Digital Commons Network^™

Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Dale Margolin Cecka

Law Faculty Publications

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law. The Earle Mack School of Law at Drexel University. Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents …

Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen

Richmond Public Interest Law Review

Part I of the article describes the vision of the 1938 reformers and the changes to the litigation landscape since. Part II describes the Twombly and Iqbal cases in relation to prior pleading standards. Part III builds on Twombly and Iqbal's language to set forth an account of plausibility pleadings that addresses the problems with today's system of litigation. Part IV describes some of the major critiques to plausibility pleading and explains why these critiques do not pose a threat to the account of plausibility pleading set forth in Part III.

2009-2010 Annual Report, William & Mary Law School

Annual Report

No abstract provided.

Admissions Brochure 2010-2011, William & Mary Law School

Admissions Brochures

No abstract provided.

Taxes And Death: The Rise And Demise Of An American Law Firm, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Misconduct by lawyers in law firms is often attributed to pressures from increasing competition for legal services. Modern firms do face fierce competitive pressures. We can gain more subtle insights, however, by focusing on the specific markets in which particular firms operate and the ways in which forms of influence in law firms interact with common patterns of behavior in organizations.

This paper, a chapter in the collection Law Firms, Legal Culture, and Legal Practice, draws on this type ofanalytical framework to provide a case study of the experience of Jenkens & Gilchrist, a national law firm that had …

Government Speech 2.0, Helen Norton, Danielle Keats Citron

Denver Law Review

No abstract provided.

Comprehensive Responses To Gender-Based Violence In Low-Resource Settings: Lessons Learned From Implementation, Jill Keesbury, Ian Askew

Reproductive Health

The Population Council undertook a program of technical assistance and research to strengthen the evidence base on sexual and gender-based violence (SGBV) programming in sub-Saharan Africa. This project created an active network of implementers and researchers across sub-Saharan Africa, all of whom were charged with developing, implementing, and evaluating core elements of a comprehensive, multisectoral model for strengthening responses for survivors of SGBV, especially survivors of sexual violence. Based on the experiences of these partners, this document reviews the findings, lessons learned, and promising practices in the provision of comprehensive SGBV services in sub-Saharan Africa. The findings are intended to …

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.

Trust Account Fraud And Effective Information Security Management, Sameera Mubarak

Journal of Digital Forensics, Security and Law

The integrity of lawyers’ trust accounts has come under scrutiny in the last few years. There are strong possibilities of information technology security breaches happening within the firms, either accidental or deliberate. The damage caused by these security breaches could be extreme. For example, a trust account fund in an Australian law firm was misused in a security breach in which Telstra charged A$50,000 for phone usage, mainly for ISD calls to Hong Kong. Our study involved interviewing principals of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. …

Isp Licensing - A Carrot To The Stick Of Three-Strikes Laws, Steven Masur, Cynthia Katz

SMU Science and Technology Law Review

No abstract provided.

The Legal Ethics Of Metadata Mining, Andrew M. Perlman

Suffolk University Law School Faculty Works

This essay, which is part of a symposium edition of the Akron Law Review, explores the practice of metadata mining (i.e., the surreptitious examination of an electronic document’s hidden data). The essay reviews the legal ethics opinions that have addressed the practice and contends that metadata mining is simply a variation of the oft-examined problem of inadvertently disclosed documents. The essay concludes that flat bans on metadata mining are misguided and that the issue should be treated in the same manner as inadvertent disclosures more generally. Under this approach, if a state permits lawyers to review inadvertently disclosed privileged documents, …

The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson

Faculty Scholarship

In this article, the Director of the Elder Law Clinic at Pennsylvania State University provides insight into the development of Elder Law as a unique discipline by tracking the history and challenges faced by her program as it approaches ten years of operation. A core focus of the Elder Law clinic, beyond practical experience, is to expose its students to the ethical issues confronted in Elder Law practice. Students in the clinic combine classroom discussions with practical experience representing clients, thereby becoming better prepared for their professional futures, while also gaining appreciation for the special concerns of the elderly client. …

Annual Report And Statement Of Accounts For The Year Ended 31st December, 2009, Central Bank Of Nigeria (Cbn)

Documents

CBN annual report distilling the findings of the special investigation of the Nigerian banking sector

Obama Effect: A Pipeline Issue, A Felicia Epps

Journal Publications

The law allows schools to strive for a "critical mass" of minority students. As law schools are already required to demonstrate a commitment to diversity, they must take steps to ensure that the pool of qualified candidates for positions in the academy expands instead of contracts. President Obama can have an impact on this process by taking steps to improve our educational system, encouraging students to make the most of their educations, and increasing the availability of higher education for all students. African Americans will then have access and ability to succeed in their academic pursuits. As a result, more …

The Journey Toward Excellence In Clinical Legal Education: Developing, Utilizing And Evaluating Methodologies For Determining And Assessing The Effectiveness Of Student Learning Outcomes, Ann Marie Cavazos

Journal Publications

This Article proposes pedagogy and methodology for the assessment of student learning outcomes in a Model Clinic Program, intended to accomplish the clinic's goal of preparing students for the practice of law. The Clinic Model emphasizes apprenticeship methodology and assessment pedagogy to ensure that students are learning and developing the legal skill sets that they are expected to learn. In this Article, the Author will depict the Clinic Model in the present tense to illustrate a working, not just a theoretical, model.

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

Faculty Scholarship

Under current law, all true barter transactions, such as babysitting cooperatives, create taxable income. Although the IRS often fails to catch unreported transactions, lawyers and accountants have an ethical duty to advise clients to report these taxable transactions on their income tax returns. This article proposes that Congress change the law to generally exclude barter transactions from income when they do not rise to the level of being a trade or business of the taxpayer. This simple change to the law will allow communities to work together without worrying about tax disincentives for doing so.

Ethical Issues Associated With Multidisciplinary Practices In Texas., Michael Kelly

St. Mary's Law Journal

In 2000, the American Bar Association House of Delegates voted to uphold the ban on multidisciplinary practices (MDPs) set out in Rule 5.4 of the Model Rules of Professional Conduct (Model Rules). In 2009, the ABA announced the creation of the Ethics 20/20 Commission to review the Model Rules in the context of globalization. The Commission announced it was looking into alternative business structures, including MDPs. In an MDP a client can seek the advice of several professionals with experience in different disciplines working in a single business. Under Rule 5.4, a lawyer is prohibited from sharing legal fees with …

2010-2011 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell

Publications

What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a …

The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff

Publications

To many, American Indian law is a remote and anomalous area of the law. To others, including Professor Phil Frickey, themes in American Indian law are central to our identity as a nation, and lessons from the field inform broader understandings of the competencies and limitations of the federal judiciary. One of Professor Frickey’s recurring scholarly arguments is that the federal courts are most within their areas of institutional competence when they approach contemporary Indian law questions as structural disputes between sovereigns, rather than as individual conflicts amenable to the application of mainstream public law values. An event described as …

Parties' Perceptions Of Apologies In Resolving Equal Opportunity Complaints, Alfred Allan, Dianne Mckillop, Robyn Carroll

Research outputs pre 2011

Apologies are known to play an important role in the resolution of discrimination and harassment complaints brought under equal opportunity legislation. Sometimes parties agree on an apology as a term on the basis of which a complaint is settled. Occasionally, where a complaint is not settled, a respondent will be ordered to apologize. The ability to order an apology is a distinctive feature of equal opportunity law in Australia. The aim of the researchers was to gather information on the role of apologies in the equal opportunity jurisdiction in Western Australia. Twenty-four complainants and respondents took part in semi-structured interviews. …

Advance (Fall 2010), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.

The Pedagogy Of "Yes We Can": Teaching Reformative Legal Justice In The Age Of Obama, Leroy Pernell

Journal Publications

These brief comments, delivered as part of the 5th Annual Fred Gray Sr. Civil Rights Symposium, Faulkner University, Thomas Goode Jones School of Law October 21, 2009, do not challenge whether law schools and the profession sufficiently make the case for public service and commitment to societal good; admittedly most existing standards and curricula do. Rather, these comments address the opportunity for legal education to tap, and expand on, a heightened psychological and emotional commitment that might be engendered in law students following the election of Barack Obama as President of the United States.

Ethics For Lawyers Who Represent Governmental Entities As Part Of Their Private Practices, John M. Burman

Wyoming Law Review

No abstract provided.

Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer

Faculty Works

This National Law Journal article draws attention to past attempts by government and private parties to pierce the protections of the attorney client relationship, specifically confidentiality, when it comes to the representation of clients by law school clinics. Several law school clinics and innocence projects have defended themselves against actions by prosecuting attorney offices and opposing parties who have attempted to obtain information that is traditionally protected by state and federal confidentiality rules. Law school clinics, public interest organizations, innocence projects, government agencies and Public Defender organizations can better protect themselves from future attempts by opposing parties to invade the …

The Anticipation Misconception, Colin P. Marks

Faculty Works

Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.” The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client. This justification supports limiting protection only to work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a …

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

Faculty Works

No abstract provided.

Contracts And Friendship, Ethan J. Leib

Emory Law Journal

This Article aims to give the relational theory of contract new life, sharpening some of its claims against its competitors by refracting its theory of relational contracts through an analogy to friendship. In drawing the analogy between friendships and relational contracts and revealing their morphological similarities, this Article offers a provocative window into friendship¿s contractual structure¿and into relational contracts¿ approximation of friendships. The analogy developed here is poised to replace the ¿relational contract as marriage¿ model prevalent among relationalists. This new model is more honest to relational contract theory and to marriage¿and helps relational contract theory produce some new insights, …

Lawless By Design: Jurisdiction, Gender And Justice In Indian Country, Laura E. Pisarello

Emory Law Journal

To reduce crime, and sexual violence in particular, in Indian Country, Congress should “overturn” Oliphant and grant tribes direct criminal jurisdiction over all people—Indian or not—in Indian Country. Congress should also remove sentencing limits and explicitly grant tribal courts authority to adjudicate all crimes. Accordingly, this Comment discusses the effects of present legal hurdles to prosecuting those who commit crimes in Indian Country. It shows how Congress could remove these legal barriers and addresses possible constitutional concerns about this proposal. This Comment outlines the legal benefits of this proposal, including a more harmonized and modern legal framework that enhances tribal …

The Tail Still Wags The Dog: The Pervasive And Inappropriate Influence By The Psychiatric Profession On The Civil Commitment Process, William M. Brooks

North Dakota Law Review

No abstract provided.