Digital Commons Network^™

Conditional Spending And Compulsory Maternity, Nicole Huberfeld

Law Faculty Scholarly Articles

More than forty-six million Americans are uninsured, and many more are seeking government assistance, which makes congressional spending for federal programs a significant issue. Federal funding often comes with prerequisites in the form of statutory conditions. This Article examines the impact that conditions placed on federal healthcare spending have on the individuals who rely on that spending by exploring the ongoing disconnect between Spending Clause jurisprudence and women's reproductive rights. The first Part reviews the foundational Supreme Court precedents and places them in context from both a statutory and theoretical perspective. The second Part studies what the author denominates "pure …

When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani

Journal of Criminal Law and Criminology

No abstract provided.

2010 Annual Report, Office For The Study Of Aging

Office for the Study of Aging: Alzheimer's Registry

The Office for the Study of Aging (OSA) at the Arnold School of Public Health of the University of South Carolina (USC), in cooperation with the South Carolina (SC) Department of Health and Human Services, the SC Department of Mental Health, the USC School of Medicine, and the SC Office of Budget and Control, maintains a statewide Registry of SC residents diagnosed with Alzheimer's disease or related disorders.

This report uses the abbreviation ADRD to indicate “Alzheimer's disease or related disorder.” The “related disorders” refer to dementias associated with vascular disease, mixed dementia and with other medical conditions such as …

The Roberts Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission., Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

The Cost Of Legal Aid, Elizabeth Lyons

Global Tides

I first became aware of the British’s struggle with their Legal Aid system while interning with a nonprofit organization in London that conducted research on Legal Aid with the goal of improving individuals’ access to justice. The British have supported Legal Aid for over sixty years; however, during this time it has reached an unsustainable level its current budget being two billion pounds. Since the government simply cannot afford a program this large, it has fallen prey to periodic budget cuts within the past few decades. Many British individuals are concerned that the quality of the services will diminish as …

The Redefined Hero: Discovering Champions Of Social Change, Emily Benfer

Faculty Publications & Other Works

No abstract provided.

Integrity And The Incongruities Of Justice: A Review Of Daniel Markovits, A Modern Legal Ethics, Benjamin C. Zipursky

Faculty Scholarship

Daniel Markovits’ recent book, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, begins by articulating an ethical quandary common to litigators: how can I advocate zealously for a client whose story might not be true and whose causes might not be just? In Markovits’ hands, the dilemmas of the adversary advocate are transformed into a philosophical puzzle about the nature of integrity and the very idea of fidelity to a client. Lawyers face a far more onerous ethical burden than is sometimes recognized, Markovits argues, for the adversary advocate in our legal system is professionally obligated to lie …

Uf Law Winter 2010, University Of Florida Levin College Of Law

UF Law Magazine

Online Speech: When does it go too far?; Grassroots Gators; Cyberbullying; Sticks and Stones

Long-Term Care Ombudsman Training, Texas Silver Haired Legislature Foundation, Texas Silver-Haired Legislature

Texas Silver-Haired Legislature

Training agendas, manuals, and other information on long-term care ombudsman training, 2010.

The Reform Of Legal Education In China And Japan: Shifting From The Continental To The American Model, Xiangshun Ding

Journal of Civil Law Studies

No abstract provided.

Conflict Of Interest?: Executive-Auditor Relationship And The Likelihood Of A Sec-Prompted Restatement, Henry Lyford

CMC Senior Theses

This study examines the relationship between executives and their independent auditor to see if there is a conflict of interest in their interaction. This study was motivated by the meltdowns, partially caused by fraudulent accounting, of many public companies in the late 1990s and early 2000s and the consequent passage of the Sarbanes-Oxley Act. This study examines the variables of audit fees, fees for other services, and auditor tenure to see if they are connected with the occurrence of an SEC-prompted restatement. The results show no significant correlation between amount of fees and the likelihood of an SEC-prompted restatement but …

Central Bank Of Ireland Annual Report 2009, Central Bank Of Ireland

Documents

No abstract provided.

Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight

Scholarly Works

Do participants in mediation and arbitration have attorneys? Do they need them? Although the phenomenon of pro se litigation has received substantial attention in recent years, few commentators or policymakers have focused on these questions. The failure to focus on the possible need for representation in mediation and arbitration is based on an often unstated premise that because ADR processes are purportedly non-adversarial or less adversarial than litigation, disputants need representation less in ADR than they do in litigation. This Article suggests that the failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided. …

Under Pressure: Rethinking Externships In A Bleak Economy, Robert Lancaster, Cynthia Baker

Journal Articles

No abstract provided.

Responding To Foreclosures In Cuyahoga County, Interim Evaluation Report January 1, 2009 Through December 31, 2009, Kathryn W. Hexter, Molly Schnoke

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

An Assessment Of Municipal Water Rights And Water Systems In The Clark Fork River Basin, Jacob Daniel Petersen-Perlman

Graduate Student Theses, Dissertations, & Professional Papers

In the semi-arid Inland Northwest, water is undoubtedly the most important natural resource. Western Montana’s Clark Fork River basin is no exception. As the population of western Montana continues to grow, the Clark Fork River basin below the Flathead Indian Reservation is largely in de facto closure to the establishment of new water rights. Communities face a great amount of uncertainty with respect to their ability to establish new water rights to accommodate future growth due to the de facto closure, along with the ongoing adjudication process and the inability for communities to grow into their claimed water rights established …

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney

St. Mary's Law Journal

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.

If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …

Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir

Case Western Reserve Journal of International Law

No abstract provided.

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

Utah Law Review

People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and, in many cases, inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

The Quest To Save Journalism: A Legal Analysis Of New Models For Newspapers From Nonprofit Tax-Exempt Organizations To L3cs, Nikki Usher, Michelle D. Layser

Utah Law Review

The proliferation of online news sources masks a deepening crisis in American journalism. Newspapers, which continue to be the linchpin of original news reporting, are facing unprecedented economic pressures⎯largely due to the rise of new media⎯that have forced nearly all major newspapers to lay off large numbers of journalists, reduce the scope of coverage, and sometimes cease operating entirely. The current economic crisis has only exacerbated existing forces already undermining the viability of the newspaper industry. The traditional support from commercial advertising and paper subscription base now seems antiquated, and the question looming before American journalism is what the next …

Utah’S Open Courts: Will Hikes In Civil Filing Fees Restrict Access To Justice?, Erin K. Burke

Utah Law Review

During the 2009 General Legislative Session, the Utah Legislature approved measures to increase the civil filing fees of the Utah State Courts. Because of the judiciary’s budget strains and expanding workload, the state’s leadership deemed the fee increase necessary to ensure that the courts continued to function adequately for the adjudication of disputes. The increased revenue generated from the higher fees may ensure broader access to justice in one sense. However, raising filing fees may also place access to justice beyond the reach of some of the less fortunate in society. These higher fees could have the greatest impact on …

A Study Of The Components For Conducting An Aquatic Facility Feasibility Study, Shona Lee Musial Moeller

Graduate Research Papers

Park and recreation administrators have found a need for developing feasibility studies for various reasons. Many communities feel the feasibility study process is necessary in order to have a proper outlook into either short-term or long-term planning and development efforts. Population growth and changing dynamics in various communities are two main reasons why feasibility studies are conducted. Older facilities are becoming increasingly more vulnerable to damage created by over-use or under-use. The over utilized facilities cannot keep up with structural demands placed upon them, whereas the under-used facilities are creating financial burdens and are not being subsidized by user fees. …

Investment Treaty Arbitration, Procedural Fairness, And The Rule Of Law, Gus Van Harten

Articles & Book Chapters

Investment treaty arbitration is often promoted as a fair, rules-based system that advances the rule of law. The system falls short of this expectation, however, due to its unique combination of arbitration and public law, its asymmetrical claims structure, its reliance on executive officials to make case-by-case appointments, and its attenuation of judicial oversight. The focus of concern is not actual bias on the part of individual arbitrators but, more appropriately, institutional and procedural aspects of the adjudicative process that raise suspicions of bias.

Five Justifications For Investment Treaties: A Critical Discussion, Gus Van Harten

Articles & Book Chapters

This article examines five common justifications for the investment treaty system in order to highlight aspects of the system that give cause for concern. First, it examines whether investment treaties are a means to encourage foreign direct investment and concludes that this expectation is contradicted by common provisions in investment treaties and is unsupported by the preponderance of empirical evidence. If this justification was a factor in the decisions of states to conclude investment treaties - or of international organizations to promote them - then these decisions appear to have been based on incomplete knowledge and analysis of the anticipated …

Who Generates Hazardous Wastes? Attribution Of Producer And Consumer Responsibility Within The Us, Christa D. Jensen

Regional Research Institute Working Papers

Amid changing attitudes about the environment and increasing sustainability concerns, many countries around the world aim to curb waste generation, especially the generation of hazardous wastes. Beginning in the late 1970’s and occurring increasingly since, governments and international bodies are passing legislation and treaties dealing with the reduction of hazardous waste generation and waste minimization in general. For future waste minimization policies to have an impact on hazardous waste generation, methods for determining where the ultimate responsibility for hazardous waste generation lies need to be explored. This paper examines hazardous waste generation in the United States at the industry level …

National And State Economic Impact Of Netl, Randall Jackson, Amanda Krugh, Brian Lashier, Ronald Munson

Regional Research Institute Working Papers

This report documents the development of state-level input-output models for Pennsylvania, West Virginia, and Oregon and the augmentation of the national input-output model that was developed previously for the project Valuing Domestically Produced Natural Gas and Oil . The state IO models were developed to assess the FY08 economic impacts of expenditures, employment, and research and development awards at the NETL sites located in Pittsburgh, PA; Morgantown, WV; and Albany, OR. The national IO model was developed to assess the FY08 economic impacts of NETL site expenditures, awards, and employment at the national level.

Uf Law Fall 2010, University Of Florida Levin College Of Law

UF Law Magazine

Raising the Bar: Stephen N. Zack is fifth Gator to lead the ABA; Gators before the Supreme Court; Legal tangle emerges from Gulf oil spill; Assuring Access to the Justice System

When Leviathan Speaks: Reining In The Government-Speech Doctrine Through A New And Restrictive Approach, Carl G. Denigris

American University Law Review

No abstract provided.

Race, Class, And Whiteness In Gifted And Talented Identification: A Case Study, Kathleen Barlow, C. Elaine Dunbar

Anthropology and Museum Studies Faculty Scholarship

What began fifteen years ago as a volunteer effort to promote desegregation via a gifted and talented magnet school has become a case study analyzing inequalities in the identification of young children for gifted and talented services. We use Cheryl Harris’ (1993) argument that “whiteness” is a form of property that creates and maintains inequalities through the conjoining of race and class. We show how gifted and talented status meets the criteria of white property interests and is defended by recourse to law and policy. Efforts to improve identification of students for gifted services reveal that the implicit operation of …