Digital Commons Network^™

On Scholarship In The American Legal Academy: An Essay, Robert E. Lutz

The International Lawyer

No abstract provided.

National Security Law, James Henry Bergeron, Phillip O'Neil, John Harrington, Cynthia Todgham Cherniak

The International Lawyer

No abstract provided.

Garden Of Truth, Sarah Deer

Faculty Scholarship

On Oct. 27, 2011, a report entitled “Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota” was released in St. Paul, Minn. The report was the culmination of a three-year research project conducted in Minnesota by two nonprofit organizations: the Minnesota Indian Women’s Sexual Assault Coalition, a grassroots organization of Native American women that is based in St. Paul and focuses on outreach and awareness for survivors of sexual assault, and Prostitution Research and Education, a nonprofit organization based in San Francisco. This unique collaboration between advocates of Native American women and social scientists has produced a …

Note – Why Can’T We Be “Friends”? A Call For A Less Stringent Policy For Judges Using Online Social Networking, Brian Hull

UC Law Journal

Judges are increasingly using social networking websites like Facebook, Twitter, LinkedIn, MySpace, and Google+, and, naturally, the question arises: What are the ethical limits for judges doing so? A number of judicial ethics committees and others knowledgeable about judicial ethics have analyzed this question. Not all, however, were familiar with the nuances of online social networking. The California Judges Association falls into both of these categories. In November 2010, it released an advisory opinion, Opinion 66, describing its views on judges using social networking sites. This Note details the views expressed by Opinion 66 and by opinions from Florida, Indiana, …

A Profession, If You Can Keep It: How Information Technology And Fading Borders Are Reshaping The Law Marketplace And What We Should Do About It, Stephen Gillers

Faculty Articles

Technology is changing the way we do business. It has made cross-border trade in goods and services easy. Capital is finding ways to profit from the law business. Lawyers strive to serve clients wherever they need help, including outside their jurisdiction of admission. These changes not only affect how American law firms work, they challenge our system for licensing and regulating lawyers. The traditional geocentric model for regulating the bar, based on physical place of practice, is unstable today because lawyers can practice physically in many places and (virtually) in every place, yet no place in particular. The next twenty …

Is The Fostering Of Competition The Point Of American Constitutional Federalism?, Roderick M. Hills Jr.

Faculty Articles

Book review of Michael S. Greve, The Upside-Down Constitution (2012).

Brief 3: Clustering Assessment: Enhancing Synergies Among Multilateral Environmental Agreements, Judith Wehrli

Governance and Sustainability Issue Brief Series

Against the background of a widely fragmented and diluted international environmental governance architecture, different reform options are currently being discussed. This issue brief considers whether streamlining international environmental regimes by grouping or ‘clustering’ international agreements could improve effectiveness and efficiency. It outlines the general idea of the clustering approach, draws lessons from the chemicals and waste cluster and examines the implications and potentials of clustering multilateral environmental agreements.

Between Semiotic Democracy And Disobedience: Two Views Of Branding, Culture And Intellectualproperty, Sonia K. Katyal

Faculty Scholarship

Even though most scholars and judges treat intellectual property law as a predominantly content-neutral phenomenon, trademark law contains a statutory provision, section 2(a), that provides for the cancellation of marks that are “disparaging,” “immoral,” or “scandalous.” This provision has raised intrinsically powerful constitutional concerns, which invariably affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only on how marks communicate information about a …

2012-2013 Law School Catalog, Southern Methodist University, Dedman School Of Law

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

2012 Transactions, American Dental Association

ADA Transactions

This item is part of the Transactions of the ADA, a serial publication of the annual activities of the ADA House of Delegates (HOD)/Board of Trustees (BOT). It is from the Transactions section, one of three subtitles that make up the full publication. Generally, the ADA Transactions are published in multiple volumes throughout the year. Pages from the Annual Reports and the Transactions are numbered consecutively (e.g. Annual Reports volume ends pg. 500 and Transactions volume starts at pg. 501). NOTE: All three subtitles are collectively known as the Transactions of the ADA or, alternatively, the ADA Transactions. Transactions refers …

A Case Study Of The Baldock Restoration Project, Andrée Tremoulet, Ellen M. Bassett

Urban Studies and Planning Faculty Publications and Presentations

Since the 1980s, homelessness has become an increasingly visible and seemingly intransigent part of American society. It affects not only those who experience it directly, as a condition in their own lives, but also a broad spectrum of interests that deal with its effects. One such interest is owners and managers of public land, where homeless individuals commonly seek refuge, sometimes forming communities. Although their business may be transportation, natural resources management, recreation or some other public service, managers of public land are called upon to deal with this complex environmental, legal and human problem. This is a case study …

Middle Eastern Studies Program Newsletter - V5.2, Middle Eastern Studies Program

Middle Eastern Studies Program - Newsletters

No abstract provided.

A Tribute To Judge James R. Browning, Montana School Of Law

Montana Law Review

A Tribute to Judge James R. Browning

Access To Justice And The Ethics And Politics Of Alternative Business Structures, Richard Devlin, Ora Morison

Articles, Book Chapters, & Popular Press

Despite ongoing concern about access to justice in Canada, the problem persists. Meanwhile, the basic model for legal practice in Canada is the same as when the profession first emerged centuries ago in England. Only lawyers can own and control legal practices. This is not the case in other common law jurisdictions where rules have evolved to allow nonlawyers to own the companies that provide legal services. Based on a comparative analysis of the development of these alternative business structures (ABSs) in Australia and the United Kingdom, and the nondevelopment of ABSs in the United States, the authors argue that …

Ontario’S Administrative Tribunal Clusters: A Glass Half-Full Or Half-Empty For Administrative Justice?, Lorne Sossin, Jamie Baxter

Articles, Book Chapters, & Popular Press

Claimants who come to administrative tribunals in Canada, as elsewhere, expecting a convenient forum to resolve their problems may discover that institutional resources and expertise, their own knowledge of the system, and their statutory entitlements and legal rights are fragmented between agencies with diverse norms and mandates. The provincial government of Ontario in Canada has recently enacted a novel strategy called tribunal clustering to confront these challenges. This paper explores the structure and rationales behind Ontario’s new tribunal clusters and compares these with reform models in Australia and the United Kingdom. The authors argue that tribunal clusters offer a flexible …

The Convention On The Rights Of Persons With Disabilities: Beginning To Examine The Implications For Canadian Lawyers' Professional Responsiblities, H Archibald Kaiser

Articles, Book Chapters, & Popular Press

The United Nations Convention on the Rights of Persons with Disabilities (hereafter the CRPD or the Convention) should herald a new epoch in the way persons with disabilities are treated throughout the world community. The entire panoply of ramifications of this Convention, the purpose of which is “to promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”, (Article 1) is as yet unascertainable. However, States Parties must “take all appropriate measures to eliminate discrimination by any person, organization or private enterprise” (Article …

Clinical Faculty In The Legal Academy: Hiring, Promotion And Retention, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal, David A. Santacroce

Articles

The Chair of the Association of American Law Schools (AALS) Section on Clinical Legal Education appointed us in 2005 to the Task Force on the Status of Clinicians and the Legal Academy (Task Force) to examine who is teaching in clinical programs and using clinical methodologies in American law schools and to identify the most appropriate models for clinical appointments within the legal academy. Our charges reflected two ongoing concerns: 1) the need to collect valid, reliable, and helpful data that would inform discussions on the breadth of clinical education in the legal academy and the status of clinical educators …

Eric Stein (1913-2011), Daniel Halberstam, Steven Ratner, Mathias Reimann

Articles

On July 28,2011, Eric Stein, pillar of international law, pioneer of the legal study of European integration, and master of comparative law, passed away in Ann Arbor, Michigan. He was ninety-eight years old. He joined this Journal's Board of Editors in 1963, serving as a regular member until 1978, and thereafter as an honorary editor. Stein was the last of that great generation of European-educated jurists who fled Nazism and became leading figures in comparative and international law in the United States.

Letter To Spring Arbor University, Kenneth Deaver

Honors Projects

No abstract provided.

Poverty Law 101: The Law And History Of The U.S. Welfare State, Karen M. Tani

Fordham Urban Law Journal

Poverty law will remain marginalized so long as we confine it to a population that we and our students understand as marginal. Tani discusses Professor Wax’s characterization of the “old welfare law framework,” as well as her account of what happened to it, and would not advocate a return to a court-centered, advocacy-oriented approach.

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Faculty Scholarship

A significant and growing portion of the U.S. population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. The …

2012-2013, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Legal Periodicals, Indexes, And Other Information Sources, Timothy L. Coggins

Law Faculty Publications

This chapter identifies reference resources that might be useful to attorneys and other legal researchers. These resources are valuable for a variety of reasons, including: to locate a definition of a word or to select an alternative word; to locate names and addresses of experts and descriptions of their services; to locate background supporting information about an issue associated with the case such as statistics; to locate information about a judge such as his or her address or, more importantly, to determine something about the judge's temperament or courtroom style; and ID to locate names of court officials such as …

Administrative Law (Annual Survey Of Virginia Law, 2012), John Paul Jones

Law Faculty Publications

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rulemaking by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.

Foreword: 2012 Clinical Legal Education Symposium, Leigh Goodmark

University of Baltimore Law Review

No abstract provided.

Drinking Water And Exclusion: A Case Study From California’S Central Valley, Camille Pannu

Faculty Scholarship

The American West is notorious for its water wars, and California’s complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California’s water woes as a regulatory problem — a failure to balance the needs of growing urban populations with ecological preservation and agricultural irrigation. These debates, however, often elide the issue of water deprivation, and they do not adequately address the concerns of an important constituency: low-income, rural communities.

This Comment argues that a focus on regulation misses a fundamental feature of water inequality: the …

Regulatory Techniques And Liability Regimes For Asset Managers, Deborah A. Demott

Faculty Scholarship

No abstract provided.

A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter, Osvaldo Saldias

Faculty Scholarship

Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean …