Digital Commons Network^™

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.

The Clinical Year, Stephen Ellmann

NYLS Law Review

No abstract provided.

The Tax Treatment Of Cancelled Interest And Penalties On Consumer Debt, Richard C.E. Beck

NYLS Law Review

No abstract provided.

Delivering User-Centric Services At The Colorado Supreme Court Library, Robert M. Linz

Publications

No abstract provided.

Wilma L. Schwenke, Tania P. Schwenke, Cindy Lawrence, And Wayne Wong V. Intermountain Inc. Dba Intermountain Isuzu V. Wilma L. Schwenke, Tania P. Schwenke, Cindy Lawrence, Wayne Wong, And Victor Lawrence : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court In and for Salt Lake County, State of Utah Judge Denise Lindberg Civil No. 000904217

Wilma L. Schwenke, Tania P. Schwenke, Cindy Lawrence, And Wayne Wong V. Intermountain Inc. Dba Intermountain Isuzu V. Wilma L. Schwenke, Tania P. Schwenke, Cindy Lawrence, Wayne Wong, And Victor Lawrence : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court In and for Salt Lake County, State of Utah Judge Denise Lindberg Civil No. 000904217

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

Richmond Journal of Law and the Public Interest

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.

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 Journal of Law and the Public Interest

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 …

Michael Clayton V. Department Of Workforce Appeals Board Of The Utah Department Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appellant's Brief In the Court of Appeals State of Utah Petition for review

Syndicate Exchange Corporation, Adventure Partners, Ltd. V. Crusher Rental & Sales, Inc., Larry Eilers : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant

"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

Georgetown Law Faculty Publications and Other Works

In light of recent developments, the confidence that one's communications with a lawyer will remain sacrosanct today may be badly misplaced. This raises important questions concerning the duty of lawyers: When, to what extent, and in what detail, does an attorney communicating with someone who may expect confidentiality, have a duty to explain in advance the circumstances under which the information gained may subsequently be revealed pursuant to these or other confidentiality loopholes? Will the interviewee “clam up” in the face of such Miranda-like warnings? If so, what does this do to the premise of Upjohn and the Model Rule …

Fall 2008

University of Richmond Magazine

No abstract provided.

Taking Attorney-Client Communications (And Therefore Clients) Seriously, Eli Wald

University of San Francisco Law Review

This Article argues that the Rules of Professional Conduct still need significant improvement and should adopt a materiality-based communications rule that would ensure that clients receive all information a reasonable client would consider relevant to making decisions regarding the attorney-client relationship.

The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller

UC Law Journal of Race and Economic Justice

In November of 2002 San Francisco voters approved Proposition N, titled Care Not Cash, with the intent that it would reduce homelessness and improve the health and welfare of homeless persons receiving General Assistance. This note examines the effectiveness of Care Not Cash in combating homelessness and in achieving its promise of services and aid with the curtailment of General Assistance. In evaluating Care Not Cash's effectiveness, the author reviews homeless assistance programs employed by cities and municipalities throughout the United States. Additionally, the author explores alternative homeless outreach programs currently existent in San Francisco which have been effective in …

Obstacles To Self-Actualization In Chinese Legal Practice, Melissa S. Hung

Santa Clara Law Review

No abstract provided.

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii.

Articles & Chapters

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP")1 and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 2(hereinafter "U.K. Act"), will then …

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Micronesian Youth In Hawaii: Development Of After School Programs To Support Micronesian Youth In Selected Schools In Hawaii, Hao Yang

Graduate Research Papers

The Boys & Girls Club of Hawaii sought to develop and test "a support program(s) to assist Pacific Island immigrant youth and their families, more specifically, the Micronesian communities." in selected schools in the urban core. This "In-Step" program to help immigrant Micronesians was designed with the following schools that are heavily impacted by Micronesian immigrants: McKinley High School and the Kaimuki Complex Middle Schools (specifically Central and Washington Middle Schools). To achieve the objectives of the project, the following were to be provided during the course of the two-year program:

A Outreach services for the purpose of recruiting immigrant …

A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal

Tribal Law Journal

Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

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 …

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Faculty Scholarship

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman

Campbell Law Review

No abstract provided.

How The Law Defines Journalism, Rhonda Breit

Graduate School of Media and Communications

Studies proffering critiques of journalism and developing theories that seek to explain what it is have been dominated by research into journalists 'attitudes, social structures and cultural influences and effects. Thus these studies are essentially linear and intra-professional. This paper calls for a broader examination of understandings of journalism based on Abbott’s concept of occupational jurisdiction. Abbott (1988, J993, p. 204) argues that professions cannot be studied individually, but should be examined in the context of an interacting system of professionals; that a theory of professions must take account of culture and social structure as well as intra-, inter- and …

Attaining Permanence : Securing Legal Aid For Relative Caregivers, Janie Parra

Capstone Projects and Master's Theses

This capstone project addresses the relative caregiver population of Kinship Center's Family Ties program. The problem is the lack of access to legal permanence for relative families. The capstone project was to collaborate with private attorneys from Monterey and Santa Cruz Counties to provide pro-bono services to Kinship Center Family Ties clients who could attain legal services.

Vico's "Ingenious Method" And Legal Education, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

The Guardian, Special Edition, 2008, Wright State University Student Body

The Guardian Student Newspaper

Twenty page issue of The Guardian, the official student-run newspaper for Wright State University. The Guardian has been published regularly since March of 1965.

In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis

Michigan Journal of Race and Law

The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …

Checklists And Illustrative Financial Statements : Health And Welfare Benefit Plans, March 2008 Edition, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.