Digital Commons Network^™

Adopting Regulatory Objectives For The Legal Profession, Laurel Terry, Steve Mark, Tahlia Gordon

Faculty Scholarly Works

In 2007, the United Kingdom adopted a new law called the Legal Services Act. This Act radically changed certain aspects of U.K. lawyer regulation. Section 1 of that Act identified eight “regulatory objectives” that provide the basis for the regulation of the legal profession. The United Kingdom is not the only jurisdiction that has identified regulatory objectives. Most Canadian provinces, for example, have provisions that are tantamount to regulatory objectives. Australia routinely used “purpose statements” when enacting legal profession regulation and was in the process of developing regulatory objectives at the time this article was written. Despite these examples, however, …

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon

Faculty Scholarly Works

Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation. Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. This article uses this who-what-when-where-why-and-how framework to discuss events around the world. These developments include the 2007 UK Legal Services …

Ranae Nicol V. Department Of Workforce Services, Workforce Appearls Board And Wells Fargo Bank : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Decision of the Workforce Services Appeal Board denying Petitioner's claim for unemployment benefits.

The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf

Nevada Law Journal

No abstract provided.

Services Liberalization In The Philippines: A Capacity Needs Assessment For Aec 2015, Fernando T. Aldaba, Rafaelita M. Aldaba

Economics Department Faculty Publications

The paper aims to assess and determine the capacity-building needs required to liberalize trade in services in the Philippines. Through the ASEAN Framework Agreement on Services, the Philippines has committed to liberalize various sectors including air transport, maritime transport, construction, financial services, and telecommunications. The overall progress of services liberalization has been modest compared to trade in goods due mainly to constitutional restrictions, limitations on market access, and application of the national treatment principle. Apart from these constitutional and legal constraints, the other obstacles to services liberalization include high cost of doing business, inadequate infrastructure, and governance issues affecting the …

Privilege Objections To Grand Jury Subpoenas For Documents, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

Two common privilege claims in limiting grand juries' evidence requests are attorney-client and self-incrimination. This article examines In re Grand Jury Subpoena (Mr. S.), 662 F.3d 65 (1st Cir. 2011) to illustrate the issue of both privileges in a case.

The Merger Agreement Myth, Jeffrey Manns, Robert Anderson

GW Law Faculty Publications & Other Works

Practitioners and academics have long assumed that financial markets value the deal-specific legal terms of public company acquisition agreements, yet legal scholarship has failed to subject this premise to empirical scrutiny. The conventional wisdom is that markets must value the tremendous amount of time and money invested in negotiating and tailoring the legal provisions of acquisition agreements to address the distinctive risks facing each merger. But the empirical question remains of whether markets actually price the legal terms of acquisition agreements or whether they solely value the financial terms of mergers. To investigate this question, we designed a modified event …

The Rise Of Institutional Law Practice, Thomas D. Morgan

GW Law Faculty Publications & Other Works

For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and suggests …

Creatively Financed Legal Education In A Marketized Environment: How Faculty Leveraged Buyouts Can Maximize Law Schools’ Stakeholder Values, David Groshoff

Fordham Journal of Corporate & Financial Law

“This [financial aid] money is not necessarily going to educate more students or to improve education. It’s a scholarship ultimately going into profits.”1

The New Section 1202 Tax-Free Business Sale: Congress Rewards Small Businesses That Survived The Great Recession, Beckett G. Cantley

Fordham Journal of Corporate & Financial Law

On September 27, 2010, President Barack Obama signed the Creating Small Business Jobs Act of 2010 (“SBJA”) that contains a temporary amendment to Internal Revenue Code (“IRC”) § 1202. The amendment permits original shareholders of eligible corporation stock to sell the stock without being taxed on the sale. The temporary amendment initially only applied to certain stock acquired after the enactment of the SBJA and before January 1, 2011, but the amendment was extended on December 17, 2010 for another year ending January 1, 2012. With the impending sunset of the 15% capital gains rate at the end of 2012, …

Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger

Law Faculty Scholarly Articles

In the past three years, the American Bar Association, several major state bar associations, the Association of American Law Schools, the New York Times, law students, and many legal educators have called for fundamental changes in the way we educate new lawyers. Some critics have suggested that legal education faces a crisis that will be exacerbated by rising tuitions, declining enrollments, and a precipitous drop in the demand for new lawyers. Most of those calling for change have relied on the critical analysis of modem legal education presented in a 2007 report by the Carnegie Foundation for the Advancement …

The Development Of Domestic Violence As A Field: Honoring Clare Dalton, Elizabeth Schneider, Cheryl Hanna

Faculty Scholarship

No abstract provided.

Foreword, Zach Dillon

Journal of Criminal Law and Criminology

No abstract provided.

Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, Emily Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Robert Pettignano, Elizabeth Tobin Tyler

Faculty Publications & Other Works

No abstract provided.

Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer

Faculty Publications & Other Works

No abstract provided.

Hybrid Entities: Distributing Profits With A Purpose, Heather Sertial

Fordham Journal of Corporate & Financial Law

This Note elaborates on the introduction of a new legal structure for organizations known as the “hybrid entity.” A hybrid encompasses aspects of both the for-profit model, to generate revenue; as well as the nonprofit model, to distribute funds to a community in need. The objective of this Note is to offer a structural guide to entrepreneurs who are interested in this new model. This Note first examines the limitations of for-profits that would like to contribute to social goals, as well as the limitations of nonprofits that wish to increase their revenues. This Note then discusses two current statutory …

The Islamic Legal System In Malaysia, Farid S. Shuaib

Washington International Law Journal

This article describes the historical evolution and the current structure of the Islamic legal system in Malaysia. The structure of the modern Malaysian state has its roots in the region’s colonial history. By the end of the nineteenth century the territory that comprises contemporary Malaysia had been subjected to British colonial authority. The British did not, however, rule the region as a single colonial unit. In the directly ruled colonies most matters were governed by English common law, and while Islamic doctrine governed family law, it was applied by colonial courts that were staffed by British or British-trained judges. In …

A Fresh Start For The Charter Fundamental Questions On The Application Of The European Charter Of Fundamental Rights, Thomas Van Danwitz, Katherina Paraschas

Fordham International Law Journal

No abstract provided.

Evaluating Retention In Medical Care And Its Impact On The Health Outcomes Of Individuals Living With Human Inmmunodeficiency Virus, Timothy N. Crawford

Theses and Dissertations--Epidemiology and Biostatistics

In the last few years, engagement in medical care among individuals living with HIV has become a major priority among HIV medical providers and public health researchers. Engagement in medical care is an important concept as it involves the process of linking newly diagnosed individuals into medical care and retaining those individuals in care throughout the course of their infection. Although there have been major advances in the management of HIV, like the advent of Highly Active Antiretroviral Therapy, morbidity and mortality due to HIV cannot be fully reduced if the individual does not optimally retain in care. Retention in …

Preserving Political Speech From Ourselves And Others, Aziz Huq

Public Law and Legal Theory Working Papers

This Essay is a case study of how and why strict scrutiny varies between cases decided within a particular doctrinal category (political speech) by a given court (the Roberts Court). Two lines of Roberts Court jurisprudence implicate political speech: federal campaign finance cases and a challenge to the federal statute criminalizing “material support” to designated foreign terrorist organizations. My aim here is to examine the common doctrinal matrix of First Amendment strict scrutiny used in those cases to explore how divergent results emerge from a unified analytic framework. A secondary goal is to illustrate how post-9/11 national security concerns find …

It Happens In The Dark: Examining Current Obstacles To Identifying And Rehabilitating Child Sex- Trafficking Victims In India And The United States, Emily K. Harlan

University of Colorado Law Review

The governments of India and the United States have been struggling for years to eradicate child sex trafficking within their borders. Nevertheless, many Indian and American child sex-trafficking victims have yet to be identified as victims or provided with rehabilitation services. Both countries need to make additional legal and policy reforms to ensure their legal systems correctly identify child sextrafficking victims and provide them with meaningful opportunities for rehabilitation. This Note identifies police corruption in India and the disparate treatment of foreign and domestic victims in the United States as the major obstacles to correctly identifying child sex-trafficking victims, and …

The High Cost And Value Of Patents: Finding The Appropriate Balance Between The Rights Of The Inventor And The Advancement Of Society, Andy Segal

CMC Senior Theses

Property rights are the backbone of Western Civilization. Capitalism can only be successful if individuals feel secure about the ownership of their assets. Patents are the property rights granted to the inventor by the government. Without these rights, inventors will find it extremely difficult monetizing their contributions to society. Thus, in an effort to incentivize innovation and commit society to human progress, our Founding Fathers built our country on a strong set of intellectual property rights.

At the same time, nothing impedes innovation like a monopoly and, in essence, all a patent amounts to is a monopoly, the right to …

The Potential For Screening For Interpersonal Violence In Community Pharmacies: An Exploratory Study, Marie Barnard

Electronic Theses and Dissertations

Intimate partner violence (IPV) is a public health problem of epidemic proportion; the only known effective health care intervention is routine screening for IPV exposure. Despite professional guidelines for routine screening, this intervention has been poorly adopted. Expansion of screening efforts to the community pharmacy setting provides an opportunity to have a substantial impact on the health, well-being of pharmacy patients. This investigation is the first to examine IPV screening related to the pharmacy environment. An existing measure of physicians' readiness to manage IPV (PREMIS) was adapted for the community pharmacy environment and validated in a national random sample of …

A Tribute To Louise Mckinney, Thomas F. Geraghty

Case Western Reserve Law Review

No abstract provided.

Annual Report 2011, Central Bank Of Nigeria (Cbn)

Documents

CBN annual report analyzing the functions of the central bank in 2011

Introduction: Lawyers As Conservators?, Joan W. Howarth

Scholarly Works

This Symposium reminds us of our most important work, to protect legal institutions and the rule of law, and asks this most provocative question: Will 21st Century Business, Regulatory, and Educational Challenges Destroy the Lawyer's Role As Guardian of Legal Institutions and the Rule of Law?To some Symposium participants, the question posed is too dystopian. Is survival of the rule of law really at stake? For others, the Symposium question suggests a prior, even darker one: How can we conserve what is already lost? How, indeed, will we conserve legal institutions and the role of law? Are we, as lawyers, …

Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.

Review Of The Operations Of Bay Village, Ohio, Daila Shimek, Kyle Julien, Scott Winograd, Claudette Robey, James Wyles, Kevin E. O'Brien

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

Responding To Foreclosures In Cuyahoga County 2011 Evaluation Report, Kathryn W. Hexter, Molly Schnoke

All Maxine Goodman Levin School of Urban Affairs Publications

The foreclosure crisis hit Cuyahoga County earlier and harder than the rest of the nation. The crisis continues to weaken the County’s already weak housing market, as evidenced by declining property values, increasing numbers of vacant and abandoned properties and the continuing high rates of foreclosure filings. In 1999, there were 4,900 residential foreclosure filings in Cuyahoga County. That number doubled to about 10,000 by 2005 and peaked in 2007 at close to 14,000. In 2011, the County had just over 11,000 residential foreclosure filings. In total, an estimated 68,000 homes in the County have been “touched” by foreclosure. The …

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Nova Law Review

No abstract provided.