Digital Commons Network^™

Foreword: Poverty Law Issue, Ann Juergens

Faculty Scholarship

This Poverty Law Issue provides testimony as to why and how the legal profession, the government, and society can better provide justice for people of small means. Overall, this Poverty Law Issue contributes to understanding how we may ensure that the difficulty of poverty borne by our fellow citizens does not become compounded by injustice. For when justice is compromised for one group, its integrity as a whole may rightly be questioned.

2009-11-12 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.

2009-05-27 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.

2009-02-03 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 Aaml's Revised Standards For The Representation Of Children In Custody And Visitation Proceedings: The Reporter's Perspective, Martin Guggenheim

Faculty Articles

This article describes the Standards for the Representation of Children in Custody and Visitation proceedings recently promulgated by the American Academy of Matrimonial Lawyers. It also seeks to bring to life the remarkable politics of children’s representation, which came to a boil in recent years. In addition to describing the AAML Standards, the article also describes two other recent efforts to define the role of a child's lawyer, one by the Uniform Law Commission and the other by the American Bar Association and then tells the story of why both of those efforts ultimately failed to garner significant support in …

The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1776, Wiiliam E. Nelson

Faculty Articles

In March 1663, Charles II granted a charter making a group of eight highly placed confidants proprietors of a new colony encompassing what is now most of North Carolina, South Carolina, and Georgia. Virginians had already begun settling the northeast corner of the new colony along the Albemarle Sound, and the proprietors immediately directed one of their number, Sir William Berkeley, who was also governor of Virginia, to establish a government for them. Over the remainder of the 1660s, however, two efforts to establish settlements further to the south, one by New Englanders and one by colonists from Barbados, failed. …

Salt Equalizer, Vol. 2009, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Deborah Waire Post & Margaret Martin Barry, Co-Presidents’ Column, at 1.

Hazel Weiser, Executive Director’s Column, at 1.

Camille Nelson, January 2010 Cover Workshop at the AALS Annual Meeting: “In the Public Interest: Exploring Legacy of Robert Cover as Professor, Activist, and Scholar,” at 4.

SALT at the AALS in January, at 4.

Hazel Weiser, “Sowing the Seeds of Justice:” Sneak Preview Saturday, January 9, in NOLA, at 5.

Ruben Garcia, 2010 SALT Annual Dinner Promises to Be a Jazzy Affair, at 5.

Hazel Weiser, SALT Board of Governors Welcomes New and …

Saying Yes!, Amy Speach

Syracuse University Magazine

No abstract provided.

The Changing Shape Of Legal Information, David H. Michels, Mark Lewis

Articles, Book Chapters, & Popular Press

As IT, Reference and Instruction librarians, we have experienced significant changes to the shape of legal information over the past five years. The changes are to both the very nature of legal information and how we perceive it. This can be illustrated by our use of the phrase "legal information". Depending on your age and life situation, the words "legal information" will have created specific images in your mind. These changes in perception challenge how we develop our programs of legal research instruction.

Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …

The Comparative Law And Economics Of Judicial Councils, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

In recent decades, many countries around the world have institutionalized judicial councils, institutions designed to enhance judicial independence and accountability. Our paper, the first comparative inquiry into this phenomenon, has two aims. First, we provide an economic theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we discuss the national experience of several legal systems in light of our theory.

Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin

Articles, Book Chapters, & Popular Press

The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …

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 …

Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers

Articles

In the early 1950s, the typical graduate of Michigan Law began his career working as an associate in a law firm with four other lawyers and earned about $5,000 in his first year. Surprising to us today, in his new job he would have earned slightly less than other classmates whose first jobs were in government. Fifty years later, in the early 2000s, the typical graduate still started out as an associate in a law firm, but the firm she worked for had more than 400 lawyers. She earned about $114,000 in her first year, about three times as much …

Global Cities And The Governance Of Climate Change: What Is The Role Of Law In Cities?, Heike Schroeder, Harriet Bulkeley

Fordham Urban Law Journal

This Article examines how global cities are governing climate change. Part I of this Article provides an overview of the national and international contexts of urban climate governance focusing on the United Kingdom and the United States. Parts II and III analyze London and Los Angeles, respectively, as examples of global cities. They provide a thorough examination of climate change policies and actions in these two cities, based on approximately thirty in-depth interviews with government, business and civil society representatives during 2007-08, as well as official documents and grey literature. Part IV then examines the modes of governance to understand …

Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode

Fordham Urban Law Journal

If public interest litigation has not always delivered all that we desire, it has surely provided no lack of experience. Our challenge now is to integrate these lessons from practice with insights from allied disciplines. Taken together, they remind us of the need to coordinate litigation with broader mobilizing efforts, to think strategically about effectiveness, and to create adequate systems of evaluation and accountability.

Public Rights, Global Perspectives, And Common Law, Martha F. Davis

Fordham Urban Law Journal

This Article sets out the case that common law adjudication involving such claims as contractual breaches, wrongful termination, and tort can be, and often are, public rights litigation. Many common law decisions have significant impacts in the community, and—because of the nature of precedent—become quickly embedded in the law where they contribute to the outcomes of future cases as well. Common law cases are a particularly important aspect of public rights litigation because of the paucity of constitutional protections for economic and social rights. In the absence of constitutional protections for such rights, rigorous enforcement of common law claims addressing …

Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner

Fordham Urban Law Journal

A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …

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

Articles & Book Chapters

No abstract provided.

Cultural Culprits, Michelle Mckinley

Studio for Law and Culture

This paper draws from a longer Article that examines questions of agency, victimization, and cultural essentialism in U.S. asylum adjudication and cultural defense cases specifically, and in international human rights law more broadly. I explore the adjudication of FGC asylum claims based on cultural persecution” that encode a racialized view of culture. I describe the historical trajectory of contemporary FGC claims through a detailed analysis of colonial anti-excision campaigns. I compare early 19th century anti-excision campaigns with contemporary maternal imperialism, as international law, UN agencies, and international financial institutions became more responsive to feminist concerns about eradicating FGC. Throughout the …

2009-2010, Benjamin N. Cardozo School Of Law

Student Handbooks

Official handbook outlining academic policies, student services, and campus resources for Cardozo Law students.

Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

In 1989, Tom Stoddard and Paula Ettelbrick, attorneys with the gay rights group Lambda Legal, published side-by-side opposing essays about whether marriage for same-sex couples should be a movement priority. Rutgers Law Review is publishing a 2009 symposium commemorating the 20th anniversary of these now-iconic essays. This article is part of that symposium. It places the Ettelbrick essay, and the groundbreaking case of Braschi v. Stahl Associates decided the same year, in the context of the gay rights movement's strong support of family diversity. It then critiques the contemporary right-wing marriage movement for blaming all social problems on family diversity/aka …

Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Gender And Professionalism In Law: The Challenge Of (Women’S) Biography, Mary Jane Mossman

Articles & Book Chapters

This paper explores the story of a woman who "created" her life in the law in the late nineteenth and early twentieth centuries. Although now almost unknown, Cornelia Sorabji achieved prominence as a woman pioneer in the legal profession, who provided legal services to women clients in northern India, the Purdahnashins. Sorabji’s experiences as a woman in law were often similar to the stories of other first women lawyers in a number of different jurisdictions at the end of the nineteenth century: all of these women had to overcome gender barriers to gain admission to the legal professions, and they …

Exploring The Potential Of Aging Network Services To Improve Depression Care, Leslie Hasche

All Theses and Dissertations (ETDs)

Depression is a prevalent, debilitating yet treatable psychiatric disorder affecting older adults. Older adults underutilize specialty mental health care, persistently receive poor quality care in primary care settings, and have high rates of non-adherence to pharmacotherapy. Aging network services, such as adult day services, homecare services, senior centers, and supportive housing may be able to improve the quality of depression care. However, it is unknown how current models of empirically supported depression care are used within or could be adopted by aging network services. Thus, this study described the organizational factors, staff factors, and current agency practices regarding depression among …

Pregnancy Discrimination And Social Change: Evolving Consciousness About A Worker's Right To Job-Protected, Paid Leave, Patricia Shiu, Stephanie Wildman

Faculty Publications

This Article examines the change over the past few decades in U.S. law and societal attitudes concerning a worker's right to job-protected, paid leave. Though common around the world, job-protected, paid leave eludes the U.S. workforce. The authors begin by considering the concept of work, its relation to identity, and the construction of safety nets for workers when they need income replacement. The Article considers the movement to establish job-protected, paid leave that encompasses and values a worker's work, family, and personal life.

The modern movement originated with pregnant workers' need for time away from work during pregnancy. Women who …

Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw

Faculty Publications

No abstract provided.

Bioscience And Economic Development: The Grand Rapids ‘Medical Mile’, Emily Vander Woude

SPNA Review

Michigan Street hill in Grand Rapids, Michigan has been dubbed the ‘Medical Mile’ because of the recent developments related to medical research and health care at this location. The impact of this growth is sure to change the face of Grand Rapids, but it is not clear how it will impact the economic situation there. Many other cities around the country and around the globe are putting investment into the bioscience, biotechnology, or life sciences sectoral strategy hoping that it will have a profound effect on their economic vitality. In this paper, I explore theoretical and practical perspectives on the …

The Second Wave Of Comparative Law And Economics?, Ralf Michaels

Faculty Scholarship

Comment on a text by Gillian Hadfield, The Levers of Legal Design: Institutional Determinants of the Quality of Law, 36 Journal of Comparative Economics 43 (2008)

Political Parties In China’S Judiciary, Jonathan K. Ocko, Zhu Suli

Faculty Scholarship

Professor Suli delivered the Fifth Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2006 and this article is based on his remarks, with a foreword by Jonathan Ocko. The article is included in the inaugural volume of CICLOPs thatcollects the first six Bernstein lectures. In responding to Sending Law to the Countryside, Professor Frank Upham levied a number of criticisms against Professor Zhu Suli’s book. Of particular importance was Upham’s criticism concerning a lack of attention to the role of politics and political power in the Chinese legal system. Suli finds this criticism to be extremely important because …