Digital Commons Network^™

A 2010 Update: What Every Entertainment Lawyer Needs To Know - How To Avoid Being The Target Of A Legal Malpractice Claim Or Disciplinary Action, John P. Sahl

Akron Law Faculty Publications

There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The …

Foreword: The New Era- Quo Vadis?, John Sahl

Akron Law Faculty Publications

The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …

Good Things Come To Those Who Wait - Reconsidering Indeterminate And Indefinite Detention As Tools In U.S. Immigration Policy, Michael S. Vastine

Intercultural Human Rights Law Review

This article will primarily focus on illustrating examples of lengthy detention that surely seem unending to the immigrants involved, if not "indefinite" as determined by the U.S. Supreme Court. I will address all other aspects of detention more fully than actual "indefinite" detention. Detention is one of many tools at the disposal of DHS to assure orderly immigration and provide predictable consequences for violators of the United States immigration system. I hope to illustrate the frequently coercive affects of the detention scheme and argue that in some, if not many, contexts detention actually impedes the orderly administration of justice, despite …

A New Era – Quo Vadis? Symposium Introduction: Lawyers Beyond Borders And Practicing Law In The Electronic Age, John P. Sahl

Akron Law Faculty Publications

This symposium introduction explores the evolving landscape of legal practice in an increasingly globalized and digitized world. It highlights the challenges and opportunities posed by cross-border legal services, the rise of virtual law offices, and the transformation of attorney-client relationships in the electronic age. The article sets the stage for deeper discussions on jurisdictional boundaries, unauthorized practice of law (UPL), data security, and the ethical responsibilities of lawyers operating in transnational and virtual contexts. It also examines how traditional regulatory frameworks are adapting—or failing to adapt—to the realities of borderless legal practice. By framing the legal profession's current trajectory, the …

Do Judges Cherry Pick Precedents To Justify Extra- Legal Decisions?: A Statistical Examination, Anthony Niblett

Maryland Law Review

No abstract provided.

Multiple Gatekeepers, Andrew F. Tuch

Scholarship@WashULaw

In the context of business transactions, gatekeepers are lawyers, investment bankers, accountants and other actors with the capacity to monitor and control the disclosure decisions of their clients – and thereby to deter corporate securities fraud. After each wave of corporate upheaval, including the recent financial crisis, the spotlight of responsibility invariably falls on gatekeepers for failing to avert the wrongs of their clients. A rich vein of literature has considered what liability regime would lead gatekeepers to deter securities fraud optimally, but has overlooked the phenomenon that multiple interdependent gatekeepers act on business transactions and thus form an interlocking …

"Kneecapping" Academic Freedom, Robert R. Kuehn, Peter A. Joy

Scholarship@WashULaw

As universities increasingly seek to educate students through service learning courses, law school clinics may be the bellwether for determining if faculty’s traditional academic freedom of teaching will transcend the traditional classroom or be left at the classroom door. Recent legislative and corporate efforts to interfere in the operations of law clinics indicate that academic freedom is at risk when hands-on student learning bumps up against “real world” disputes. This article examines why attacks on law school clinics are a harbinger of how academic freedom is treated when it moves out of the classroom.

The authors discuss the role of …

Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro

Scholarship@WashULaw

Conventional wisdom says that pro se plaintiffs almost invariably fare worse than represented plaintiffs. However, there exists in federal court a procedural regime under which pro se plaintiffs effectively receive attorneys and therefore experience success rates similar to their represented peers: multidistrict litigation. Multidistrict litigation is a procedure for consolidating multiple federal civil cases sharing common questions of fact into a single proceeding in one federal district court for coordinated pre-trial proceedings and discovery. This paper takes an empirical look at all federal civil cases terminating between 2006 and 2008 to determine what effect multidistrict litigation has on case outcome …

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

Scholarship@WashULaw

The right of one charged with [a] crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impar-tial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with [a] crime has to face his accusers without a lawyer to assist him.

You can't give me too many cases, too many clients, …

Japan's New Clinical Programs: A Study Of Light And Shadow, Peter A. Joy, Shigeo Miyagawa, Takao Suami, Charles D. Weisselberg

Scholarship@WashULaw

Japan instituted a new system of graduate professional law school education when sixty-eight new law schools opened their doors on April 1, 2004. The new law schools are an integral component of far-reaching reforms that seek to improve the administration of justice in Japan by increasing the number of lawyers, especially in grossly underserved rural areas, and better preparing attorneys for the practice of law domestically and internationally. Japan modeled the new graduate professional law schools after schools in the United States. A large number of the schools adopted clinical legal education programs -- also substantially influenced by law school …

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?, Douglas R. Richmond

Kentucky Law Journal

No abstract provided.

The Anticipation Misconception, Colin P. Marks

Kentucky Law Journal

No abstract provided.

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lawyer Independence: From Ideal To Viable Legal Standard, Kevin H. Michels

Case Western Reserve Law Review

No abstract provided.

Checklists And Illustrative Financial Statements : Health And Welfare Benefit Plans, June 2010 Edition, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Independence And Ethics Developments - 2010/11; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose

Duke Journal of Gender Law & Policy

No abstract provided.

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.

Valuing Grief: A Proposal To Compensate Relocated Public Housing Residents For Intangibles, Dawn Jourdan, Ryan Feinberg

University of Florida Journal of Law & Public Policy

No abstract provided.

Department Of Fisheries Annual Report To The Parliament 2009/10, Government Of Western Australian Department Of Fisheries

Department of Fisheries Annual Reports

This annual report provides an overview of the Department and its operations for the financial year ended 30 June 2010. It has been prepared in accordance with the requirements of the Financial Management Act 2006, the Fish Resources Management Act 1994 and the Public Sector Commission’s Annual reporting framework – 2009-10 reporting year.

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry

Faculty Scholarship

This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott

Articles

In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …

Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand

Articles

That is not to say that the launch of this clinic was easy. Four of the most challenging issues the ITC faced in its first year of operation were: 1) developing a client pool, 2) defining client projects so as to be appropriate to student clinicians’ skill levels and capacity, 3) making use of efficient and inexpensive technology to foster international communication with clients and transaction management, and 4) tapping supervisory attorney talent capable of supporting student clinicians in their international transactional work. The first two issues were the biggest challenges that we faced in launching the ITC and so …

Business Planning For New Ventures, Mike Roer, Benoit Boyer, Ken Kollmeyer, Matthew Smith

WCBT Faculty Publications

Table of contents:

Assessing Entrepreneurial Aptitude -- Identifying Sources of Capital -- Selecting a Legal Structure -- Preparing the Business Plan -- Presenting the Plan to Capital Providers -- Glossary.

New York Law School Magazine, Vol. 30, No. 1, New York Law School

New York Law School Magazine

Features:

Giving Back: The Starr Foundation Honors Maurice R. Greenberg ’50 with a $20 Million Gift to NYLS

What Is the Future of Legal Education?: New York Law School and Harvard Lead the Conversation

Passport to Opportunity: New York Law School Launches Study Abroad Program

The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis

Montana Law Review

The Legal Needs of Farmers

Help Is On The Way: Senior Legal Hotlines Respond To Elder Abuse, Eleanor Crosby Lanier

Scholarly Works

Helplines are an important component of efforts to protect elders from abuse. This article describes the development of the senior legal hotline. After 20 years, these hotlines exist in at least half of the states and provide legal advice and other legal services at no cost to callers. Senior legal hotlines can provide information on financial scams, adult guardianship, advance directives, housing, medical care, and public benefits.

Bulletin 2010-2011, Seattle University School Of Law

Viewbooks

No abstract provided.

Collegematchers, Inc: Business Plan & Market Overview, Daniel Black

CMC Senior Theses

This thesis details the business plan of CollegeMatchers, Inc, including a market overview. CollegeMatchers is a quick, easy, and free on-campus marketplace, that strives to create self sustaining communities on campuses everywhere.