Digital Commons Network^™

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl

Marquette Sports Law Review

No abstract provided.

A Treasured Institution, A Troubled Identity, And The Threat Of Denotation: Whether The Smithsonian Institution Is An Executive Agency Under 5 U.S.C. S. 105 And Why It Matters, Nicole Picard

Catholic University Law Review

No abstract provided.

It Taxes A Village: The Problem With Routinely Taxing Barter Transactions, Sergio Pareja

Catholic University Law Review

No abstract provided.

A Step-By-Step Guide To Strengthening Sexual Violence Services In Public Health Facilities: Lessons And Tools From Sexual Violence Services In Africa, Jill Keesbury, Jill Thompson

Reproductive Health

Sexual violence (SV) is a serious health and human rights problem across Africa that disproportionately affects women and girls. Survivors require comprehensive and sensitive care to mitigate the negative health consequences of SV, minimize psychological trauma, and promote long-term reintegration and recovery. Despite high levels of sexual violence and a growing recognition of the need to improve the management of rape and sexual assault, many public health facilities in Africa do not currently have capacity to provide comprehensive, patient-centered SV care to adult and child survivors. Public facilities face numerous challenges including lack of specialized SV training, general understaffing and …

When Will Law School Change?, Steven C. Bennett

Nebraska Law Review

Law schools, to paraphrase the fictional Professor Kingsfield, take students who know next to nothing about law, and teach them to “think like lawyers.” But a rough understanding of the methods of legal analysis does not necessarily equip budding lawyers with all the skills required for success in practice. Most importantly, although the ability to interpret rules of ethical conduct is one important element of the law school curriculum, mere familiarity with the rules of professional responsibility cannot impart sensitivity to the ethical issues that can arise in practice (much less ensure that new lawyers will place a high priority …

Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert

Faculty Scholarship

This article discusses the growing popularity of interest-based negotiation among attorneys and outlines an approach for implementing interest-based negotiating more effectively. The article begins with an overview of interest-based negotiation and its evolution in legal practice. The article addresses the barriers that often stand between lawyers and the practice of interest-based negotiation and how clients, too, may contribute their own limitations to the mix. The article then discusses particular aspects of interest-based approaches and outlines a step-by-step process for implementing interest-based negotiating.

Beyond Cardboard Clients In Legal Ethics, Kate Kruse

Faculty Scholarship

This Article argues that the construction of cardboard clients in legal ethics has disserved legal ethics by obscuring what is arguably a more central problem of legal professionalism: the problem of legal objectification. The problem of legal objectification is the tendency of lawyers to "issue-spot" their clients as they would the facts on a blue-book exam, overemphasizing the clients' legal interests and minimizing or ignoring the other cares, commitments, relationships, reputations and values that constitute the objectives clients bring to legal representation. This Article proposes an alternative ideal of legal professionalism for "three-dimensional clients" based on helping clients articulate and …

The Nebraska Minority Justice Committee Progress Report 2010

University of Nebraska Public Policy Center: Publications

The Nebraska Minority Justice Committee (MJC) is a unique statewide collaboration that works to develop and implement just and sustainable policy reforms that will not only improve the system of justice but will also strengthen public trust and confidence in our laws and court system. The Committee is a joint effort of the Nebraska State Bar Association and the Nebraska Supreme Court, appointed by the Supreme Court in May of 2003 in response to a Task Force’s two-year investigation of racial and ethnic fairness in Nebraska’s court system.

The mission of the Committee is to achieve three primary aims:

• …

2010 Nebraska State Suicide Prevention Summit Final Report

University of Nebraska Public Policy Center: Publications

The Nebraska State Suicide Prevention Coalition convened the Suicide Prevention Summit on Friday, January 29th, 2010. The event was hosted by BryanLGH West in Lincoln, and 24 sites across the state participated via videocast through the Nebraska Statewide Telehealth Network. The goal of the event was to provide an overview of suicide as a public health concern in Nebraska, present opportunities to discuss local needs related to suicide prevention, and featured an introduction to best practices in suicide prevention.

The audience of the Summit was comprised of 270 community members, professionals, suicide survivors, and youth and adults interested in promoting …

Journal Of The House Of Representatives State Of Colorado: Sixty-Seventh General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Immigration, Ethnicity, And Marginalization: The Maya K’Iche Of New Bedford, Jorge Capetillo-Ponce, Gissell Abreu-Rodriguez

Trotter Review

On Tuesday, March 6, 2007, more than 300 armed Immigration and Customs Enforcement (ICE) agents arrested 361 presumed undocumented immigrant workers at the Michael Bianco Inc. factory in New Bedford, Massachusetts. More than half of the workers detained were from Guatemala, the majority belonging to the Maya K’iche (we will use K’iche) community, an ethnic group originally from the mountains of western Guatemala whose members began arriving in the New Bedford area from Providence, Rhode Island, where there is an older K’iche community, during the late 1980s and early 1990s, at the height of a violent confrontation in Guatemala between …

Salt Equalizer, Vol. 2010, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Raquel Aldana & Steven W. Bender, Co-Presidents’ Column, at 1.

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

Ngai Pindell, December SALT Teaching Conference Promises Exciting Visions of the Law School of the Future, at 4.

Ruben Garcia, New Law Teachers Pipeline Committee Launches with San Francisco Event, at 4.

Angela Onwuachi-Willig, The New SALT Blog: SALT Members Speak Out, at 5.

Doug Colbert, SALT Forms New Access to Justice Committee, at 6.

Karla McKanders, Human Rights Committee Report, at 7.

Jackie Gardina, LGBT Committee Report, at 8.

Bryan Adamson, Affirmative Action Committee Report, at 9.

Robert …

Assessing The Argument For Specialized Courts: Evidence From Family Courts In Spain, Nuno Garoupa, Natalia Jorgensen, Pablo Vazquez

Faculty Scholarship

Specialized courts have become a key component of the legal reform packages implemented in civil law countries, particularly, in the area of family law. One argument for this policy is that they are able to reach a decision faster than the regular courts, which are normally congested. We use data from a survey of Spanish family courts in the region of Madrid to test this claim. After controlling for other relevant variables, the econometric results did not provide strong support for specialized courts.

An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry

Faculty Scholarship

The Financial Action Task Force (FATF) is a thirty-eight-member intergovernmental organization whose mission is to fight money laundering and terrorism financing; the U.S. is a founding member of the FATF. The FATF is best known for its 40 Recommendations, many of which are directed towards various kinds of “gatekeepers” who are in a position to facilitate or inhibit money laundering and terrorism financing. (These were previously known as the 40+9 Recommendations). Lawyers are among those to whom the FATF’s recommendations apply. This article provides the introduction for the Journal of the Professional Lawyer’s Symposium about the application of the FATF …

Access To Justice In A World Of Expanding Social Capability, Marc Galanter

Fordham Urban Law Journal

"Access to Justice" was one of a set of intellectual triplets that appeared in the 1970s; its siblings were the dispute perspective in legal studies and the Alternative Dispute Resolution (ADR) movement. This article describes the evolution of access to justice and its companions and explores their expanding frontiers in the modern world.

Examining The Real Demand For Legal Services, Herbert M. Kritzer

Fordham Urban Law Journal

Legal needs are real, but can also be virtually open-ended. Studies tell us that 85% of the civil legal needs of low income persons are currently not being met but we have no idea as to what portion of that 85% legal assistance would meaningfully help to resolve those needs, or how the cost of providing that assistance compares to the benefit that would be generated. This article examines extant studies of legal needs, and concludes that there is a need for baseline data to enable us to assess the degree of legal need that takes into account the range …

Access To Justice In A World Without Lawyers: Evidence From Texas Bodily Injury Claims, Charles Silver, David A. Hyman

Fordham Urban Law Journal

Will tort reform capping contingency fees limit plaintiffs' ability to recover for their injuries? If self-representation is a viable option, contingency fees may have less of an impact on access than one might otherwise expect. Conversely, if tort recoveries flow only or mostly to plaintiffs who either actually hire lawyers or can credibly threaten to do so, caps on contingency fees may make it difficult or impossible for many victims to obtain justice. This article explores the issue by looking at patterns of representation among claimants who received payments for bodily injury in Texas during 1988-2005. Over an extended period …

Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman

Fordham Urban Law Journal

The 2008 ABA Section of Litigation conducted a symposium designed to explore the challenges inherent in creation of a civil right to counsel and to generate critical though, dialogue, and scholarship on the subject.

Between Access To Counsel And Access To Justice: A Psychological Perspective, Nourit Zimmerman, Tom R. Tyler

Fordham Urban Law Journal

Looking into the pro se phenomenon, this paper will explore the lessons that can be learned from the experiences of the many individuals representing themselves in the American legal system today. Our interest in this paper will try to understand better the procedural values that matter to people and how they are related to having or not having professional legal representation. Does having a lawyer or not having a lawyer influence the experiences of lay people operating within the legal system, their evaluations of the process and the system, and of the outcomes obtained by them, and in what ways? …

Locked Out: The Hidden Threat Of Claim Preclusion For Tenants In Summary Process, Rosemary Smith

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

2010-2011, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio

Richmond Public Interest Law Review

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …

Comparing And Understanding Legal Aid Priorities: A Paper Prepared For Legal Aid Ontario, Mary Jane Mossman, Karen Schucher, Claudia Schmeing

Articles & Book Chapters

This paper explores different ways of defining legal aid priorities. In doing so, the paper examines how ideas about access to justice have been implemented in Ontario's judicare and community clinic systems, reviews developments in other jurisdictions, and the requirements of Charter values. The paper also situates priority-setting within the administration of justice, the literature about legal needs and social exclusion, and the role of LAO as a state agency to ensure access to justice for the poor and disadvantaged. Finally, the paper assesses the limits of the "legal categories" approach and the "legal needs / social exclusion" approach, and …

Parent's Guide, 2010-2014, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department

If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.

Faculty Scholarship

This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Journal of Criminal Law and Criminology

No abstract provided.

Jessie Lee Osburn V. Amy B. Bott : Addendum To Brief Of Apellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

U.S. Convergence With International Competition Norms: Antitrust Law And Public Restraints On Competition, William E. Kovacic, James C. Cooper

GW Law Faculty Publications & Other Works

In this Article we focus upon an area in which greater convergence of U.S. policy with the practice of many foreign countries is long overdue: the treatment of public policies that suppress competition. Whereas the European Union (“EU”) and numerous other jurisdictions have taken strong measures to limit restraints imposed by national government authorities and political subdivisions, U.S. antitrust policy in many ways is more tolerant of public restraints upon business rivalry. Since the early twentieth century, Supreme Court doctrines have evolved to grant states and the federal government broad rights to enact laws that restrain competition. Further, individual groups …

Glade Terry And Kairle Terry V. C. William Bacon, M.D.; Central Utah Clinic, P.C. And Utah Valley Regional Medical Center : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth District Court, Utah County, Judge Samuel McVey.

A Brief Reflection On The Stages Of The Clinical Year: Group Process With Existentialist Roots, Richard J. Wilson

Working Papers

This short article focuses on "units," or stages of group process, part of my shared experience in law teaching and in adult education at St. Mark’s Church, Capitol Hill, Washington, DC. The article explores the context of the functional education program of church teaching and its common elements with clinical law teaching. The unit structure from church teaching translates well, I conclude, into the structure of clinical legal education.