Digital Commons Network^™

Brief Of The John Marshall Law School Veterans Legal Support Center & Clinic, The Veterans Legal Assistance Clinic At Thomas Jefferson School Of Law, The Lewis B. Puller, Jr. Veterans Benefits Clinic At The College Of William & Mary, Michael J. Wishnie As Amici Curiae In Support Of Petitioner, Witt V. United States Of America, 131 S.Ct. 3058 (Supreme Court Of The United States 2011) (No. 10-885), John Marshall Law School Veterans Legal Support Center & Clinic, Michael P. Seng, Et Al

Court Documents and Proposed Legislation

No abstract provided.

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practicioners, And Its Clinical Impact On Society--A Paradigm For Change, Ann Marie Cavazos

Journal Publications

Many articles have been written focusing on the benefits that the law students receive from participating in a rigorous program of clinical study early on in their careers. However, little focus has been given to the clients who participate in law school clinics. Most of the time these clients are poor and minorities with few, if any, options for legal representation. In general, law student clinical work has been confined to local clients with local issues. Even law schools that handle national issues have clients that are local and the issues that give rise to the national representation occur locally. …

The Role Of Public Comment In The Administrative Agency Process: A Case Study Of The Rulemaking Process Of One South Dakota Agency, Patrick Garry, Candice J. Spurlin, Jami Bishop, Logan Hollers, Joseph Boyle

Faculty Publications

No abstract provided.

Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay

Hofstra Law Review

No abstract provided.

The Family Law Canon In A (Post?) Racial Era, Shani M. King

UF Law Faculty Publications

While the debate about a post-racial society rages, our justice system continues to operate in a way that is race-conscious. It seems as though most of the discussion about race and the justice system concerns criminal justice, juvenile justice, education, and immigration. But race consciousness also impacts family law. Nonetheless, the family law canon does not scrutinize race-based disparities in laws, procedures, and outcomes, and that omission feeds a mistaken notion of a race-blind or a post-racial society. One consequence of this omission is that it obscures race-based decision making by legislatures, judges, legal reform organizations, legal scholars, lawyers, and …

Fee-Shifting To Promote The Public Interest In Maryland

University of Baltimore Law Forum

No abstract provided.

If All You Have Is A Hammer: Society's Ineffective Response To Intimate Partner Violence, Thomas L. Hafemeister

Catholic University Law Review

No abstract provided.

Jobs Americans Won't Do: Our Farming Heritage, Hazardous Harvests, And A Legislative Fix, Matthew Webster

Minnesota Journal of Law & Inequality

No abstract provided.

The Impact Of Trial Consultants On Perceptions Of Procedural Justice And Juror Verdicts: An Empirical Investigation, Jennifer Burke Katz

Dissertations, Theses, and Capstone Projects

Despite the proliferation of the trial consulting industry in recent years, we know virtually nothing about the impact that the use of a trial consultant may have on a jury. This laboratory study seeks to fill some of the gaps in the trial consulting literature by using the principles of procedural justice to explore what, if any, impact the use of a trial consultant can have on the outcome of a criminal jury trial, as well as the possibility that perceptions of fairness mediate the relationship between the balance of trial consultants and juror verdicts in cases where the evidence …

State Courts And Constitutional Socio-Economic Rights: Exploring The Underutilization Thesis, Helen Hershkoff, Stephen Loffredo

Faculty Articles

The article focuses on the state constitutional socio-economic rights in the U.S. under the decisions of state courts. It analyzes the subnational underutilization thesis of state-constitutions related to protection of rights against the government and U.S. judicial enforcement of rights. It informs that the U.S. state courts use common law to develop remedial strategies for enforcement of the rights.

The Stability Of Offshore Outsourcing Relationships: The Role Of Relation Specificity And Client Control, Stephan Manning, Arie Y. Lewin, Marc Schuerch

Management and Marketing Faculty Publication Series

Offshore outsourcing of administrative and technical services has become a mainstream business practice. Increasing commoditization of business services and growing client experience with outsourcing have created a range of competitive service delivery options for client firms. Yet, data from the Offshoring Research Network (ORN) suggests that, despite increasing market options and growing client quality and cost efficiency expectations, clients typically renew provider contracts and develop longer-term relationships with providers. Based on ORN data, this paper explores drivers of this phenomenon. The findings suggest that providers promote contract renewal by making client specific investments in software, IT infrastructure and training, and …

The Impact Of Cultural And Environmental Factors On The Experiences Of Survivors Of Gendered Violence In The African American Community, Alana Fields

All Theses and Dissertations (ETDs)

I propose to examine cultural factors mediating silence surrounding “gendered violence” in the African American community, utilizing St. Louis as a case study. I hypothesize that two phenomenon are in play, “Black Male Privilege” in conjunction with “collectivism”. I expect to demonstrate that - using an ethnographic methodology - these phenomena work to create and normalize a climate of silence relating to gendered violence. I suggest that these phenomena also work to perpetuate a culture of acceptability about gendered violence and preclude the understanding of the dynamic intersection of race, gender and class which cause insufficient access to culturally sensitive …

Speaking The Part - Is Black English In The Workplace A Detriment To Climbing The Corporate Ladder? A Sociolinguistic Study Regarding Black English In The Workplace, Kanika Nicole Jackson

Wayne State University Theses

This study aims to explore how African Americans who speak Black English (BE), particularly members of Generation X, function communicatively in corporate America, where the dominant language spoken is Standard American English (SAE). Much of the literature theorized African Americans as being resistant to speaking SAE in mainstream settings in fear of compromising their identities or "acting white." Using in-depth interviews with six African Americans across the country who work in corporate America, this study examines their lived communicative experiences in the workplace and how they learned language balance (the ability to codeswitch).

With data compiled into case studies and …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Virginia Rowthorn, Ellen A. Callegary

Faculty Scholarship

No abstract provided.

Law Library Budgets In Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter

Faculty Scholarship

This article begins by looking at the environment of the academic law library of the twenty-first century, followed by an analysis of the current economic climate and an assessment of how these difficult economic times will affect academic law libraries. The next section discusses strategies a law library director can marshal to manage a multimillion-dollar budget in face of reduced resources. Focusing in on the institution's own budget and accounting framework, creative thinking, and planning for use of resources can have successful and innovative outcomes for law libraries and the schools they support. Finally tools and strategies that can help …

The Law And Economics Of Legal Parochialism, Nuno Garoupa

Faculty Scholarship

Law and economics is influential in U.S. legal scholarship, but not as much elsewhere. Different explanations have been suggested for this. In this Article, I argue that the problems faced by law and economics outside of the United States are neither particular to the field nor to the local context. I offer an interpretation based on the similarities between legal parochialism and trade protectionism. A tentative prediction is that globalization in legal markets might change the current patterns.

Countering Religion Or Terrorism: Selective Enforcement Of Material Support Laws Against Muslim Charities, Sahar F. Aziz

Faculty Scholarship

No abstract provided.

The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron

Articles, Book Chapters, & Popular Press

In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate …

Examining The Reality Of Foreign National Child Victims Of Human Trafficking In The United States, Bridgette A. Carr

Articles

Human traffickers prey on the vulnerabilities of other people. Poverty, lack of education, and language barriers are keys that human traffickers use to successfully exploit others. For foreign national children who have been trafficked in the United States, these same vulnerabilities are often ignored by the immigration system. From its inception, the Trafficking Victims Protection Act (TVPA) has been touted as a tool to combat grave human rights violations that affect children. In fact, the TVPA's legislative history is rife with stories, statistics, and anecdotes involving children-often young girls. The TVPA has always recognized the failure of a one-size-fits-all approach …

The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow

Articles

Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor John Pottow and colleagues recently assembled the new dataset of the Consumer Bankruptcy Project (CBP), the largest national sample of consumer debtors in this country, which he uses to explore the sources of elder bankruptcy. The findings are both striking and ominous. While multiple factors, such as health problems and medical debts, contribute to …

The Bison: 2011: Part 1, Howard University

Howard University Yearbooks

This digital object was funded in part through a grant from the Andrew W. Mellon Foundation. The digitalization of this object was part of a collaborative effort with the Washington Research Library Consortium and George Washington University.

Financial Stability Is A Volume Business: A Comment On 'The Legal Infrastructure Of Ex Post Consumer Debtor Protections', Anna Gelpern

Fordham Urban Law Journal

In this response to Professor Melissa B. Jacoby's "The Legal Infrastructure of Ex Post Consumer Debtor Protections," the author expands the scope of the household debt discussion beyond the consumer level and examines the effect that a fragmented infrastructure for legal service delivery can have on financial stability nationwide.

Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan

Faculty Scholarship

The combination of current economic conditions and recent changes in the United States' welfare system makes representation of unemployment insurance claimants by clinic students a timely learning opportunity. While unemployment insurance claimants often share similarities with student attorneys, they are unable to access justice as easily as student attorneys, and as a result, face the risk of severe poverty. Clinical representation of unemployment claimants is a rich opportunity for students to experience making a difference for a client, and to understand the issues of poverty and justice that these clients experience along the way. These cases reveal that larger lessons …

Using Human Rights Mechanisms Of The United Nations To Advance Economic Justice, Risa E. Kaufman, Joann Kamuf Ward

Human Rights Institute

As a growing number of social justice lawyers employ human rights standards and strategies to advocate for their clients. human rights mechanisms of the United Nations have become a promising way for lawyers to work toward economic justice. These mechanisms are not only an alternative to traditional litigation and administrative advocacy but also unique opportunities for collaboration among U.S. civil society groups and engagement with policymakers. Because they are grounded in international human 1ights norms. human rights mechanisms have the potential to deal with social and economic issues beyond the reach of traditional domestic protections. By strategically using these mechanisms. …

Smokejumper Magazine, January 2011, National Smokejumper Association

Smokejumper and Static Line Magazines

Hope - Best Tool (LeRoy Cook), Interview with Bob Nicol (Historic Project Coldfeet), Remembering Al Dunton, Farewell For Al Dunton.

The True Costs Of Not Paying Your Property Taxes In Ohio, Charles D. Rittenhouse

University of Dayton Law Review

No abstract provided.

Judge Thompson And The Appellate Court Confirmation Process, Carl W. Tobias

Law Faculty Publications

Judge 0. Rogeriee Thompson's appointment to the United States Court of Appeals for the First Circuit was an historic moment, as she became the tribunal's first African American member. The Senate confirmed her in five months on a 98-0 vote, more expeditiously than any of President Barack Obama's other appellate nominees. Indeed, Fourth Circuit nominee Judge Albert Diaz waited thirteen months for approval. The slow pace of judicial confirmation demonstrates that the charges and recriminations, the partisanship and the serial paybacks, which have infused appointments for two decades, remain. Judge Thompson's confirmation, accordingly, deserves celebration and recounting. It both illuminates …

Promoting Safeguards Through Detention Visits, Claudio Grossman, Brenda V. Smith, Ariela Peralta, Suzanne Jabbour, Alison A. Hillman De Velasquez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Reflections, Asil Newsletter, William James Adams, Susam Baer, Lee C. Bollinger, Jacques Bourgeois, David D. Caron, Roger C. Cramton, Tomas Dumbrovsky, Claus-Dieter Ehlermann, Rosalyn Higgins, Nicholas Calcina Howson, Jon Henry Kouba, Panos Koutrakos, Peter Kresák, Hans Christian Krüger, Jeffrey S. Lehman, Pierre Mathijsen, William I. Miller, John A.E. Pottow, Li Qian, John Reitz, Gerald M. Rosberg, Joseph L. Sax, Detlev Vagts, Michel Waelbroeck, John M. Walker

Faculty Scholarship

The American Society of International Law Committee recommended that the Manley 0. Hudson Medal be awarded to Professor Eric Stein for his lifetime of significant contributions to international and comparative law. Stein, the Hessel E. Yntema Professor of Law, Emeritus, at the University of Michigan Law School, had been an active supporter of ASIL as Honorary Vice President, Counsellor, and Honorary Editor of, and frequent contributor to, the American Journal of International Law. His many books and articles established him as a leading thinker and writer on European Community law and on what he described in a famous article …