Digital Commons Network^™

Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Peter A. Joy

Scholarship@WashULaw

The legal academy has given little thought to how practicing law within law schools affects professional responsibilities and is different from representing clients in a traditional law firm or how notions of academic freedom affect lawyering in law schools. Yet repeated attempts to interfere with law clinic representation starkly illustrate how lawyering in the academy might be different, under notions of professional responsibility and academic freedom, from other lawyering or typical law teaching.

Scholarship on interference in clinical programs has focused primarily on the impropriety of interference on the institutional autonomy of law schools by those outside the university, such …

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.

A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle Arnopol Cecil

Kentucky Law Journal

No abstract provided.

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has some clinics, though not widespread). This article examines …

Aicpa Professional Standards: Code Of Professional Conduct And Bylaws As Of June 1, 2009, American Institute Of Certified Public Accountants (Aicpa)

AICPA Professional Standards

No abstract provided.

Independence And Ethics Developments - 2009; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Employee Benefit Plans With Conforming Changes As Of March 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Employee Benefit Plans Committee Force Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Checklists And Illustrative Financial Statements : Health And Welfare Benefit Plans, April 2009 Edition, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro

Vanderbilt Journal of Transnational Law

This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices. The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts. In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation. While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental …

Lawyers Without Borders, Catherine A. Rogers

Faculty Scholarship

Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …

Client Activism In Progressive Lawyering Theory, Eduardo R.C. Capulong

Faculty Law Review Articles

In this article the author argues that the aims, contexts, and methods of client activism are paramount in progressive lawyering theory, and as such precede and define the question of how progressives should lawyer. The author suggests precursory paradigms that 1) clarify the ultimate political goals to which activism is and should be directed; 2) analyze the social conditions shaping and defining grassroots activity; and 3) specify and systematize the myriad methods that can and should be used to further these ends. In critiquing prevailing theoretical formulations that relate to these considerations, the author argues that progressive lawyers need to …

2009 Admissions Brochure, New York Law School

NYLS Bulletins and Catalogs

No abstract provided.

Who We Were And Who We Are: How Michigan Law Students Have Changed Since The 1950s: Findings From 40 Years Of Alumni Surveys, David L. Chambers, Terry K. Adams

Articles

For 40 consecutive years, from 1967 to 2006, the Law School surveyed its alumni regarding their lives and careers. The project began in 1967 with the mailing of a questionnaire to the class of 1952 shortly before their 15th reunion. The results proved interesting enough that surveys were sent each year thereafter to the class 15 years out. In 1973, the classes 5 years out were added to the survey.

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

Articles

This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …

Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead

Articles

Does tort law deter risky behavior in individuals? We explore this question by examining the relationship between tort immunity and volunteering. During the 1980s and 1990s, nearly every state provided some degree of volunteer immunity. Congress followed with the 1997 Volunteer Protection Act. This article analyzes these acts, identifying three motivations for them: the chilling effects of tort liability, limits on liability insurance, and moral concerns. Using data from the Independent Survey’s Giving and Volunteering surveys, we then identify a large and positive correlation between immunity and volunteering. We next consider the implications of the findings for tort theory and …

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw

Cardozo Journal of Equal Rights & Social Justice

The note argues that U.S. immigration laws, despite advancements made by the Violence Against Women Act (VAWA), continue to fail in providing equal protection and adequate relief to immigrant battered women. It highlights that these women face significant legal and non-legal barriers, including unequal treatment under VAWA, burdensome evidentiary requirements, and cultural and financial obstacles that prevent them from seeking help and escaping abusive relationships.

Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee

Articles

No abstract provided.

Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New York Law School Magazine, Vol. 29, No. 1, New York Law School

New York Law School Magazine

From the Bronx to Beverly Hills: Larry Field’s (’63) Climb to Real Estate Royalty

Features:

The Fate of Google’s Book Search Tool: Professor James Grimmelmann and Students Shape the Debate

Meet the 1Ls!: The Law School Welcomes the First Class to Start in the New Building

New York Law School Goes to Washington: Professor Seth D. Harris and Beth Simone Noveck Join Obama’s Team

Bulletin 2009-2010, Seattle University School Of Law

Viewbooks

No abstract provided.

Inadequacies Of The Humanitarian And Compassionate Procedure For Abused Immigrant Spouses, Heather Neufeld

Journal of Law and Social Policy

No abstract provided.

"But Only On A Question Of Law": Examining The Scope Of Appellate Review Of The Landlord And Tenant Board, Toby Young

Journal of Law and Social Policy

No abstract provided.

To Serve Some And Protect Fewer: The Toronto Police Services' Policy On Non-Status Victims And Witnesses Of Crimes, Abigail Deshman

Journal of Law and Social Policy

No abstract provided.

"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer

Journal of Law and Social Policy

Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as "democracies" and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court …

An Application Of Input-Output Analysis To Pollution, Paul Burkander

Senior Honors Theses and Projects

Using data on pollution emissions from over 20,000 facilities in the United States, we find most pollution is released by a small number of firms, and that there is no correlation between the amount of pollution released and socioeconomic indicators such as income. We apply Leontief’s method of input output analysis to determine pollution generated both by demand for final goods and inter-sector demand for intermediary goods. We find the sector that generated the most pollution in 2002, both in production of final goods and in use of intermediary goods, was primary nonferrous metal products. The analysis of several sectors, …

The Lawyer's Role In A Contemporary Democracy, Foreword, Bruce A. Green

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyers In Fragile Democracies And The Challenges Of Democratic Consolidation: The Nigerian Experience, Okechukwu Oko

Fordham Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, The Challenge Of Democratic Lawyering, Ascanio Piomelli

Fordham Law Review

No abstract provided.