Digital Commons Network^™

Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik

Faculty Scholarship

This Article begins to synthesize the literature criticizing the current state of legal education with the scholarship proposing solutions, and argues that whatever review is undertaken must be expansive, with a careful and critical look at how each piece supports the endeavor. None of the ideas discussed, taken alone, are novel, as scholarship abounds on all of the topics. Considered together, the analysis suggests that a comprehensive and holistic approach to reform is necessary. In essence, the goal is to catalyze a wholesale reconsideration of the very foundation of legal education. Many of the seemingly disparate themes comprise a Gordian …

Clinicians, Practitioners, And Scribes: Drafting Client Work Product In A Small Business Clinic, Robert Statchen

Faculty Scholarship

The recent and rapid growth of transactional clinics, and more specifically small business clinics (SBCs), mandates that time and attention be given to pedagogical methods within this specialized clinical structure. This Article focuses on the drafting component of an SBC. It is often asserted that legal education does not effectively provide students with business-oriented, practical skills training. At the heart of an SBC, is the necessity to prepare appropriate written client work product. SBCs also provide an excellent opportunity for students to acquire interviewing, researching, drafting, counseling, problem-solving, and other areas of expertise. This Article attempts to provide a process …

On The Road To Civil Gideon: Five Lessons From The Enactment Of A Right To Counsel For Indigent Homeowners In Federal Civil Forfeiture Proceedings, Louis S. Rulli

Journal of Law and Policy

No abstract provided.

Juvenile Justice Reform 2.0, Tamar R. Birckhead

Journal of Law and Policy

No abstract provided.

Beyond The Bedside: A Human Rights Approach To Adolescent Health, Jonathan Todres

Journal of Law and Policy

No abstract provided.

David H. Getches: 1942-2011, James N. Corbridge Jr.

Publications

No abstract provided.

Foreword: Advances In The Behavioral Analysis Of Law: Markets, Institutions, And Contracts, Avishalom Tor

Journal Articles

Avishalom Tor, Special Editor

The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law in Israel. The conference addressed cutting-edge legal issues at the intersection of law, economics, and psychology from a diverse set of viewpoints, bringing together scholars engaged in both theoretical and experimental behavioral analyses of law.

Spanish Newspaper Coverage Of The Burka Ban : Frames And Their Interpretations, Tetiana Vaskivska

Theses and Dissertations

No abstract provided.

The Effect Of Location Based Tax Incentives On Establishment Location And Employment Across Industry Sectors, Andrew R. Hanson, Shawn Rohlin

Economics Faculty Research and Publications

This article examines the potential for location-based employment tax incentives to have a differential effect on establishment location and employment across industry sectors. The authors model the differential effect of the location-based federal Empowerment Zone (EZ) wage tax credit on equilibrium labor and total cost savings across industry sectors. The model guides the empirical work, as the authors test the effect of the program across industry sectors. The empirical analysis shows that location-based tax incentives have a positive effect on firm location in some of the industries their model predicts and a negative effect in industries that could be crowded …

Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii

All Graduate Theses, Dissertations, and Other Capstone Projects

What local government officials, administrators, and staff can expect and how to can help in the aftermath of a peace officer’s line-of-duty death within their community.

Bias In The Classroom, One Degree Removed: The Story Of Turner V. Stime And Amicus Participation, Robert S. Chang

Faculty Articles

This article summarizes a recent amicus brief written by the Korematsu Center. It describes a Spokane, Washington medical malpractice case where juror racial bias toward a party’s attorney was used as direct evidence. It describes the momentum and mobilization of the amicus brief, and the success in the appellate courts. It is offered as a model for how law school clinics can engage in effective advocacy to help democratize the courts.

Neither A Model Of Clarity Nor A Model Statute: An Analysis Of The History, Challenges, And Suggested Changes To The “New” Article 120, Hon. Jack Nevin, Joshua R. Lorenz

Faculty Articles

No abstract provided.

The Changing Face Of Legal Education: Its Impact On What It Means To Be A Lawyer, Thomas D. Morgan

GW Law Faculty Publications & Other Works

In recent years, it has become less clear what it means to be a lawyer. Current efforts by the ABA to change accreditation standards for U.S. law schools make it important to think about the ways in which lawyers have common qualities. This paper considers both the changes in law practice and what they are likely to mean for U.S. law schools as they try to equip lawyers for the new reality.

Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan

GW Law Faculty Publications & Other Works

It is appropriate to want lawyers to be mature, moral people and to help legal education reinforce those qualities. It is also appropriate to be sure students understand lawyers’ fiduciary responsibilities and the ways lawyers fall short of meeting them. It only confuses work on those issues, however, to call them part of teaching "professionalism." Law is not a "profession" as that term has traditionally been used. Calling law a profession does not help understanding the challenges lawyers face.

Old Lessons For A New World: Applying Adoption Research And Experience To Art, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This article suggests that knowledge derived from adoption-related research and experience can be used to improve law, policy and practice in the world of assisted reproductive technologies (ART), particularly with respect to sperm, egg and embryo "donations." While there are numerous and significant differences between adoption and ART, the article identifies several areas in which adoption's lessons could be useful. These include secrecy and the withholding of information; a focus on the best interests of children; the creation of "nontraditional" families, particularly as more single, gay and lesbian adults use ART; the impact of market forces; and legal and regulatory …

Cooperative Legalism And The Non-Americanization Of European Regulatory Styles: The Case Of Data Privacy, Francesca Bignami

GW Law Faculty Publications & Other Works

European countries have experienced massive structural transformations over the past twenty-five years with the privatization of state-owned industries, the liberalization of markets, and the rise of the European Union. According to one prominent line of analysis, these changes have led to the Americanization of European regulatory styles: previously informal and cooperative modes of regulation are becoming adversarial and litigation-driven, as in the American system. This article explores the Americanization hypothesis with a structured comparison of data privacy regulation in four countries (France, Britain, Germany, and Italy) and a review of three other policy areas. It finds that European regulatory systems …

Dialogue Magazine, Winter 2011

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Re-Imagining The Human Rights Law Clinic, Arturo J. Carrillo, Nicolas Espejo Yaksic

GW Law Faculty Publications & Other Works

This article, co-authored with Chilean law professor Nicolás Espejo, engages the debate in U.S. clinical circles about how best to configure an international human rights law clinic, given that such clinics are widely perceived to be substantially different from their domestic law counterparts. This perception has led many U.S. human rights clinicians to favor the non-legal dimension of human rights advocacy in their teaching, such as fact-finding and reporting. In this context, we address a number of threshold questions: How different are clinics of the human rights variety from more traditional models that center on providing legal services to clients? …

Undervaluing Indeterminacy: Translating Social Science Into Law, Elizabeth Mertz

DePaul Law Review

No abstract provided.

Plaintiffs' Lawyers: Dealing With The Possible But Not Certain, Stephen Daniels, Joanne Martin

DePaul Law Review

No abstract provided.

Towards An Understanding Of Litigation As Expression: Lessons From Guantánamo, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Utah Down Syndrome Foundation V. Utah Down Syndrome Association : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Third District Court No. 070902087 Appellate Case No. 20110205-SC

Utah Down Syndrome Foundation V. Utah Down Syndrome Association : Opening Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Third District Court No. 070902087 Appellate Case No. 20110205-SC

Tom Gregory V. Mark Shurtleff : Brief Of Plaintiff/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM SUMMARY JUDGMENT ORDERS ENTERED BY THIRD JUDICIAL DISTRICT COURT, THE HONORABLE L. A. DEVER PRESIDING.

Democracy At The Corner Of First And Fourteenth: Judicial Campaign Spending And Equality, James Sample

Hofstra Law Faculty Scholarship

The Supreme Court recently decided in Caperton v. A.T. Massey Coal Co. that substantial independent expenditures in support of a judicial candidate present threats to judicial impartiality similar to those posed by direct contributions. This Article posits that the Caperton holding, guaranteeing due process of law in state courts, presents a compelling state interest justifying the regulation of spending in judicial elections.

The Supreme Court's landmark decision in Buckley v. Valeo is understood to hold that only an "anti-corruption" rationale can justify campaign finance regulations. Buckley drew a rigid distinction between political campaign "expenditures" and "contributions, " holding that the …

The European Union After Lisbon: Is The Ugly Duckling A Swan Yet, James D. Dinnage

Villanova Law Review (1956 - )

An essay is presented on the political and social conditions in the European Union (EU) as of July 2011, focusing on the impact felt by the EU from the 2007 signing of the Treaty of Lisbon which amends the Treaty of Maastricht. A historical overview of the EU is presented, as well as information on the requirement that the EU countries abide by the terms of the European Convention on Human Rights.

Confronting Ethical Issues In National Security Cases: The Guantánamo Habeas Litigation, Shayana Kadidal

Seton Hall Law Review

No abstract provided.

Teaching In A Transformative Era: Selected Essays From The Society Of American Law Teachers Teaching Conference , Raquel Aldana, Hazel Weiser

McGeorge School of Law Scholarly Articles

No abstract provided.

2011-2012 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

An Article We Wrote To Ourselves In The Future: Early 21st Century Views On Ethics And The Internet., David Hricik, Prashant Patel, Natasha Chrispin

St. Mary's Journal on Legal Malpractice & Ethics

Written from the viewpoint of the year 2050, this Article discusses the clash between legal ethics and the technological revolution of the early twenty-first century. As a result of ethics rules being applied to new technologies in ways never contemplated under traditional circumstances, lawyers had to be overly cautious when they used the Internet to correspond with or seek out clients, or otherwise promote their legal services. The lesson learned is that the legal community should reflect on the harm caused by over zealous regulation and take a more reasoned approach to the use of technology for the benefit of …