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2011

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Improving Clinical Judgment In Lawyering With Multidisciplinary Knowledge About Brain Function And Human Behavior: What Should Law Students Learn About Human Behavior For Effective Lawyering?, Beryl Blaustone Jan 2011

Improving Clinical Judgment In Lawyering With Multidisciplinary Knowledge About Brain Function And Human Behavior: What Should Law Students Learn About Human Behavior For Effective Lawyering?, Beryl Blaustone

University of Baltimore Law Review

No abstract provided.


Lawyer-Assistance-Program Attorneys And The Practice Of Therapeutic Jurisprudence, David B. Wexler Jan 2011

Lawyer-Assistance-Program Attorneys And The Practice Of Therapeutic Jurisprudence, David B. Wexler

Court Review: Journal of the American Judges Association

In my recent book, Rehabilitating Lawyers: Principles of Therapeutic Jurisprudence for Criminal Law Practice, I sought to provide lawyers and other professionals engaged in the practice of criminal law a collection of practical and comprehensive materials that could help them achieve better results as well as greater satisfaction with their clients and cases. At least one of the contributors to the book also had some connection to a lawyer-assistance program—a program that helps lawyers having problems with drugs, alcohol, and mental illness. Such lawyers are now helped immensely by such programs in all states, and the lawyers in turn …


Index To The Senate Journal State Of Colorado: Sixty-Eighth General Assembly First Regular Session, Colorado General Assembly Jan 2011

Index To The Senate Journal State Of Colorado: Sixty-Eighth General Assembly First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Of The Conditional Fee As A Response To Lawyers, Claire Hill, Richard W. Painter Jan 2011

Of The Conditional Fee As A Response To Lawyers, Claire Hill, Richard W. Painter

Articles

There are radically differing views as to whether Dodd-Frank took the right approach, and whether it will be successful or even beneficial. But even the most optimistic scenario leaves a significant problem unaddressed. One important cause of the crisis was that some banks and their lawyers had been looking for-and finding-clever ways to honor the letter of the law while violating its spirit, including by "pushing the envelope" as far as it will go (and in some cases, further). The legal opinion rendered in Lehman Brothers' Repo 105 transaction, discussed more fully below, is but one example of the type …


The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer Jan 2011

The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer

Articles

This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the …


Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, Alberto Bernabe Jan 2011

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, Alberto Bernabe

Loyola University Chicago Law Journal

No abstract provided.


Pro Se Litigation In Times Of Financial Hardship--A Legal Crisis And Its Solutions, Richard W. Painter Jan 2011

Pro Se Litigation In Times Of Financial Hardship--A Legal Crisis And Its Solutions, Richard W. Painter

Articles

This article discusses recent ABA reports on pro se legal representation and changes to the Rules of Professional Conduct that give lawyers more flexibility in assisting pro se litigants. Because many pro se representations are in family law cases, the article emphasizes the difficulties of pro se litigants in family court. The article then proposes that unauthorized practice of law restrictions be liberalized to allow on-line providers to sell legal forms, assistance with completion of those forms and other law related services. The benefits of allowing such non-lawyer providers entry into the market for legal services outweigh the potential compromise …


Cost Savings As Proceeds Of Crime: A Comparative Study Of The United States And The United Kingdom, Richard C. Alexander Jan 2011

Cost Savings As Proceeds Of Crime: A Comparative Study Of The United States And The United Kingdom, Richard C. Alexander

The International Lawyer

No abstract provided.


Concerning The Repeal Of House Bill 10-1192 Regarding The State Sales And Use Tax Of Standardized Software On July 1, 2012., Colorado General Assembly Jan 2011

Concerning The Repeal Of House Bill 10-1192 Regarding The State Sales And Use Tax Of Standardized Software On July 1, 2012., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Regulatory Agencies., Colorado General Assembly Jan 2011

Concerning A Supplemental Appropriation To The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Supplemental Appropriation To The Department Of Local Affairs., Colorado General Assembly Jan 2011

Concerning Supplemental Appropriation To The Department Of Local Affairs., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Personnel And Administration., Colorado General Assembly Jan 2011

Concerning A Supplemental Appropriation To The Department Of Personnel And Administration., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of State., Colorado General Assembly Jan 2011

Concerning A Supplemental Appropriation To The Department Of State., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The "Uniform Debt-Management Services Act"., Colorado General Assembly Jan 2011

Concerning The "Uniform Debt-Management Services Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Regulation Of Direct-Entry Midwives, And, In Connection Therewith, Implementing The Sunset Review Recommendations Of The Department Of Regulatory Agencies, And Making An Appropriation., Colorado General Assembly Jan 2011

Concerning The Regulation Of Direct-Entry Midwives, And, In Connection Therewith, Implementing The Sunset Review Recommendations Of The Department Of Regulatory Agencies, And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


The Value Of “Thinking Like A Lawyer”, Michelle M. Harner Jan 2011

The Value Of “Thinking Like A Lawyer”, Michelle M. Harner

Maryland Law Review

No abstract provided.


Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander Jan 2011

Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander

Maryland Law Review

No abstract provided.


Us Anti-Trafficking Program . . . Rearranging Deck Chairs On The Titanic???, Linda Brandmiller Jan 2011

Us Anti-Trafficking Program . . . Rearranging Deck Chairs On The Titanic???, Linda Brandmiller

Annual Interdisciplinary Conference on Human Trafficking: 3rd (2011)

The significant financial investment that the US government continues to make in its anti-trafficking program should be yielding much greater results by now. Instead, there has not been a considerable increase in victims identified (despite data suggesting this is a significant problem) nor has there been an increase in the number of international trafficking victims that have been granted a T-Visa (despite over ten years in existence). Two years ago at this conference I presented “Which Comes First, the Smuggling or the Trafficking?” At that time, I explained that the Immigration Department of Catholic Charities San Antonio has been identifying …


Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly Jan 2011

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Continuation Of The State Board Of Optometric Examiners, And, In Connection Therewith, Changing The Name Of The Board, Implementing The Sunset Review Recommendations Of The Department Of Regulatory Agencies, And Making An Appropriation., Colorado General Assembly Jan 2011

Concerning The Continuation Of The State Board Of Optometric Examiners, And, In Connection Therewith, Changing The Name Of The Board, Implementing The Sunset Review Recommendations Of The Department Of Regulatory Agencies, And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Continuation Of The State Board Of Veterinary Medicine, And, In Connection Therewith, Implementing The Recommendations Contained In The Sunset Review Of The Board And Its Functions, And Making An Appropriation., Colorado General Assembly Jan 2011

Concerning Continuation Of The State Board Of Veterinary Medicine, And, In Connection Therewith, Implementing The Recommendations Contained In The Sunset Review Of The Board And Its Functions, And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert R. Statchen, Anthony J. Luppino, William A. Kell Jan 2011

Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert R. Statchen, Anthony J. Luppino, William A. Kell

Faculty Works

This Article represents a panel presentation on interdisciplinary work in law school transactional courses. The Authors’ focus is on the Small Business Clinic at Western New England University School of Law. Topics covered are: interdisciplinary work and the classroom, professional liability and competency issues in rendering services through a clinic, culture class issues, ethical dilemmas, delivering professional products to the client, and co-curricular opportunities.


A Research Agenda For International Law Librarianship, Barbara H. Garavaglia Jan 2011

A Research Agenda For International Law Librarianship, Barbara H. Garavaglia

Book Chapters

The goal of the Research Agenda for International Law Librarianship is to suggest research priorities for law librarians around the world. It is hoped that the Agenda, created by the Board of the International Association of Law Libraries (IALL) will inspire creative thinking and stimulate research, publication and educational programmes by law librarians and legal information professionals on the most important topics, issues, trends and developments in the field.


Provider-Related Barriers To Accessing Emergency Contraception In Developing Countries: A Literature Review, Katherine Williams Jan 2011

Provider-Related Barriers To Accessing Emergency Contraception In Developing Countries: A Literature Review, Katherine Williams

Reproductive Health

This systematic literature review aims to identify and describe existing provider-related barriers to accessing emergency contraception (EC) in developing countries, as well as the prevalence of these barriers and documented research programs to address them. Findings from this review will contribute to specific recommendations on provider attitudes and behaviors related to emergency contraception and inform the development of a global advocacy strategy to increase access to the method.


Marketplace Of Ideas 2.0: Excluding Viewpoints To Include Individuals, Robert Luther Iii Jan 2011

Marketplace Of Ideas 2.0: Excluding Viewpoints To Include Individuals, Robert Luther Iii

UC Law Constitutional Quarterly

What are the implications of the Christian Legal Society v. Martinez decision? First, in ruling that public universities may require that all recognized student organizations permit any and "all comers" to be eligible for all offices of the organization, the Court issued a narrow rule that is praiseworthy for its clarity but for little else. Second, and on the issue of precedent, it is worth noting that by ratifying Hastings' "all-comers" policy, the Court overlooked numerous precedents and historical facts that recognize the rights of students to associate with those of similar beliefs on campus and free of university-imposed burdens. …


The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson Jan 2011

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Faculty Publications

Third-party litigation finance is a growing industry. The practice, also termed “litigation lending,” allows funders with no other connection to the lawsuit to invest in a plaintiff’s claim in exchange for a share of the ultimate recovery. Most funding agreements have focused on domestic litigation in Australia, the United Kingdom, and the United States. However, the industry is poised for growth worldwide, and the recent environmental lawsuit brought by Ecuadorian plaintiffs against Chevron demonstrates that litigation funding is also beginning to play a role in transnational litigation.

This article, prepared for a symposium on “International Law in Crisis,” speculates about …


A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson Jan 2011

A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson

Faculty Publications

International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the success or failure of …


Dialogue, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty Jan 2011

Dialogue, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty

Department of Management: Faculty Publications

In a recent Academy of Management Review article, Professor Andrew von Nordenflycht (2010) focused on defining professional service firms (PSFs). In the article von Nordenflycht argues that past research leaves the term professional service firms either undefined or at best provides only examples, such as law firms, accounting firms, "etc." In addition, he argues that while most scholars agree that law firms and accounting firms fit the "definition" of PSFs, there is "little consensus on what the 'etc.' refers to. Does it include ad agencies? Physician practices? Software firms? Why or why not?" (2010: 155). The author's contributions include …


Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund Jan 2011

Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund

Villanova Law Review (1956 - )

The article discusses federalism and the participation of the U.S. in the intergovernmental private law unification process as of July 2011, focusing on the Hague Conference on Private International Law, the role of the U.S. State Department in facilitating changes to state laws in the U.S., and the view of the U.S. towards private international law (PIL) conventions. The United Nations (UN) Commission on International Trade Law (UNCITRAL) is also mentioned.


On Saving The Death Penalty: A Comment On Adam Gershowitz's Statewide Capital Punishment, Eric Berger Jan 2011

On Saving The Death Penalty: A Comment On Adam Gershowitz's Statewide Capital Punishment, Eric Berger

Vanderbilt Law Review En Banc

No abstract provided.