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2009

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Institution
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Articles 1111 - 1131 of 1131

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Osgoode Syllabus Of Courses And Seminars: 2009 - 2010, Office Of Student Services Jan 2009

Osgoode Syllabus Of Courses And Seminars: 2009 - 2010, Office Of Student Services

Syllabi

No abstract provided.

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Challenges And Opportunities For New Lawyers, David Nersessian, Maureen A. O'Rourke Jan 2009

Challenges And Opportunities For New Lawyers, David Nersessian, Maureen A. O'Rourke

Faculty Scholarship

These are challenging times to be a lawyer. They may even be transformational times. Recent upheavals in financial, industrial and real estate markets have many lawyers (and clients) not only cutting back, but also fundamentally re-thinking their business models and the ways in which legal services are provided. Until very recently, hardly a day passed without news of law firm layoffs, deferred start dates, or canceled summer programs. In-house lawyers face substantial budget cuts at the very time their departments must navigate a broader range of legal and organizational challenges. And many government and public interest employers are dealing with …

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Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso Jan 2009

Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso

American University Law Review

This Comment argues that, based on the Prison Litigation Reform Act (PLRA)’s purpose and legislative history, prisoners who fulfilled the statute’s payment obligations while incarcerated should be entitled to apply for traditional in forma pauperis (IFP) status under § 1915(a)(1) upon release. Part I traces the historical development of prisoners’ right of access to the courts and its ties to the IFP doctrine. It then examines the PLRA’s many amendments to the federal IFP statute. Part II explains the divergent readings that circuit courts currently apply to § 1915(b). After analyzing the statute’s plain language and legislative history, Part III …

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Privatizing Trademarks, Irina D. Manta Jan 2009

Privatizing Trademarks, Irina D. Manta

Hofstra Law Faculty Scholarship

While trademarks promote a competitive and productive marketplace, the Patent and Trademark Office runs the current system of trademark registration as a monopoly of questionable productivity. Delays in obtaining trademark registrations result in a risk to applicants of investing substantial sums into ultimately unregisterable marks. This Article proposes a system of privatized trademark registration as a solution, with features including: multiple entities serving as registrars; an optional expedited process; and quality-control mechanisms. To explore the viability of trademark privatization, the Article relies on the theoretical privatization literature and practical examples in which government exclusivity has been removed from intellectual-property (and …

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Employee Personal Wellness Programs: Benefits And Barriers To Participation, Amanda Bakeris Jan 2009

Employee Personal Wellness Programs: Benefits And Barriers To Participation, Amanda Bakeris

Dissertations and Theses @ UNI

This research study uses the health belief model as a theoretical framework for investigating employees' perceived costs and benefits to participation in a utility company's personal wellness program. A questionnaire was administered to the employees of the company gauging their current use of the program, as well as costs and benefits they perceive to affect participation. The barrier dimensions investigated were time-effort, social, physical effects, and specific obstacles. The benefit dimensions investigated were social, psychological, body image, and health. Based on the descriptive statistics and regression analysis, it was concluded that the benefits significantly related to participation, biometric participation, satisfaction, …

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West Bloomington Neighborhood Plan: Roots. Pride. Vision., Teska Associates Jan 2009

West Bloomington Neighborhood Plan: Roots. Pride. Vision., Teska Associates

Projects

Our neighborhoods, Olde Towne and Gridley, Allin and Prickett (GAP), are long-established areas of Bloomington located directly west of downtown along Market Street. Our area is home to historic housing and long-standing churches, social service agencies and small businesses. In 2007, community and business organizations representing the public, private and nonprofit sectors started discussing the challenges confronting GAP and Olde Towne and the steps that could be taken to revitalize our community. This area was chosen as a target of study for a variety of reasons. First, the City’s Comprehensive Plan identified the Westside as an area of concern and …

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Law School And The Making Of The Student Into A Lawyer: Transformation Of First Year Law Students In The National University Of Singapore, Seow Hon Tan Jan 2009

Law School And The Making Of The Student Into A Lawyer: Transformation Of First Year Law Students In The National University Of Singapore, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This paper examines the impact of legal education and law school on the student's moral development and conception of professional identity, through an empirical study of first year law students of the Class of 2010 at the National University of Singapore. The project aims to increase consciousness of how law school remakes students and develops the moral and professional identity of future lawyers, and to facilitate a dialogue that reshapes legal education to achieve its aims. Given that legal education in Singapore is similar to that in other law schools in common law jurisdictions, the analysis is, with allowances for …

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Choice Of Law For Professional Responsibility Issues In Aggregate Litigation, Nancy J. Moore Jan 2009

Choice Of Law For Professional Responsibility Issues In Aggregate Litigation, Nancy J. Moore

Faculty Scholarship

As the rest of the papers in this symposium issue demonstrate, aggregate litigationi raises difficult, often intractable choice-of-law issues for judges, as well as for litigants and their lawyers. Typically, judges must choose among rules governing not only substantive law, but also statutes of limitations, allocation of damages, and punitive damages. 2 What is less well-recognized is that aggregate litigation may also present difficult choice-of-law issues regarding the ethical conduct of the lawyers involved in these cases. So far, these issues have barely surfaced, not because professional responsibility questions have not been raised with respect to aggregate litigation, but rather …

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Supporting Attorney’S Personal Skills, Marjorie A. Silver Jan 2009

Supporting Attorney’S Personal Skills, Marjorie A. Silver

Scholarly Works

No abstract provided.

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A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo Jan 2009

A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo

Faculty Scholarship

This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …

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Introduction To Lawyers In Canadian History, W. Wesley Pue Jan 2009

Introduction To Lawyers In Canadian History, W. Wesley Pue

All Faculty Publications

This paper "frames" the study of lawyers in Canadian history against major interpretations of the legal profession and legal professionalism including the historical self-understandings of organized legal professions in the common law world, market-control theorists, institutional, and cultural history approaches. The article serves as the introduction to a new book on The Promise And Perils Of Law: Lawyers In Canadian History, which includes essays on the history of legal education, the practice of law, Quebec's legal distinctiveness, constitutionalism and the rule of law, and issues in race, gender, and diversity.

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Cowboy Jurists & The Making Of Legal Professionalism, W. Wesley Pue Jan 2009

Cowboy Jurists & The Making Of Legal Professionalism, W. Wesley Pue

All Faculty Publications

This paper identifies the origins of modern Canadian legal professionalism in the prairie west during the early twentieth century, arguing for the importance of human agency and emphasizing contingency where others assert trans-historical processes. Lawyers combined agendas which were explicitly moral and reforming with a profound restructuring of their profession. Their efforts to reform the curriculum of formal legal education was part of a cultural project, but so too was their desire to attain self-regulation, monopoly, professional independence, and plenary disciplinary powers. The substantive findings documented here direct our attention to questions of cultural agency and structural revolution that are …

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Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft Jan 2009

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

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Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman Jan 2009

Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

This article uses a social welfare approach to determine if and when the institution of constitutional judicial review of property regulation and expropriation is efficient. A model is proposed in which property rights protection is a component of social costs. Constitutional judicial review is assumed to either add to or subtract on net from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, that constitutional judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the …

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Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce Jan 2009

Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce

Scholarly Works

This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human rights …

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The Electronic Lawyer, Richard L. Marcus Jan 2009

The Electronic Lawyer, Richard L. Marcus

Faculty Scholarship

No abstract provided.

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100 Years Strong: Southern Minnesota Regional Legal Services And The On-Going Pursuit For Equal Rights And Equal Justice, Tom I. Romero Ii, Bruce A. Beneke Jan 2009

100 Years Strong: Southern Minnesota Regional Legal Services And The On-Going Pursuit For Equal Rights And Equal Justice, Tom I. Romero Ii, Bruce A. Beneke

Scholarly Works

No abstract provided.

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Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard, Jr. Jan 2009

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

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Lobbying And Litigating Against "Legal Bootleggers"- The Role Of The Organized Bar In The Expansion Of The Courts' Inherent Powers In The Early Twentieth Century, Laurel A. Rigertas Jan 2009

Lobbying And Litigating Against "Legal Bootleggers"- The Role Of The Organized Bar In The Expansion Of The Courts' Inherent Powers In The Early Twentieth Century, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

This article suggests that the state judicial branches in the 1930’s and 1940’s may have overreached by holding that state legislatures did not have the constitutional power to define the practice of law. These holdings arose from the efforts of the organized bar, which may have been more motivated by fears of competing lobbying groups than by legitimate constitutional constraints on the legislatures' power. This development put the legal profession on a trajectory that may not ultimately be in the best interest of consumers of legal services. Part I is a brief overview of the early development of the separation …

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The Challenge Of Democratic Lawyering, Ascanio Piomelli Jan 2009

The Challenge Of Democratic Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

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National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich Jan 2009

National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich

All Faculty Scholarship

This article discusses the National Housing Trust Fund, created as part of the Housing and Economic Recovery Act of 2008 (HERA). The Housing Trust Fun represents a new federal housing development policy. The Fund is designed to serve the approximately 18.5 million households who make less than $30,000 per year, roughly half the national median income in 2005. After a review of the housing affordability concerns of extremely low-income households (annual income 30% or less than area median income) and the impact the subprime mortgage foreclosure has had on such households, the article summarizes HERA's regulatory reform and foreclosure relief …

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