Digital Commons Network^™

Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Lawrence Friedman, Louis Schulze

Maryland Law Review Online

No abstract provided.

Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith

Journal Publications

Computers are the cynosure of American society. As a result, most information is stored electronically and only a small amount of information ever becomes a paper document. This explosion of electronically stored information has affected every aspect of society, including the court system. Litigation is drastically different than a few years ago due to this onset of electronically stored information. The discovery of electronically stored information in litigation has become known as electronic discovery. For many, electronic discovery is expensive and complicated, and thus, litigants are settling frivolous cases to avoid the costs and complexities of engaging in discovery to …

Piercing The Veil Of Secrecy: Securing Effective Exchange Of Information To Remedy The Harmful Effects Of Tax Havens, Hedda Leikvang

Vanderbilt Journal of Transnational Law

The enforcement of tax laws abroad has long posed problems for authorities. However, that enforcement becomes increasingly more problematic when the information necessary for proper enforcement is located within an impenetrable system whose sole purpose is to protect that information from tax authorities in other countries. Although much effort has been expended to remedy the harmful effects of tax havens, few strategies have succeeded. But with the prospects of a record federal deficit and an ever-increasing tax gap, U.S. authorities have begun to look for new ways to strengthen the enforcement of U.S. tax laws abroad. The most prominent of …

The Legal Mobilization Dilemma, Douglas Nejaime

Emory Law Journal

Perry v. Brown, the federal lawsuit challenging Proposition 8--the California state constitutional amendment prohibiting marriage for same-sex couples--was filed in 2009. At that time, it presented sweeping federal constitutional claims for marriage equality and sought to ultimately put those claims before the U.S. Supreme Court. The suit defied the strategic vision of lawyers at the leading lesbian, gay, bisexual, and transgender (LGBT) legal organizations--Lambda Legal, the American Civil Liberties Union (ACLU), the National Center for Lesbian Rights (NCLR), and Gay & Lesbian Advocates & Defenders (GLAD). Those lawyers had attempted to keep the federal courts away from Proposition 8 and …

Infancy Doctrine Inquiries, Cheryl B. Preston, Brandon T. Crowther

Santa Clara Law Review

No abstract provided.

Tenant Office Space (Tos) Preference Framework For Purpose-Built Office Buildings In Kuala Lumpur City Centre / Yasmin Mohd Adnan, Mohd Adnan Yasmin

Student Works (2010-2019)

In a market where office space faces an oversupply and a decentralisation to the suburbs, it is imperative to examine and analyse the various factors that influence the decision making of office occupiers, particularly of tenants within the Kuala Lumpur city centre. Understanding tenants’ criteria in their office occupation decisions would assist office space providers, managers and marketing agents in a meaningful way towards the latters’ aims of return maximisation and vacancy minimisation. In this study, a multi-criteria decision making method (MCDM), in particular the Analytic Hierarchy Process (AHP) procedure, was employed to develop a tool for assessing tenants office …

Taking Limited Representation To The Limits: The Efficacy Of Using Unbundled Legal Services In Domestic-Relations Matters Involving Litigation., Michele N. Struffolino

St. Mary's Journal on Legal Malpractice & Ethics

The use of unbundled legal services is nothing new in this country, and it is often preferable to no representation at all. The Model Rules of Professional Conduct expressly permit attorneys to provide limited representation to their clients. Domestic-relations attorneys, in particular, have tried to ease the burden on litigants by offering unbundled legal services. However, the use of unbundled services in domestic[1]relations matters has caused difficulties for litigants, attorneys, and the courts. For these domestic-relations cases in particular, full service representation is crucial. To provide full satisfaction for their clients and to fulfill their ethical duty, domestic-relations attorneys must …

Malpractice Liability Related To Foreign Outsourcing Of Legal Services., Vincent R. Johnson, Stephen C. Loomis

St. Mary's Journal on Legal Malpractice & Ethics

The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of firm principals and employees, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

Tenth Amendment Challenges After Bond V. United States, Scott G. Thompson, Christopher Klimmek

Publications

In its recent decision in Bond v. United States, the Supreme Court explained that because the Tenth Amendment "secures the freedom of the individual," private parties who otherwise satisfy Article III's standing requirements and other prudential requirements may challenge federal laws as violating the Tenth Amendment. In so doing, the Court reversed the majority of circuit courts that have addressed the issue and removed a significant categorical bar to individual Tenth Amendment challenges. This Article explains Bond's holding and explores its implications for future Tenth Amendment challenges by private parties.

Although Bond contains some expansive language regarding the role …

A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber

Publications

No abstract provided.

Advance (Fall 2012), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.

European Covered Bond Fact Book 2012, European Covered Bond Council

Documents

No abstract provided.

Is Color Blind Justice Also Culturally Blind? The Cultural Blindness In Justice, Shiv Narayan Persaud

Journal Publications

As diverse ethnic groups continue to experience numeric growth and societal grounding in America, their advocacies for culturally competent representation within the legal system cannot be ignored or underplayed. Undoubtedly, some professions such as mental and physical health, and their related sectors, have developed and continue to integrate cultural competencies into their respective practices. Others such as the legal profession seem to lag in their advocacies and promotion of culturally competent practices.

In the criminal justice system, where discretionary legal decision-making authority is commonplace and may grossly affect the civil liberties of the citizenry, a paucity of standards requiring cultural …

Rethinking Lawyer Regulation: How A Relational Approach Would Improve Professional Rules And Roles, Russell G. Pearce, Eli G. Wald

Faculty Scholarship

This Article offers both a way to understand emerging developments in the regulation of the legal profession in the United States and internationally, and an explanation for why these developments grounded in a relational perspective on lawyers and their work are likely to be more effective in encouraging lawyers to follow the legal ethics rules and to fulfill professional aspirations. The dominant United States approach to lawyer regulation is the command and control model that penalizes lawyers for failing to follow a lengthy set of prescribed rules. As the article explains, this approach assumes – and reinforces the idea – …

Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page

Journal Publications

Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …

No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry

Journal Publications

In an effort to increase professionalism among lawyers, an analysis of the relationship between lawyers' professional behavior and legal malpractice claims is warranted. This Article will explore that relationship, and address the need to fuse the two components in an effort to enhance professionalism. The Article will specifically seek to address the questions: (1) Should professionalism be admissible, or even conclusive, evidence of the standard of care of the "reasonable attorney" in legal malpractice cases? and (2) Will a proper definition of the "reasonable attorney" in the context of legal malpractice cases encourage and ultimately enhance professionalism in legal society?

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.

A Short History Of The Mt Rules Of Evidence, Cynthia Ford

Faculty Journal Articles & Other Writings

This article traces the history of the wholesale revision of Montana's evidence rules that stemmed from a corresponding changes in the Federal Rules of Evidence (FRE) in 1975. The article begins discussion with the appointment of the Montana Supreme Court Commission on the Rules of Evidence in 1974 and continues to the adoption of the new Montana Rules of Evidence (MRE) effective January 1977.

The author points out that the current version of the MRE is substantively identical to the 1977 version. By contrast the FRE has gone through twenty separate, substantive amendments. The author suggests that the drastic difference …

Clear As Mud: Pleasant Grove City V. Summun And Riding The Undefined Line Between Government Speech And Private Speech In A Public Forum, Jessica L. Thornhill

MC Law Review

Note

Procedure In Eclipse: Group-Based Adjudication In A Post-Concepcion Era, Myriam Gilles

Saint Louis University Law Journal

No abstract provided.

Proceedings Of The One Hundred Thirteenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

The Place Of Law In Ivan Illich’S Vision Of Social Transformation, Bruce K. Miller

Western New England Law Review

This Article discusses Ivan Illich’s direction for social reform that led to his book, Tools for Conviviality, where Illich targeted development, technology, and the exploitation of nature. Illich identified three key cultural institutions that needed to be reclaimed in order to bring about an inversion of industrial society: science, language, and law. This Article focuses on the rule of law and its central institutional invention—formal adjudication.

The Author suggests that Illich’s idealism can still be found in the law reform litigation effort and identifies the diminished stature of the ideal of disinterested adjudication as a significant threat to Illich’s hopes …

Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio

Hofstra Labor & Employment Law Journal

No abstract provided.

What We Are Learning, Stephen Ellmann

NYLS Law Review

No abstract provided.

Law Schools And The Changing Face Of Practice, Peter Toll Hoffman

NYLS Law Review

No abstract provided.

Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden

NYLS Law Review

No abstract provided.

New Roles To Solve Old Problems: Lawyering For Ordinary People In Today’S Context, Marsha M. Mansfield, Louise G. Trubek

NYLS Law Review

No abstract provided.

Collaborative As Client: Lawyering For Effective Change, Robin S. Golden

NYLS Law Review

No abstract provided.

Re-Vision Quest: A Law School Guide To Designing Experiential Courses Involving Real Lawyering, Deborah Maranville, Mary A. Lynch, Susan L. Kay, Phyllis Goldfarb, Russell Engler

NYLS Law Review

No abstract provided.

The Service-Learning Model In The Law School Curriculum, Laurie Morin, Susan Waysdorf

NYLS Law Review

No abstract provided.