Digital Commons Network^™

Concerning Modifications To The Disclosure Requirements Imposed On Physicians Under The "Michael Skolnik Medical Transparency Act", And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Pilot Program To Reduce The Dropout Rate Of Adolescent Students, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Continuation Of The State Board Of Chiropractic Examiners, And, In Connection Therewith, Increasing Insurance Requirements, Adjusting The Board's Disciplinary Authority, Authorizing Animal Chiropractic, And Modifying The Scope Of Practice, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Identifying Government Speech, Andy G. Olree

Connecticut Law Review

The U.S. Supreme Court has interpreted the Speech Clause of the First Amendment to mean that when the government distributes money or other resources to private speakers, it generally may not discriminate among speakers based on viewpoint. The government is, however, allowed to express its own viewpoint, even if it enlists the aid of private parties to get the message out, as long as the communication does not violate some separate legal restriction, such as the Establishment Clause. Together, these understandings form the core of what has become known as the “government speech doctrine.” This doctrine signals that distinguishing between …

The Inapplicability Of The Notice-Prejudice Rule To Pure Claims-Made Insurance Policies Note, Jeffrey P. Griffin

Connecticut Law Review

The claims-made insurance policy has become the dominant form of liability insurance, overtaking the once-popular occurrence policy. Due in part to an easily identifiable coverage trigger and affordable premiums, the benefits of a claims-made insurance policy are enjoyed by both the insured and the insurer. A unique type of claims-made policy—the pure claims-made policy—developed to protect an insured against claims made during the policy period or soon thereafter, ensuring that coverage is provided if a claim is made during the final hours of an insured’s policy period even if it is reported after the expiration of the policy. As claims-made …

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …

Recent Developments: Grady V. Brown: The Boulevard Rule Requires A Jury Determination Of Whether An Unfavored Driver Effectively Yielded The Right-Of-Way, And Therefore, Does Not Mandate That An Unfavored Driver Is Negligent As A Matter Of Law, Stephen Cornelius

University of Baltimore Law Forum

No abstract provided.

In Brief

In Brief

Table of Contents:

• From the Dean's Desk (Robert H. Rawson, Jr.)
• Masthead
• We, the Paparazzi: Privacy in the Facebook Generation
• Clinical Education Gives Everyone a Voice
• Revolutionizing the Way We Teach Law Students
• Memo to the New President: End the Separation of Corporate Ownership and Control
• Ashcroft v. Iqbal
• Profile (Henry King)
• News
• Prosecuting War Lord and Khmer Rouge Leaders
• Helping Minority Students Become Lawyers
• Faculty Briefs
• Rebuilding New Orleans
• Alumni Spotlight Fred Weisman ADL '48, LAW '51
• Retirement Savings -- Is There Another Way?
• Alumni Events
• Class Notes
• In Memoriam the Legacy of Emeritus Law Professor Oliver C. Schroeder, …

Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy

Scholarly Articles

This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …

Bankruptcy Law Dilemma: Appraisal Of Corporate Value And Its Distribution In Corporate Reorganization Proceedings, Jongho Kim

Northwestern Journal of International Law & Business

This article will analyze issues arising in reorganization proceedings with which the bankruptcy court has not yet grappled. If the questions arising in the remainder of this article can be clearly answered, then to a certain extent numerous arguments about Chapter 11 can be settled. This article will also analyze both Korean and U.S. bankruptcy law and will maintain a comparative approach with a critical perspective. Though Korean bankruptcy law indirectly adopted11 that of the United States in 1962, the actual application and interpretation of Korean bankruptcy law is quite different and I will accurately compare and contrast the two …

Ngo Update, Lindsey Randall

Human Rights Brief

No abstract provided.

Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi

Human Rights Brief

No abstract provided.

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention: Follow-Up Procedures , Felice Gaer

Human Rights Brief

No abstract provided.

Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem

Human Rights Brief

No abstract provided.

The Uniform Collaborative Law Act's Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process, John M. Lande, Forrest Steven Mosten

Faculty Publications

This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This …

Sixty Years On: The International Human Rights Movement Today, Penny Andrews

Maryland Journal of International Law

No abstract provided.

Africa, Adejoke Babington-Ashaye, Ibrahim Sajalieu Bah, David M. Bamlango, Michael A. Becker, Mark J. Calaguas, Tiago Cruz, April Faith Shaw, Ricardo Silver, Mary Deutsch Schneider, Lori J. Williams

The International Lawyer

No abstract provided.

The Status Of Part-Time Evening Programs?: Transcript Of Proceedings, Katherine S, Broderick

Journal Articles

No abstract provided.

Law And Learning In An Era Of Globalization, Harry W. Arthurs

Comparative Research in Law & Political Economy

This paper explores the ways in which globalization, as a dominant influence on political economy, makes its presence felt on legal education and research. In particular, it questions whether law schools have maintained agency in the choice to embrace globalization in their curricula, scholarship and general orientation or whether law schools have been forced to bend to the realities of the global economy. While neo-liberal “globalization of the mind” has shifted assumptions about the project of law and entrenched a “new normal” in legal education and scholarship, the McGill curriculum – based on so-called transsystemic legal education – offers the …

Brazilian Legal Education: Curricular Reform That Goes Further Without Going Beyond, Roberto Fragale Filho

Comparative Research in Law & Political Economy

Brazilian legal education is engaged since 1994 in a long and inconclusive process of curriculum reform in which the Brazilian Bar Association (Ordem dos Advogados do Brasil) has been one of its greatest players. The transformations undertaken in legal education in the last two decades, were buoyed by three things: (a) the redemocratization of the country, completed in 1988 with the promulgation of the new Constitution, (b) the expansion of higher education, which resulted in a amount of more than half of a million law students, and (c) the protection of interests of the lawyers’ corporation, even though it has …

Global Anti‐Corruption Regimes: Why Law Schools May Want To Take A Multi‐Jurisdiction Approach, D. Alison Von Rosenvinge

Comparative Research in Law & Political Economy

The legal fight against bribery and corruption has evolved from the solitary effort of the United States with its Foreign Corrupt Practices Act (FCPA) to a global legal endeavor. Corporations are frequently engaged in transnational deals that require them to understand their obligations under a web of anti-corruption regulations with penalties ranging from fines in the tens of millions of dollars to life imprisonment. Although the market for legal services has changed to match client needs, the curriculum at most U.S. law schools has not. This paper explores the relationship between transnational business and legal services and legal education in …

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

Comparative Research in Law & Political Economy

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 something of a tradition of clinics, though stunted). …

The Five Lessons I Learned Through Clinical Education, Nadia Chiesa

Comparative Research in Law & Political Economy

Legal education has long been criticized for failing to prepare students for the realities of the practice of law. This article explores how clinical legal education programmes, offered at many Canadian law schools, may respond to this criticism and provide an alternative to traditional legal education. Through a reflection on the experience of working as a student at a community legal aid clinic, the author offers a student's perspective on the challenges and rewards of pursuing this type of legal education and discusses how clinical legal education may better equip law students for their future career.

Voluntary Dismissal In Ohio: A Tale Of An Ancient Procedure In A Modern World, S. Ben Barnes

Cleveland State Law Review

This Note will demonstrate that a modified Federal Rule is the best rule for voluntary dismissal. First, this Note will survey the history of voluntary dismissal and the progression from the common law in England to the current Federal Rule. Second, this Note will discuss the abuses of the rule in Ohio and the need for change. Third, this Note will dissect the Ohio Rule and compare it alongside the Federal Rule. Fourth, this Note will examine possible alternatives. Finally, this Note will propose why a modification of the Federal Rule is the most practical answer to the abuses of …

Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz

Journal of Health Care Law and Policy

No abstract provided.

Why Punctuation Matters; Part One, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sit Down And Count The Cost: A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

Section 501(c)(3) of the Internal Revenue Code prohibits charities from intervening in a political campaign for or against a candidate for public office. The IRS currently interprets the campaign-intervention ban to absolutely prevent charities from communicating their views on candidates, even if such communications are completely financed by non-501(c)(3) affiliates.

This article argues that the current IRS enforcement paradigm is unconstitutional because it exceeds the government interest in preventing tax-deductible donations to be used for campaign-intervention. A constitutional interpretation exists under the current statutory framework, but it would require the IRS to shift its focus exclusively to campaign-intervention-related expenditures. The …

It Down And Count The Cost:" A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

Section 501(c)(3) of the Internal Revenue Code (Code) prohibits charities from intervening in a political campaign for or against a candidate for public office. The Internal Revenue Service (Service) currently interprets the campaign-intervention ban to absolutely prevent charities from communicating their views on candidates, even if such communications are completely financed by non-501 (c) (3) affiliates. This article argues that the current Service enforcement paradigm is unconstitutional because it exceeds the government interest in preventing tax-deductible donations to be used for campaign- intervention. A constitutional interpretation exists under the current statutory framework, but it would require the Service to shift …

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.

Educating Problem Solving Lawyers For Our Profession And Communities, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.