Digital Commons Network^™

Best Practices For Hiring And Retaining A Diverse Law Faculty, Kellye Y, Testy

Articles

As with all institutions, the history, character, identity, and accomplishments of each law school are the direct result of its people and their acts. For that simple reason, diversity is critical; it goes to the very core of what the institution is and what it does. With legal institutions, in particular, diversity plays a critical role in shaping the perception of the institution held by persons outside of it. In order for our system of law to function as the bedrock of our democratic society that it aims to be, legal institutions must be perceived as fair and just. If …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation,, Michael Hatfield

Articles

This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage. I want to persuade tax lawyers that they should usually engage in the conversation. I try to do this in Part III.

There are two kinds of legal ethics essays, and one must choose which kind to write, and it is useful to the reader to know upfront which kind the author chose to write. One kind begins with …

Defenseless Children: Achieving Competent Representation For Children In Abuse And Neglect Proceedings Through Statutory Reform In South Dakota, Kasey L. Wassenaar

South Dakota Law Review

No abstract provided.

Appellate Practice In The South Dakota Supreme Court, Ronald A. Parsons Jr.

South Dakota Law Review

No abstract provided.

Ask And You Shall Receive: Erisa's Remedies For Non-Disclosure, Amy Thompson

South Dakota Law Review

No abstract provided.

Equitable Estoppel As A Remedy Under Erisa, Robert E. Hoskins

South Dakota Law Review

No abstract provided.

Employment Restrictions For Individuals With Felon Status And Racial Inequality In The Labor Market, Darren Wheelock, Christopher Uggen, Heather R. Hlavka

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw

Faculty Scholarship

This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …

The American "Rule": Assuring The Lion His Share, James Maxeiner

All Faculty Scholarship

Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in the world. When American civil procedure took shape in the 1840s, American lawyers thought that losing parties ought to indemnify winning parties against all expenses of lawsuits. Yet today, attorneys’ fees – the lion’s share of expenses in the words of the General Report – are not allocated this way. By practice – and not by legal rule – attorneys’ fees fall on the parties that incur them. Those fees are not set by statute or court decision, but by agreement between parties and …

Thinking About Technology – Standard Bar Codes Beware- Smart Phone Users May Prefer Qr Codes, Darla Jackson

Faculty Articles

Quick Response (QR) codes are free to produce, allow access to data, and can be read with most smartphones. QR codes are already popular in some other countries and are gaining popularity in the United States. This article discusses this growing popularity and the reasons for it, how QR codes are being used in law libraries and the legal profession, and how they may be used by librarians in the future to add value through the marketing of professional and library services and by providing easy access to information from library resources.

The Serious Leisure Perspective, Patrick Anthony Beets

Graduate Research Papers

This review will address the relationship of serious leisure that involve youth and will help create a study that can be used based on a participant's experiences. The specific question examined in this paper is: Can serious leisure be used as a vehicle to help youth to develop positive skills that will help increase meaningfulness and battle depression?

Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner

Faculty Scholarship

Many law librarians are experts in international law and legal research. The concept of ‘international law librarianship’, however, encompasses something more than a field of study in which a group of experts practise their profession. In the broader sense, the idea suggests a common calling, similar interests, and goals shared by librarians with a range of specialties beyond international law, working in all types of law libraries. What commonalities create and sustain the concept of international law librarianship? This paper suggests that they can be found in: law librarians’ common need to respond to the ‘multiplicity’ of information sources facing …

A Jury Of One’S "Peers": Felon Jury Exclusion And Racial Inequality In Georgia Courts, Darren Wheelock

Social and Cultural Sciences Faculty Research and Publications

African-Americans are overrepresented in felony convictions and, thus, more likely to be excluded from jury service. This study examines the potential impact of felon jury exclusion on the proportion of African-Americans that remain eligible for jury service. Results indicate that felon jury exclusion dramatically reduces the pool of eligible African-Americans statewide by nearly one-third. Furthermore, the level of exclusion for all groups is concentrated in areas with higher African-American populations. When limiting the analysis to African-Americans, however, counties with low African-American populations tend to have the highest levels of African-American exclusion. OLS regression models support the notion that the concentration …

Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, Daniel H. Foote

Articles

This article addresses two trends in legal education: internationalization and integration of doctrine, skills and legal ethics. In the United States, international and comparative law, skills training, and legal ethics all have deep historical roots in legal education, and the past few decades have seen further major increases in each of those areas. A particularly noteworthy recent development is the rise in efforts to integrate skills training and attention to ethical issues with doctrinal analysis, rather than just teaching each of those elements separately, Notably, Harvard Law School, which continues to influence educational patterns at other law schools within the …

Legal Education For The Future: Global Perspectives, Daniel H. Foote

Articles

This is a report on "FutureEd 2: Making Global Lawyers for the 21st Century," a conference on legal education held at Harvard Law School (HLS) on October 15-16, 2010, In which this author had the opportunity to participate. The conference was the second In a series of three conferences jointly organized by HLS and New York Law School (NYLS). The first conference was held at NYLS in April 2010; the third and final conference was held at NYLS, in April 2011．The goals of the conferences were to stimulate thinking and research about the future of legal education; to promote concrete …

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

Articles

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 …

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Legal Access And Attorney Advertising, Nora Freeman Engstrom

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, Elisa Hyman, Dean Hill Rivkin, Stephen A. Rosenbaum

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Gestalt Of The School-To-Prison Pipeline: The Duality Of Overrepresentation Of Minorities In Special Education And Racial Disparity In School Discipline On Minorities, Torin D. Togut

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Integrating Education Advocacy Into Child Welfare Practice: Working Models, Jennifer N. Rosen Valverde, Cara Chambers, Megan Blamble Dho, Regina Schaefer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

At Ease: A Primer For Legal Research Related To Military Law Issues, Darla Jackson

Other Faculty Publications

No abstract provided.

Thinking About Technology – Standard Bar Codes Beware- Smart Phone Users May Prefer Qr Codes, Darla Jackson

Other Faculty Publications

Quick Response (QR) codes are free to produce, allow access to data, and can be read with most smartphones. QR codes are already popular in some other countries and are gaining popularity in the United States. This article discusses this growing popularity and the reasons for it, how QR codes are being used in law libraries and the legal profession, and how they may be used by librarians in the future to add value through the marketing of professional and library services and by providing easy access to information from library resources.

Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens, Adrienne D. Davis, Annette R. Appell

Scholarship@WashULaw

This Introduction to the Symposium, Race to Justice: Mass Incarceration and Masculinity through a Black Feminist Lens, rehearses the animating forces that led to a colloquium and a series of papers that explore the question of mass incarceration and the negative state engagement surrounding it through gendered and feminist lenses. The Introduction explains how an analysis of mass incarceration through the lens of gender complicates what is often conceived as a story about race. Instead mass incarceration can be more deeply understood through its gendered effects on men and the women and children connected to those men. These connections include …

A False Light In The Darkness: Protecting Consumers And Creditors From The Debt Settlement Industry, Jonathan L. Voigt

North Dakota Law Review

No abstract provided.

Parent And Family Guide, 2011-2015, Illinois State University, Dean Of Students Office, Parent And Family Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent and Family Services Department

Virtue Ethics, Earnestness, And The Deciding Lawyer: Human Flourishing In A Legal Community, Michael S. Mcginniss

North Dakota Law Review

No abstract provided.