Digital Commons Network^™

"A Charmed Life": In Memory Of Francis J. Conte, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

The North Carolina Association Of Women Attorneys: Creating Camaraderie, Nurturing Leaders, And Protecting The Rights Of Women, Carolyn Mcallaster, Jennifer Brobst

Faculty Scholarship

No abstract provided.

Public Funding Of Judicial Campaigns: The North Carolina Experience And The Activism Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

In recent years, the problem of selecting judges to sit on the highest state courts has become a national crisis. North Carolina remains among the states whose constitutions require competitive elections of all its judges. Presently, all candidates for its judicial offices must first compete for election in a non-partisan primary, a system motivated by the desire to maximize the power of the state’s citizen-voters to choose their judges and hold them accountable for their fidelity to the law. Some observers have continued to celebrate such judicial elections as an honorable democratic empowerment, while others have not. The disagreement has …

Viewpoint Neutrality And Government Speech, Joseph Blocher

Faculty Scholarship

Government speech creates a paradox at the heart of the First Amendment. To satisfy traditional First Amendment tests, the government must show that it is not discriminating against a viewpoint. And yet if the government shows that it is condemning or supporting a viewpoint, it may be able to invoke the government speech defense and thereby avoid constitutional scrutiny altogether. Government speech doctrine therefore rewards what the rest of the First Amendment forbids: viewpoint discrimination against private speech. This is both a theoretical puzzle and an increasingly important practical problem. In cases like Pleasant Grove City, Utah v. Summum, the …

Failure Of Trade Liberalization: A Study Of The Gats Negotiation, Christopher F. Thornberg Ph D, Frances L. Edwards J.D.

Journal of International Business and Law

No abstract provided.

Christian Legal Society V. Martinez: Six Frames, Toni M. Massaro

UC Law Constitutional Quarterly

In Christian Legal Society v. Martinez, the United States Supreme Court upheld the Hastings Law School registered student organization ("RSO") policy, which required that all student groups comply with a nondiscrimination condition on RSO status and benefits. Viewing the case as a matter of government benefits, the Court held that the Christian Legal Society ("CLS") was obliged to comply with an "all-comers" condition on access to benefits, despite the burden on CLS members' expressive associational, free speech and religious freedom to organize around religious beliefs. According to the Court, the policy was a reasonable and viewpoint neutral condition on access …

How Equality Constitutes Liberty: The Alignment Of Cls V. Martinez, Julie A. Nice

UC Law Constitutional Quarterly

Across the constitutional doctrines protecting individual liberty from governmental interference, judicial inquiry often focuses on the unequal infringement of liberty. Many of the most important individual rights have emerged from the synergy between equality and liberty. But the Court has not yet provided any framework for understanding the various ways that liberty and equality interrelate. Neither has any consensus developed around any scholarly attempt to understand the relationship between liberty and equality. Without any grand theory, the search for understanding this important relationship is thus left to induction, as scholars examine one case at a time to glean both specific …

International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry

Faculty Scholarly Works

This article identifies a number of international initiatives that have contributed to, reflect, or facilitate global higher education mobility. The article begins by presenting statistics about global higher education mobility. The sections that follow address a number of “hard law” and “soft law” international initiatives that promote such mobility. The initiatives discussed in the article include, inter alia, European Union initiatives, the Bologna Process which led to the creation of the European Higher Education Area, and higher education initiatives of the Asia Pacific Economic Cooperation (APEC), the World Trade Organization, the United Nations, and the Organization of Economic Cooperation and …

The Anticipation Misconception, Colin P. Marks

Faculty Articles

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 …

Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler

Barry Law Review

No abstract provided.

In Pursuit Of Justice? Case Outcomes And The Delivery Of Unbundled Legal Services, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

In the United States today, an estimated eighty percent of the legal needs of the poor go unmet. The Supreme Court has repeatedly identified access to the courts as a fundamental constitutional right, but a lack of affordable legal counsel has shattered the promise of this right for low-income individuals. There is widespread consensus that this “justice gap” between rich and poor litigants threatens the credibility of the justice system, undermines public confidence in the law, and distorts the accuracy of judicial decision-making.

The provision of “unbundled” legal aid has been this decade’s response to the severe shortage of lawyers …

Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin

Faculty Articles and Papers

As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, …

In The Matter Of The Discipline Of Donald D. Gilbert, Jr., Sbn 6733 V. Utah Down's Syndrome Foundation, Inc., A Utah Not For Profit Corporation : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Interlocutory Appeal from the Fourth Judicial District, Utah County, State of Utah The Honorable Fred D. Howard.

Supernova Media V. Pia Anderson Dorius Reynard And Moss Llc, A Utah Limited Liability Company V. Kelly H. Nelson, An Individual, Et Al. : Brief Of Appellee Pia Anderson Dorius Reynard & Moss Llc, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an Order of Dismissal with Prejudice and Upon the Merits entered by The Honorable Glenn K. Iwasaki Third Judicial District Court of Salt Lake County, State of Utah.

Susie Strohm And Dorsey & Whitney, Llp, V. Clearone Communication : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE ORDERS AND JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, HONORABLE ROBERT K. HILDER, CASE NO. 080917500

Florida School Indicator Report Data As Predictors Of High School Adequate Yearly Progress (Ayp), John D. Carr

Electronic Theses and Dissertations

The focus of this research was to identify variables reported in the 2008-2009 Florida School Indicator Report (FSIR) that had a statistical impact, positive or negative, on the likelihood that a school would achieve Adequate Yearly Progress (AYP) in reading or mathematics using the logistic regression technique. This study analyzed four broad categories reported by the FSIR to include academic, school, student, and teacher characteristics. FSIR and AYP data was collected for 468 Florida high schools that were categorized by the Florida Department of Education as presenting a comprehensive curriculum to grades 9-12 or grades 10-12. It was determined in …

Successes And Challenges Of The Haiti Earthquake Response: The Experience Of Usaid, Paul E. Weisenfeld

Emory International Law Review

The Haiti relief and reconstruction effort continues to be complex, presenting the difficult task of allocating limited human and financial resources between immediate humanitarian needs and long-term sustainable development solutions, which are intended to address Haiti's underlying problems. The ultimate measure of success for the relief and reconstruction effort will be the strength of Haitian institutions that the USG and international community leave behind. This Article focuses on the U.S.-led response, which demonstrated how present laws and practices are effective in responding to highly complex and large-scale natural disasters and highlighted potential areas for improvement.

Ending The Revolving Door Syndrome In Law, Luis J. Diaz, Patrick C. Dunican Jr.

Seton Hall Law Review

No abstract provided.

Innkeepers: A Unifying Theory Of The In-House Counsel Role, Omari Scott Simmons, James D. Dinnage

Seton Hall Law Review

No abstract provided.

2011 Cardozo Life (Issue 2), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

The Innocence Project at 20, page 4

Are You a Gladiator or a Peacemaker?, page 8

Top News & Events, Class Notes, page 12

News from Programs, Centers & Journals, page 16

Faculty Briefs, page 23

And… Action! The Indie Film Clinic’s First Scene, page 26

Immigration Justice: From Both Sides, page 28

Filling the Justice Gap, page 30

Alumni News & Advancement, page 34

Endnote, page 42

Looking Back, page 44

Creditors’ Contempt., Lea Krivinskas Shepard

Faculty Publications & Other Works

This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as "debtor's examinations," "turnover orders," "citations to discover assets,' "supplementary proceedings," "proceedings supplementary," and "proceedings in aid of execution," in personam remedies force the debtor, under threat of the court's contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court's contempt authority can result in a debtor's imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …

Experiential Learning In The First Year Curriculum: The Public Interest Partnership, Nantiya Ruan

Scholarly Works

The newest learning initiatives in legal education focus much attention on the necessity for teachers to support students' development of professional identity, including "civic professionalism,"which" link[s] the interests of educators with the needs of practitioners and with the public the profession is pledged to serve." See William M. Sullivan et al., Educating Lawyers: Preparation for the Profession of Law (2007). With that movement in mind, for the past five years in my legal research and writing (LRW) class, my students have partnered with non-profit organizations to provide them with legal research and advocacy documents to further the organization's public interest …

2011-2012 Law School Catalog, Southern Methodist University, Dedman School Of Law

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

Responding To Foreclosures In Cuyahoga County, 2010 Evaluation Report January 1, 2010 Through December 31, 2010, Kathryn W. Hexter, Molly Schnoke

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

Women's Social Networking: Steps That Organize Low-Technology Users With Emergency Needs, Jon O. Gary

Theses and Dissertations

The purpose of the study was for the researcher to develop and have evaluated the content, organization and ease of use of a computer-training program Emergency Response Quick Start book based on Information and Communication Technology environmental designs. This book was most notably based on underutilized women social networking traditions (food recipe/ meal preparation, and service). One research objective guided the development and evaluation of this training program: 1. This study provided an opportunity for a group of urban adults to evaluate, clarify, and test the ease of use of this computer-training program Emergency Response Quick Start book. The 14 …

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

Georgetown Law Faculty Publications and Other Works

Professor Melissa B. Jacoby's essay pays homage to Stewart Macaulay's classic study of the Magnuson-Moss Warranty Act, a U.S. federal consumer protection law that, according to Macaulay, was virtually unknown to the lawyers whose clients needed it the most. The moral of Macaulay's study is that even good consumer protection laws on the books often fail to deliver in action for complex cultural, institutional, and economic reasons. Yet reducing Professor Jacoby's essay to this very important moral undersells its contribution. A fragmented infrastructure for legal service delivery of the sort she describes does not merely fail consumers more often than …

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

Faculty Scholarship

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.

Anti-War & Anti-Gitmo: Military Expression And The Dilemma Of Licensed Professionals In Uniform, Michael J. Lebowitz

Case Western Reserve Journal of International Law

No abstract provided.

A Ten-Year Retrospective On The Law And The War On Terrorism: The Role Of Army Reserve Citizen-Lawyers, Gill P. Beck Maj. Gen.

Case Western Reserve Journal of International Law

No abstract provided.

Concealing Danger: How The Regulation Of Cosmetics In The United States Puts Consumers At Risk, Rajiv Shah, Kelly E. Taylor

Fordham Environmental Law Review

No abstract provided.