Digital Commons Network^™

Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy

Missouri Law Review

This Article is divided into three substantive parts. First, I begin with a short discussion of the most important criminal justice right guaranteed to each of us under the Bill of Rights - the Sixth Amendment right to assistance of counsel. For most Americans, the right to counsel is obtained through indigent defense providers, and the quality of the representation is inextricably tied to three lesser known rights, or perhaps wishes, found in the Public Defender Bill of Rights: "[t]he right to meaningful, weighted caseload standards"; "[t]he right to judges who understand my [the public defender's] role in the [justice] …

Litigating The Ghost Of Gideon In Florida: Separation Of Powers As A Tool To Achieve Indigent Defense Reform, Wayne A. Logan

Missouri Law Review

In this Article, I will discuss the Miami-Dade "excessive caseload" litigation, which continues to unfold in Florida's appellate courts. In doing so, I will offer some thoughts on the separation of powers implications of the aforementioned statute, which, other than a similar provision adopted in Coloradol7 that has gone unchallenged, stands alone in the nation.

The War Of Art, Not The Art Of War: Von Saher V. Norton Simon Museum Of Art At Pasadena And The Continuing Fight To Retrieve Nazi-Looted Art In California, Tsolik Kazandjian

Loyola of Los Angeles Law Review

No abstract provided.

Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean D. O'Brien

Missouri Law Review

Though this Article criticizes the quality of defense provided by overburdened defenders, it is written with the hope that adequate resources may one day make it possible for them to perform their vital function effectively. Public defenders perform socially and legally significant work every day. They are not to blame when the conditions under which they labor make it impossible to do their jobs. To fix this broken system, Missouri must first understand the scope and roots of the problem. Part II of this Article discusses Missouri's reluctant implementation of right to counsel since Gideon v. Wainwright and the State's …

Epiphenomenal Indigent Defense, Darryl K. Brown

Missouri Law Review

There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently see them coming nor explain them after the fact in consistent detail. Another example is crime rates, which rise, and in recent decades fall, without any discernable strong causal link to familiar variables such as employment or imprisonment rates. This Article describes why we can add state funding for indigent defense counsel to that list and what this conclusion means for …

Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

We report on a comprehensive database of 18 years of available opinions (1993–2008, inclusive) on settlements in class action and shareholder derivative cases in state and federal courts. An earlier study, covering 1993–2002, revealed a remarkable relationship between attorney fees and class recovery size: regardless of the methodology for calculating fees ostensibly employed by the courts, the class recovery size was the overwhelmingly important determinant of the fee. The present study, which nearly doubles the number of cases in the database, confirms that relationship. Fees display the same relationship to class recoveries in both data sets and neither fees nor …

From The Field, Sienna Baskin, Thaddeus Blanchette, Gregory Mitchell, Jayne Swift

Wagadu: A Journal of Transnational Women's & Gender Studies

These short pieces, written by individuals engaged in sex work-related activism and scholarship, are intended to provide a snapshot of ongoing social justice efforts regarding this highly politicized issue. In the following commentaries, Sienna Baskin documents U.S. efforts to provide legal aid to sex workers and victim-survivors of sex trafficking, Thaddeus Blanchette describes a Brazilian prostitute’s campaign for a seat in Congress, Megan Morgenson speaks to the need to incorporate sex workers’ perspectives into anti-trafficking initiatives, Sarah Jenny Bleviss documents new mobile phone technology designed to help U.S. sex workers navigate the risks they face working in a criminalized profession, …

Pro Bono Collaborative E-Newsletter (No. 6) (June 2010), Roger Williams University School Of Law

Pro Bono Collaborative Newsletter

No abstract provided.

Do Class Action Lawyers Make Too Little?, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

Class action lawyers are some of the most frequently derided players in our system of civil litigation. It is often asserted that class action lawyers take too much from class judgments as fees, that class actions are little more than a device for the lawyers to enrich themselves at the expense of the class. In this Article, I argue that some of this criticism of class action lawyers is misguided. In particular, I perform a normative examination of fee percentages in class action litigation using the social-welfarist utilitarian account of litigation known as deterrence-insurance theory. I argue that in perhaps …

Deafdigest: Gold Edition, May 30, 2010, Barry Strassler

DeafDigest Gold 2010

No abstract provided.

May 29, 2010 (Pages 2731-2924), Pennsylvania Legislative Reference Bureau

Volume 40 (2010)

No abstract provided.

2010 Commencement Address: Mark Shriver '86, Mark Shriver

Commencement Addresses

Mark Shriver ’86, vice president and managing director of Save the Children, will receive an honorary degree from the College of the Holy Cross and address this year’s graduates during the College’s Commencement ceremonies on Friday, May 28 at 10:30 a.m. on the campus.

Shriver manages U.S. programs for the international organization Save the Children. In the U.S., Save the Children works in rural communities in Appalachia, the Southeast, the Mississippi River Delta, the Gulf Coast, the Southwest and California’s Central Valley, providing early childhood development, literacy, physical activity, and nutrition programming as well as emergency relief.

A history …

Allied Bail Bonds V. County Of Kootenai Augmentation Record Dckt. 36861

Idaho Supreme Court Records & Briefs, All

No abstract provided.

May 22, 2010 (Pages 2627-2730), Pennsylvania Legislative Reference Bureau

Volume 40 (2010)

No abstract provided.

Advocatus, Et Non Latro? Testing The Supplier-Induced-Demand Hypothesis For Italian, Paolo Buonanno, Matteo M. Galizzi

Fondazione Eni Enrico Mattei Working Papers

We explore the relationship between litigation rates and the number of lawyers, in a typical supplier-induced demand (SID) frame. Drawing on an original panel dataset for the 169 Italian courts of justice between 2000 and 2007, we first document that the number of lawyers is positively correlated with different measures of litigation rate. Then, using an instrumental variables strategy we find that a 10 percent increase of lawyers over population is associated with an increase between 1.6 to 6 percent in civil litigation rates. Thus, our empirical analysis supports the SID hypothesis for the Italian lawyers: following an increase in …

Thomas Eddy V. Thomas Corbett, Jr.

2010 Decisions

USDC for the Western District of Pennsylvania

Deafdigest: Blue Edition, May 16, 2010, Barry Strassler

DeafDigest Blue 2010

No abstract provided.

Uc Hastings College Of The Law Commencement Exercises Class Of 2010, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

Mcgeorge School Of Law Commencement, University Of The Pacific

Commencement Programs

No abstract provided.

Market Reaction To The Class Action Fairness Act Of 2005, Shael Nathan Wolfson

LSU New Orleans Theses and Dissertations

The Class Action Fairness Act of 2005 (CAFA) was signed into law on February 18, 2005. Prior to CAFA, plaintiffs found it easier for class action lawsuits to be tried in their preferred venue—state courts. Changes introduced by CAFA practically removed the majority of class action jurisdiction from state to federal courts. Since law and regulation might serve as an external corporate governance mechanism, an interesting question is whether CAFA has strengthened or weakened corporate governance. If CAFA improves corporate governance, associated marginal benefits would outweigh marginal costs. The opposite would be true if CAFA weakens corporate governance. This issue …

Nightengale V. Timmel Clerk's Record V. 2 Dckt. 37226

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Taxing Structured Settlements, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt from the tax the investment yield imbedded within the structured settlement. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. While the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs’ lawyers and non-physically injured tort plaintiffs under general, common-law tax principles. …

The Impact Of The State-Federal Vocational Rehabilitation Program On Quality Of Life, Vanessa Rakestraw

Theses and Dissertations

This study utilizes the Longitudinal Study of the Vocational Rehabilitation Program to examine the impact of state-federal vocational rehabilitation services on the quality of life of consumers. The theory that guides this study is an amalgam of theories of Allardt, Halpern, Campbell, and Cummins which indicate that quality of life is made up of various domains which parallel Maslow’s Hierarchy of Needs. The study followed the theory that improvement in the individual domains of life would improve its overall quality. The domains of physical functioning, self-esteem, community integration and productivity were assessed prior to and after the receipt of vocational …

Deafdigest: Blue Edition, May 9, 2010, Barry Strassler

DeafDigest Blue 2010

No abstract provided.

Medical-Legal Partnerships: Addressing The Unmet Legal Needs Of Health Center Patients, Peter Shin, Fraser Rothenberg Byrne, Emily Jones, Joel B. Teitelbaum, Lee Repasch, Sara J. Rosenbaum

Geiger Gibson/RCHN Community Health Foundation Research Collaborative

Medical-legal partnerships (MLPs), now available at over 180 hospitals and health centers across 38 states, are an important option for addressing the legal needs affecting low-income and vulnerable patients, and thereby improving their overall health. We estimate that each year, anywhere between 50 and 85 percent of health centers users - or between ten and 17 million people - experience unmet legal needs, many of which negatively impact their health. In a medical-legal partnership, health care staff at hospitals, clinics, and other sites are trained to screen for health-related legal issues, refer the patient to an affiliated lawyer or legal …

Deafdigest: Blue Edition, May 2, 2010, Barry Strassler

DeafDigest Blue 2010

No abstract provided.

Advocacy Group Activity In The New Media Environment, David Karpf

2010

This paper presents an analysis of early data from the newly-launched Membership Communications Project (MCP). The MCP is a data-aggregation effort concerned with tracking the email practices of progressive advocacy organizations in American politics. Based on 2.5 months of data collection across 70 organizations (998 messages in total), the goal of the paper is twofold. First, the paper establishes the purpose behind and construction of the MCP dataset, offering an “annotated user’s manual” of sorts for interested members of the research community. Data collection will continue for at least six months, and the dataset is freely available to other researchers. …

Special Education Law: Resources To Help You Advocate For Your Special Education Child, Laurice Rutledge

Law Library Student-Authored Works

No abstract provided.

Staffing And Administrative Capacity Of Metropolitan Planning Organizations, Alexander Bond, Jeff Kramer, Karen E. Seggerman

Transportation Planning, Policy, and Processes (TP3) Final Reports

No abstract provided.

Making Rhetorical Scents: An Olfactory Grammar Of Motives Based On Kenneth Burke's Pentad, Janet Miller

All Theses

Scent is inherently persuasive, but the language of scent is largely missing from rhetoric's vocabulary. This is because language cannot express the 'truth' of an odor. Identification of odor as substance is dependent on consubstantiality between the author and reader. We instead describe smells using metaphorical language, or by invoking episodic memories and emotional reactions. In this way, scent is dramatistic. In order to consider the possibility of a grammar of scent beyond metaphor, the author develops an olfactory pentad (Sniff, Context, Emanation, Odor Object, and Response) by applying the framework of Kenneth Burke's dramatistic pentad. In this way, scent …