Digital Commons Network^™

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication that …

Integrating The Financial Crisis In The Business Associations Course: Benefits And Pitfalls, Afra Afsharipour

Journal of Business & Technology Law

No abstract provided.

Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace

Student Articles and Papers

This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.

Reconciling The Public Employee Speech Doctrine And Academic Speech After Garcetti V. Ceballos, Darryn Cathryn Beckstrom

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney

UIC Law Open Access Faculty Scholarship

The next wave of concern regarding Google involves web analytics. Web analytics is the measurement, collection, analysis, and reporting of Internet data for the purposes of understanding and optimizing web usage. The concerns of web analytics use touches on issues of online user privacy, government use of personal information, and information on website user activity. While Google Analytics is not the sole web analytics product on the market, it is widely used by corporate, non-profit, and government organizations. The product has been reported to have a 59% market share among web analytics vendors in a 2008 study.

Web analytics technology …

Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin

Articles

This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …

Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim

Canadian Journal of Family Law

Self-represented litigants are becoming an epidemic in the B.C. provincial court system. Litigants who lack legal training and knowledge about the formalities of the court often slow and disrupt the justice system. The cuts to legal aid and the Supreme Court of Canada decision in Christie have contributed to this epidemic. The purpose of this paper is to discuss some of the challenges that self-represented litigants pose to the family law justice system. The erosions to legal aid funding and services have had a disproportionately negative effect on women. It has forced women to become self-represented litigants, resulting in women's …

Asia/Pacific, Manish Dhingra, Steve Saunders, Mark Du, Sania Khan, Juan Edgardo C. Angara, Albert Vincent Y. Yu Chang, Jae-Hoon Cheong, Hung Won Hyun, Yeong Seok Lee, Hee Chul Kang, John Wilson

The International Lawyer

No abstract provided.

Antitrust And Institutions: Design And Change, Eleanor M. Fox

Faculty Articles

This paper is about comparative institutional design of competition law and policy systems, and the relationship of design to context. It is also about design and change. Jurisdictions need sound and thoughtful institutional design that will best help to advance their competition law and policy, and do so with transparency, fairness, and due process. Many designs may achieve these ends. This paper is not about available choices or global models. Rather, albeit selectively and anecdotally, it concerns the design choices that nations make. The paper has two parts. Part II refers principally to the initial choice of design. It reflects …

Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic, Zita Lazzarini

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Long Term Sustainability Of Education, Caitlin Lester, Alexandria Davis

Big iDeas 2010 Other

No abstract provided.

The Right To Counsel In Civil Cases Revisited: The Proper Influence Of Poverty And The Case For Reversing Lassiter V. Department Of Social Services, Robert Hornstein

Catholic University Law Review

No abstract provided.

Town Of Greenfield 2009 Annual Reports For Fiscal Year Ending December 31, 2009., Greenfield Town Representatives

Greenfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger

UC Law SF Journal on Gender and Justice

This Note will first discuss the social factors that make accessing retirement and support services problematic for lesbian and gay elders, such as ageism in the gay and lesbian community and heterosexual-focused retirement institutions. Part II will investigate how federal law and policy affects lesbian and gay elders' ability to obtain health care benefits and save for retirement. Part III will examine state and municipal solutions for same-sex couples, in the face of federal discrimination. Part IV will illustrate the necessity of acquiring an attorney because of the challenges in preparing for a lesbian or gay elder's incompetence, and the …

Utb/Tsc Student Handbook 2010-2011, University Of Texas At Brownsville, Texas Southmost College

Student Handbooks (UTB/UTPA)

No abstract provided.

Introduction: For Jack, Who Strove To Make Us Noble, Jay Conison

Valparaiso University Law Review

No abstract provided.

Dramatically Narrowing Rfra's Definition Of Substantial Burden In The Ninth Circuit - The Vestiges Of Lyng V. Northwest Indian Cemetery Protective Association In Navajo Nation Et Al. V. United States Forest Service Et Al., Zackeree S. Kelin, Kimberly Younce Schooley

South Dakota Law Review

No abstract provided.

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael S. Kirsch

Journal Articles

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard.

These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …

The Government-Speech Doctrine: “Recently Minted,” But Counterfeit, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

The foci of this Article are the ill-advised creation of a government-speech doctrine in Pleasant Grove City v. Summum, 129 S. Ct. 1125 (2009), and its potential for substantial First Amendment mischief particularly with respect to the establishment of religion. Created out of whole cloth, with no regard for precedent, and in a case that did not even raise the issue of government speech, the doctrine permits the government to speak with viewpoint about controversial cultural issues upon which the government has no constitutional right to act. Asked to find unconstitutional the refusal of a municipality to allow a Summum …

Motions 2010 Volume 45 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler

Fordham Urban Law Journal

This Article first describes the proportion of unrepresented parties in mediation and the policies and practices regarding representation in different mediation contexts. The core of the Article examines the empirical findings on the effect of representation on several dimensions of the mediation process, including the effect on preparation for mediation, party perceptions of the fairness of the process and pressures to settle, the extent of party "voice" and participation in mediation, and the tone of the session. In addition, the Article examines the effect of representation on mediation outcomes, including the likelihood of settlement and the fairness of agreements reached. …

The Accidental Elder Law Professor, A. Kimberley Dayton

Faculty Scholarship

This Article discusses my somewhat unusual and erratic path to becoming an Elder Law professor. My story, told more or less in chronological order, is a first-person narrative of one woman’s journey to achieve, if not academic renown, then at least personal satisfaction in the realm of the legal academy. It does not aspire to convey ponderous wisdom about the best way to teach Elder Law or the importance of scholarly productivity as a measure of one’s legitimacy. On the contrary, I hope the Article will illustrate that, in the same way the field of Elder Law has grown and …

Holding The High Ground: The Operational Calculus Of Torture And Coercive Interrogation, Joseph L. Falvey Jr., Brian D. Eck

Campbell Law Review

In Part I of this Article, we first consider some of the strengths and weaknesses of the partially adequate objections. In Part II, we explore torture in light of the biological distinction between pain and suffering and consider the implications of that distinction for our understanding of free will and the fighting spirit. Finally, in Part III, we suggest a more fundamental view of torture that navigates between the Scylla of naive moralizing and the Charybdis of ticking time-bombs. We propose that the debate should focus on torture's effect on our country's moral certainty, on the fighting spirit of our …

Continuum: Volume 34 (Winter 2010), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Reflecting On The Law Commission Of Ontario’S Approach And Method: Multidisciplinarity, Analytical Lenses And Consultation, Patricia Hughes

York Centre for Public Policy & Law

No abstract provided.

Utah Chapter Of The Sierra Club V. Utah Division Of Oil, Gas, And Mining, Utah Board Of Oil, Gas And Mining : Addendum To Brief Of Respondent-Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Charles Conner V. Department Of Workforce Services Workforce Appeals Board : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT Case No. 20100193-CA Appeal from the Final Decision of the Workforce Services Appeal Board denying Petitioners claim for unemployment benefits.

Amber Taylor, A/K/A Amber S. Elison V. Clinton J. Elison : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Amber S. Taylor, F/K/A/ Amber Elison V. Clinton J. Elison : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.