Digital Commons Network^™

Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia James

Faculty Publications

No abstract provided.

If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker

Articles

Are lawyers mechanics? In 1920, photographer Lewis Hines took a striking photo of a powerhouse mechanic sure-handedly wielding a large wrench to tighten bolts on a steam pump. This picture may bring to mind many things, but I suspect that many legal writing professors in our (past or present) incarnations as practicing attorneys would not look at this image and think, "My job is a lot like that." Similarly, I assume that many of our students do not think of a lawyer's role in this way. Indeed, many of our students might have chosen to pursue a career in law …

The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Introduction To Public Librarianship, Kathleen De La Peña Mccook

School of Information Faculty Publications

Preface Public libraries in the United States of America are in their third century of service as the heart of communities throughout the nation. Our public libraries are our public sphere open to all who desire to use their services—both as cultural spaces and as virtual services. The literature of public librarianship is extensive, but it is also dispersed among many specializations such as management, information technology,youth services, and community planning. In truth, public librarianship incorporates all of these specializations, just as public librarians work to serve all people—all backgrounds, all ethnicities, all ages, all religions or no religion, all …

Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten

Faculty Publications

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing …

A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science, Lea B. Vaughn

Articles

Although Crichton has lost the battle regarding global warming, his characterization of lawyers and law practice remains unchallenged. This article challenges his damning portrait of lawyers as know-nothing, self-aggrandizing manipulators of various social and environmental causes. A more nuanced examination of "cause lawyering" reveals that lawyers are not part of a vast conspiracy to grab power through the causes for which many work; in fact, the rules of professional responsibility as well as the structure of "cause lawyering" limit their power and influence. Regardless, lawyers are nonetheless vital, and generally principled, participants in the debates and causes that inform environmental …

Empirical Evidence On Regulatory Burdens And International Income Performance, Enedina Licerio

Open Access Theses & Dissertations

This paper analyzes the effects of regulatory burdens on per capita national income (GNI) and the potential increases in GNI that can result from deregulation. Previous research indicates that a rigid regulatory environment hampers income performance. The availability of more recent data and the addition of several new indices by the World Bank now permits a broader analysis of regulatory burdens and income performance to be undertaken. Simulations are conducted to quantify potential impacts of deregulation and greater transparency on income performance. Results show that sizeable income gains can result from deregulation.

Creating A Successful Marketing Strategy For Your Small New Business, Stanley F. Stasch

School of Business: Faculty Publications and Other Works

Strategies for marketing small businesses.

According to the Wall Street Journal, 572,900 new businesses were started in the United States in 2003—and 554,800 businesses failed that same year. Perhaps that dismal statistic comes from the fact that more than 95 percent of all small, new businesses make one or more of the four major marketing strategy mistakes identified in this book.

Domestic Violence Or Elder Abuse? Why It Matters For Older Women, Teresa Kilbane, Marcia K. Spira

Social Work: School of Social Work Faculty Publications and Other Works

Law enforcement and legal services are 2 systems that respond to reports of abuse against women through programs such as adult protective services (APS) and domestic violence (DV). APS and DV systems operate independently and define the cause of the abuse differently. The designation of a woman as having suffered domestic violence or having been abused often depends on which system she enters. This designation can lead to different options for women to obtain services. Aging may further complicate access and usability of these systems to respond to the needs of abused elderly. Using vignettes, this article explores the definitions …

Don't Do It Alone: A Community-Based, Collaborative Approach To Pro Bono, Laurie Barron, Suzanne Harrington-Steppen, Elizabeth Tobin Tyler, Eliza Vorenberg

Pro Bono Collaborative Staff Publications

No abstract provided.

Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

All Faculty Scholarship

This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …

Consumer Choice As The Best Way To Recenter The Mission Of Competition Law, Robert H. Lande

All Faculty Scholarship

This article will (1) define the consumer choice approach to competition law or antitrust law and show how it differs from other approaches; (2) discuss the types of situations where a consumer choice focus is likely to make a difference in enforcement outcomes, producing better results than the other paradigms; (3) show that another important advantage of using the consumer choice approach would be to nudge decisions in the right direction; and (4) offer a brief overview of implementation issues.

This is a chapter of a forthcoming ASCOLA book, and is a condensation and update of Neil W. Averitt & …

Supply Chains And Porous Boundaries: The Disaggregation Of Legal Services, Milton C. Regan, Palmer T. Heenan

Georgetown Law Faculty Publications and Other Works

The economic downturn has had significant effects on law firms, and is causing many of them to rethink some basic assumptions about how they operate. In important respects, however, the downturn has simply intensified the effects of some deeper trends that preceded it, which are likely to continue after any recovery that may occur.

This paper explores one of these trends, which is corporate client insistence that law firms “disaggregate” their services into discrete tasks that can be delegated to the least costly providers who can perform them. With advances in communications technology, there is increasing likelihood that some of …

Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa

Cardozo Journal of Equal Rights & Social Justice

The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.

Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang

Articles

This essay looks into recent efforts by the ruling party in China to tighten control of the judiciary, the lawyers and prosecutors under the slogan of "harmonious society" in the last couple of years. This reversed the direction of judicial reform under the leadership of Xiao Yang, during his tenure as President of the Supreme People's Court before 2008. The trouble with the legal profession in China, the essay asserts, is not only that it loses its professional autonomy thus its ability to act as a sociopolitical force that is independent from the ruling political party; but also, by virtue …

Fall 2010

University of Richmond Magazine

No abstract provided.

Richmond Law Magazine: Winter 2010

Richmond Law Magazine

Features:

From Classroom to Courtroom

Civil City

Reinventing Fire

The New Jobs Landscape

Latina/O (Public/Legal) Intellectuals, Social Crises, And Contemporary Social Movements, Marc-Tizoc Gonzáles

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Latcrit Task Force Recommendations: Findings And Recommendations Of A Self-Study Of The Latcrit Board, 2009., Marc-Tizoc González, Yanira Reyes, Belkys Torres, Charles R. Venator-Santiago

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Politics Of Constitutional Review: Evidence From The European Court Of Justice, Michael Malecki

All Theses and Dissertations (ETDs)

Judges who perform judicial review have the extraordinary power to strike down laws that do not conform to their own policy preferences. Their political independence is generally regarded as a normative good. In this work, I consider the microfoundations of judicial preferences and how those preferences interact with institutional independence to determine the policy impact of judicial review. The following argument is developed in the context of the Court of Justice of the European Union: European Court of Justice, or ECJ). Constitutional Courts generally and the ECJ in particular are considered "independent" when they enjoy discretion to act counter to …

Proceedings Of The One Hundred Eleventh Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

Book Notes: Negotiating Justice: Progressive Lawyering Low-Income Clients, And The Quest For Social Change, By Corey S. Shdaimah, Seher Goderya

Osgoode Hall Law Journal

No abstract provided.

Wglt Program Guide, January-February, 2010, Illinois State University

WGLT Program Guides

This guide details programming for WGLT, a public radio station owned by Illinois State University.

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Annual Report 2009-2010, Office Of Sponsored Programs

Annual Reports

No abstract provided.

A Review Of Negotiating Justice: Progressive Lawyering, Low Income Clients, And The Quest For Social Change, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

"How Can You Represent That Man?": Ethics, The Rule Of Law, And Defending The Indefensible, Ramsey Clark

Georgia Law Review

As we meet to discuss legal ethics, we should consider whether the subject as it is usually presented today adequately encompasses the ideal role of the lawyer, beyond zealous advocacy on behalf of clients. For the most part, legal ethics today, through codes of professional conduct, deals with prohibitions intended to protect the public from misconduct by lawyers, oftentimes criminal. Thou shalt not steal, conceal, lie, bear false witness, suborn perjury, or breach client trust. But is this all? Doesn't ethics promise more than this? Ethics-like morality, which has richer connotations in our culture-properly deals not only with what is …

Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra

Articles by Maurer Faculty

The First World War was a pivotal event for American political and economic development, particularly in the realm of public finance. For it was during the war years that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. Like other aspects of war mobilization, this fiscal revolution required an enormous infusion of national administrative resources. Nowhere was this more evident than within the corridors of the U.S. Treasury …

Fee Shifting In Litigation: Survey And Assessment, Avery W. Katz, Chris William Sanchirico

Faculty Scholarship

Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper surveys the economic literature regarding the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the practical situations in which legal fee shifting does and does not arise. Section 3 analyzes the effects of indemnification on the incentives to expend resources in litigated cases. Section 4 examines how indemnification influences the decisions to bring and to defend against suit, and Section 5 assesses its effects on …

Litigation Governance: Taking Accountability Seriously, John C. Coffee Jr.

Faculty Scholarship

Both Europe and the United States are rethinking their approach to aggregate litigation. In the United States, class actions have long been organized around an entrepreneurial model that uses economic incentives to align the interest of the class attorney with those of the class. But increasingly, potential class members are preferring exit to voice, suggesting that the advantages of the U.S. model may have been overstated. In contrast, Europe has long resisted the United States's entrepreneurial model, and the contemporary debate in Europe centers on whether certain elements of the U.S. model – namely, opt-out class actions, contingent fees, and …