, effective, and orderly school environment. Contrary to what its critics assume, an in loco parentis standard would not give school officials carte blanche to violate their students' rights. It would, for example, prohibit school officials from discriminating against students on the basis of viewpoint. But as long as Tinker's student speech doctrine survives, efforts to improve our schools and prepare our children for the rigors of the twenty-first century will suffer. The in loco …

Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka

Law Faculty Publications

Across the country, everyone is talking about a "housing crisis." For youth who age out of foster care, just finding a place to sleep each night is always a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, undereducation, teen pregnancy, and incarceration. In the last few years, lawmakers, advocates, and child welfare practitioners have finally started paying attention to adolescents discharged from foster care. This article focuses on laws and programs that target housing issues facing youth aging out of foster care. It also …

Beauty Of Law, Thomas J. Moyer

University of Baltimore Law Review

No abstract provided.

The Public Trust In Private Hands: Social Security And The Politics Of Government Investment, Benjamin A. Templin

Kentucky Law Journal

No abstract provided.

Was It Good For You Too? Conversation Analysis Of Two Interviews, Linda F. Smith

Kentucky Law Journal

No abstract provided.

Future Of Administrative Justice, Lorne Sossin

Articles & Book Chapters

This is the introductory talk, programme, and keynote to the "Future of Administrative Justice" Symposium.

Statement Of Principles Of Accreditation And Fundamental Goals Of A Sound Program Of Legal Education, Donald J. Polden

Faculty Publications

No abstract provided.

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Faculty Scholarship

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …

Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley

Faculty Scholarship

No abstract provided.

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …