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2009

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Mobile Echocardiography V. Dat : Reply Brief, Utah Court Of Appeals Jan 2009

Mobile Echocardiography V. Dat : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, Utah County, State of Utah Honorable Samuel D. McVey, Case No. 050401014


Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds Jan 2009

Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds

Hofstra Law Review

This paper looks at technological and economic changes affecting lawyers, and their effect on the competitiveness of large law firms. It explores methods of unbundling big law firm features, and providing similar services on a more ad hoc basis. In addition, it considers whether current legal education is properly preparing students for a world in which large law firms will be much less dominant. Based on a talk given at Hofstra Law School in March of 2009.


The Uniform Collaborative Law Act As A Teaching Tool, Harry L. Tindall, Jennie R. Smith Jan 2009

The Uniform Collaborative Law Act As A Teaching Tool, Harry L. Tindall, Jennie R. Smith

Hofstra Law Review

No abstract provided.


Another Model Of Low Income Housing Tax Credit Development: Building Housing And Building Capacity, Michael R. Diamond Jan 2009

Another Model Of Low Income Housing Tax Credit Development: Building Housing And Building Capacity, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This paper was first delivered at a conference on Affordable Housing and Pubic Private Partnerships at the University of Colorado Law School. It addresses the creation of community institutions able to acquire and wield power in the affordable housing realm. While this ability has generally been associat4ed with buildings purchased and operated by tenant groups, the paper suggests other affordable housing situations, particularly those developed under the Low Income Housing Tax Credit program, in which the accretion of power can occur. It proposes a model of tenant involvement in development and operation of affordable rental housing that can, in certain …


Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Michigan Law Review

This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …


Dean’S Message, Lawrence Raful Jan 2009

Dean’S Message, Lawrence Raful

Touro Law Review

No abstract provided.


When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki Jan 2009

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

UC Law Journal of Race and Economic Justice

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral. …


San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt Jan 2009

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

UC Law Journal of Race and Economic Justice

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language of …


Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw Jan 2009

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

School of Law Faculty Publications

Leaving behind a vibrant, effective pro bono program is a cherished legacy for any dean. Not only can such a program better the lives of our own students, but it also can harness their powerful minds, willing hearts, and many hands to serve the needs of our communities now and for years to come. If students hear about the importance of pro bono work and have easy access to pro bono opportunities during law school, they are more likely to get involved in public service after law school. As a result, the community and school benefit from their efforts, and …


Taken To The Cleaners: Panama's Financial Secrecy Laws Facilitate The Laundering Of Evaded U.S. Taxes, Bryan S. Arce Jan 2009

Taken To The Cleaners: Panama's Financial Secrecy Laws Facilitate The Laundering Of Evaded U.S. Taxes, Bryan S. Arce

Brooklyn Journal of International Law

No abstract provided.


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Jersey, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2009

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Jersey, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for New Jersey’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Connecticut, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2009

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Connecticut, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Connecticut’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz Jan 2009

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …


Ethics Review, Santa Clara Law Review Jan 2009

Ethics Review, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


The Spillikin (Vol. 26), Valparaiso University Jan 2009

The Spillikin (Vol. 26), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.


Survey: A Global Perspective On The Most Important Cases Affecting The Sports Industry, Hayden Opie Jan 2009

Survey: A Global Perspective On The Most Important Cases Affecting The Sports Industry, Hayden Opie

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


2009-2010 Bgsu Catalog, Bowling Green State University Jan 2009

2009-2010 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.


Tax Strategy Patents: Close Pandora's Box On Patenting Criminal Defense Strategies, Kathryn T. Ng Jan 2009

Tax Strategy Patents: Close Pandora's Box On Patenting Criminal Defense Strategies, Kathryn T. Ng

University of Dayton Law Review

No abstract provided.


His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin Jan 2009

His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin

Articles & Chapters

The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …


It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz Jan 2009

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …


Javins (A.K.A. Saunders) V. First National Realty Corporation, Richard H. Chused Jan 2009

Javins (A.K.A. Saunders) V. First National Realty Corporation, Richard H. Chused

Articles & Chapters

No abstract provided.


The Tax Treatment Of Cancelled Interest And Penalties On Consumer Debt, Richard C.E. Beck Jan 2009

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

Articles & Chapters

No abstract provided.


Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long Jan 2009

Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long

South Carolina Law Review

No abstract provided.


I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh Jan 2009

I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh

South Carolina Law Review

No abstract provided.


Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter Jan 2009

Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter

Cardozo Journal of Conflict Resolution

This article attempts to give an overview of the problem facing litigators in their increasingly global practice, as well as the steps that litigators can take to act in compliance with legal and ethical guidelines. Accordingly, this article is divided into two broad areas. First, this article will discuss what activities constitute the practice of law and which jurisdiction's law should govern, focusing on whether ADR practices constitute the practice of law. Second, if the litigator is engaged in the practice of law, this article considers what actions the litigator should take in order to comply with the applicable ethical …


Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein Jan 2009

Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein

Cardozo Journal of Conflict Resolution

The purpose of this Note is to show that, although the FCA has positively impacted U.S. military operations, the so-called "combat exclusion" severely hampers its effectiveness. Therefore, Congress should eliminate the distinction between combat and noncombat claims and adopt a unified, permanent claims system to adjudicate all claims made by civilians against U.S. military forces operating overseas. Part II of this Note explores the origins of the "combat exclusion" in international law, and Part III traces the history of civilian compensation through World War I and World War II. Part IV surveys U.S. military use of the FCA and ad …


Implications For Nursing Involvement In Health Care Reform: An International Comparison, Erin Mccuen Jan 2009

Implications For Nursing Involvement In Health Care Reform: An International Comparison, Erin Mccuen

Honors Theses

In this paper, a comparison of two countries' approaches to deliver healthcare services to their people and the practice of professional nursing will be presented. The report is based on a study abroad course where data were gathered about the two countries and included a ten day tour of Slovakia meeting many healthcare leaders and nursing students. A pictorial presentation of this report is attached (See Appendix) as evidence of the comparisons between the two health care systems. The United States of America and the Republic of Slovakia are two countries that have particularly interesting healthcare delivery and nursing practice …


Tributes To Dean Karen H. Rothenberg, Martin J. O'Malley, Benjamin L. Cardin, Robert M. Bell, Andre M. Davis Jan 2009

Tributes To Dean Karen H. Rothenberg, Martin J. O'Malley, Benjamin L. Cardin, Robert M. Bell, Andre M. Davis

Maryland Law Review

No abstract provided.


Teaching Transactional Skills In A Clinic, Robert Statchen, Serge Martinez Jan 2009

Teaching Transactional Skills In A Clinic, Robert Statchen, Serge Martinez

Faculty Scholarship

In May 2008, the Center for Transactional Law and Practice at Emory University School of Law held a conference entitled “Teaching Drafting and Transactional Skills—The Basics and Beyond.” This Article reflects the Authors’ discussion of teaching drafting and transactional skills to law students in the context of a law school clinic.


"Death Is Different" And A Refugee's Right To Counsel, John Mills, Kristen M. Echemendia, Stephen Yale-Loehr Jan 2009

"Death Is Different" And A Refugee's Right To Counsel, John Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Faculty Scholarship

No abstract provided.