Digital Commons Network^™

Adversarial Inquisitions: Rethinking The Search For The Truth, Keith A. Findley

NYLS Law Review

No abstract provided.

Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust

NYLS Law Review

No abstract provided.

The Case Against Statutory Menus In Corporate Law, Daniel M. Häusermann

UC Law Business Journal

The author challenges the view among corporate law scholars that state legislatures should enact menus of predefined statutory rules from which corporations may select the governance terms of their choice. The private sector has produced menus of contract terms, such as standard form contracts and model documents, long before the idea of statutory menus became fashionable. There is no evidence that the market for private menus has failed, and legislatures are unlikely to be efficient menu producers. Advocates of statutory menus have suggested a number of rationales, most notably considerations based on transaction costs, network and learning effects, bounded attention, …

Fair Copyright Litigation: The Reverse Class Action Lawsuit, Brian Noh

UC Law Business Journal

By some estimates, more than 40 billion songs were downloaded illegally in 2008. In recent years, some copyright holders seeking to curtail copyright infringement have filed thousands of claims against individual end-users and peer-to-peer network operators. The resulting scenario, in some instances, has required plaintiffs to prepare settlement strategies against thousands of individual defendants who are often ill equipped to deal with such suits. This note addresses the inability of the copyright law regime to resolve such scenario, one of the growing problems of the information age. Specifically, the author proposes that the solution to these problems is found in …

The Rise Of Institutional Law Practice, Thomas D. Morgan

Hofstra Law Review

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 …

Misplaced Fidelity, David Luban

Georgetown Law Faculty Publications and Other Works

This paper is a review essay of W. Bradley Wendel's Lawyers and Fidelity to Law, part of a symposium on Wendel's book. Parts I and II aim to situate Wendel's book within the literature on philosophical or theoretical legal ethics. I focus on two points: Wendel's argument that legal ethics should be examined through the lens of political theory rather than moral philosophy, and his emphasis on the role law plays in setting terms of social coexistence in the midst of moral pluralism. Both of these themes lead him to reject viewing legal ethics as an instance of "the …

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Georgetown Law Faculty Publications and Other Works

Douglas NeJaime's Cause Lawyers Inside the State is a significant contribution to our understanding of cause lawyers. Most basically, NeJaime calls attention to a remarkably neglected topic: cause lawyers who work in the state rather than in public interest firms, law school clinics, or other non-governmental organizations (NGOs). His analysis undermines a narrative that students of cause lawyering too often presuppose: that to be a cause lawyer means standing outside the state, and usually in opposition to it. Almost by definition, a "cause" exists because the dominant institutions of society have failed to represent the interests and ideas of some …

Money And Meaning: The Moral Economy Of Law Firm Compensation, Milton C. Regan, Lisa H. Rohrer

Georgetown Law Faculty Publications and Other Works

This article, part of an ongoing qualitative research project on law firm culture, analyzes the role of compensation in the modern law firm. At first blush, the significance of the compensation process may seem obvious: it represents an economy in which the firm distributes material rewards to its partners. From this perspective, disputes and dissatisfaction regarding compensation are simply attempts by partners to improve their financial well-being.

Our research suggests, however, that compensation serves to distribute not just money, but also respect. Compensation thus represents the operation of both a material and a moral economy within a firm. As a …

Advisor Induced Demand And Moral Hazard In The Third-Party Payor System, David Chandler Thomas

Master's Theses

Health-care consumption in the United States has risen from 5.2% in 1960 to 17.8% of 2009 Gross Domestic Product (GDP) creating a burden that will soon be too heavy for the economy to bear. This paper proposes that the primary accelerants of health-care expenditures result from the third-party payer system that emerged in the 1950s. These corporate benefits and government subsidies, when overlaid on the traditional health-care model, have led to sustained increases in the production, recommendation, and consumption of health care while magnifying the moral hazard problem inherent in health insurance.

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Touro Law Review

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.

United States V. Duro: Farmworker Housing And Agricultural Law Constructions, Guadalupe T. Luna

UC Law Journal of Race and Economic Justice

This article seeks to addresses how the nation's food production systems produce negative conditions for foreign-born Indigenous people employed for their labor. The article will utilize the case of the migrant Pur6pecha, on the Torres Martinez Desert Cahuilla Indian Reservation in U.S. v. Duro . It will deeply examine the wide array of agricultural laws and policies that are available and aid growers and producers while not requiring that growers or producers to provide habitual farmworker housing. After discussing in detail the lack of adequate housing options for immigrant farmworkers throughout the nation and highlighted by the U.S. v. Duro …

Unlawful Arrests And Over-Detention Of America's Immigrants: What The Federal Government Can Do To Eliminate State And Local Abuse Of Immigration Detainers, Molly F. Franck

UC Law Journal of Race and Economic Justice

Ever since Arizona governor, Janice Brewer, signed S.B. 1070 into law in early 2010, national debates over immigration have dominated the public discourse, and precipitated a tidal wave of state legislative proposals to give states authority to regulate immigration. At the same time, however, many state and local police departments assist Immigration and Customs Enforcement ("ICE") with enforcing federal immigration law by means of 287(g) Agreements, the Secure Communities program, and immigration detainers. An immigration detainer, often referred to as an ICE detainer or ICE hold, authorizes state and local police to keep an arrestee for up to forty-eight hours …

The Vanishing Plaintiff, Brooke D. Coleman

Seton Hall Law Review

No abstract provided.

Can Drug Court Results Be Predicted? Completion And Termination Of Drug Court Participants, Christopher D. Geisler

MPA/MPP/MPFM Capstone Projects

The substantial growth in Kentucky’s prison population since the 1980s has resulted in increased spending on corrections, both the total amount and as a percentage of total general fund spending. The sustained growth in corrections spending combined with shrinking budgetary realities has created an incentive to explore ways to reduce costs without compromising public safety. Community supervision programs are one alternative to addressing this problem. They are an attractive approach to dealing with certain types of criminals because the cost is significantly lower than incarceration. Drug courts are an example of community supervision that allows drug offenders to avoid imprisonment …

Personal Experiences With Long Term Care Services And Supports, Julie Fralich Mba, Mark Richards Ba, Louise Olsen, Vanessa Bell, Jennifer Pratt

Disability & Aging

This report captures, in a direct way, the first hand experiences of older and disabled consumers of long term care services and supports. In addition, it includes the collective experiences of eight Maine communities regarding the long term care service delivery system in our state.

Show Me The Money: Part One, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Until now, the discussion of how to ethically monetize “the value added” that settlement savvy attorneys bring to the client has been one of the few remaining taboos that is rarely, candidly discussed among lawyers. How should settlement-proficient lawyers calculate the value of efficient, quality outcomes? How does a lawyer who bills by the hour ethically deal with the inherent conflict of interest between his desire to make as much money as he can and the economic disincentive to be settlement proficient? What are some creative billing incentives to more closely align the clients’ desire for contained legal costs …

Five Mistakes For New Child-Welfare Lawyers To Avoid, Jennifer Baum

Faculty Publications

(Excerpt)

You’ve graduated, passed the bar, and started your first legal job working with children and families. Perhaps you work for an institutional provider of legal services for children or as a prosecutor of dependency cases, or perhaps you are defending such cases. Perhaps, still, you are in private practice, and this is your first pro bono experience working on a family or juvenile court matter. Whatever your role, your job is the same: to represent your client and seek as favorable an outcome as possible.

But you are new—you don’t know the ropes or who the players are, you …

Show Me The Money: Part Two, Monetizing The “Value Added” Of Attorneys Who Serve As Mediators And Arbitrators, Elayne E. Greenberg

Faculty Publications

(Excerpt)

In the oft-told fable “The Emperor’s New Clothes,” the candid, uncensored observations of a young child that the Emperor’s “new clothes” weren’t clothes at all but actually the emperor’s nudity, freed the rest of the townspeople to finally acknowledge the jarring reality that their the emperor was naked. And so, “The Emperor’s New Clothes” has become a metaphor for having the courage to see things as they actually are, not for what we are incorrectly told they are. In Part One of this column, I began the discussion of how settlement-savvy lawyers might realistically use alternative fee paradigms instead …

Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg

Faculty Publications

The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …

Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner

Articles

No abstract provided.

Attorney Malpractice: New York's Measure Of Damages--Benefit-Of-The-Bargain? A Rose By Any Other Name, Jacob L. Todres

St. John's Law Review

(Excerpt)

While it might be asymmetrical and a bit intellectually troubling that there is no attractive and pithy catch phrase describing the negligence measure of damages, as there is for fraud and breach of contract damages, I do not wish to address the entire negligence area. Negligence seems to be very broad and to include many disparate segments. For instance, it includes personal injuries by automobiles and other means, medical malpractice, damage to property, malpractice by all types of professionals, etc. Many of these areas have developed unique rules to deal with their unique circumstances. I assume the existence of …

Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg

St. John's Law Review

(Excerpt)

This Article focuses on the challenges of designing such effective, culturally sensitive mediation and conciliation programs to resolve global workplace discrimination against individuals with disabilities. Part One explains the CRPD and its mandates, focusing on its workplace imperatives. Part Two illustrates the scope and magnitude of the discrimination through harrowing statistics. Part Three highlights how Supporting States must address the gap, in all its cultural variants, between the global, public support for the CRPD and the more private societal and personal biases towards individuals with disabilities. Part Four offers the ideological, functional, and cultural considerations to be incorporated when …

Influence Of Positive Expectancies And Adaptive Goal Investment On Relationship Abuse, Geniel H. Armstrong

Graduate Student Theses, Dissertations, & Professional Papers

According to the Bureau of Justice Statistics 21.5% of women and 3.6% of men were identified as victims of intimate partner violence (IPV) between 2001 and 2005 (Catalano, 2007). However, it is likely that these are underestimated rates due to un-reported incidents of IPV. A national survey conducted by the Centers for Disease Control and prevention found that 35.6% of women and 28.5% of men reported having experienced rape, physical violence, and/or stalking by an intimate partner at some time in their life (Black, Basile, Breiding, Smith, Walters et al., 2011). Several attempts have been made to address the problem …

Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller

Journal Articles

No abstract provided.

Dissent As Dialectic: Horizontal And Vertical Disagreement In Wto Dispute Settlement, Meredith Kolsky Lewis

Journal Articles

This article examines the phenomena of dissent within WTO dispute settlement panels and within Appellate Body divisions ("horizontal disagreement") and the failure of certain WTO dispute settlement panels to follow previous rulings of the Appellate Body ("vertical disagreement"). With respect to horizontal disagreement, the article responds to a recent critique of my earlier piece on the subject (The Lack of Dissent in WTO Dispute Settlement, 9 J. INT’L ECON. L. 895 (2006)). With respect to vertical disagreement, the article examines whether there are textual or normative reasons why panels should not disagree with the Appellate Body. It argues that the …

"Legal Ethics In The Digital Age", Susan David Demaine

Books & Book Chapters by Maurer Faculty

Includes the chapter "Legal Ethics in the Digital Age" by Prof. Susan David deMaine.

Rabbinical Exposure, Response And Training With Intimate Partner Violence In The Jewish Community, Alison J. Marks

Theses and Dissertations

This study aims to address the paucity and obsolete nature of current research on partner violence within the Jewish community by focusing on the experiences of rabbis as centers of Jewish life. The current study considered the attitudes of rabbis toward intimate partner violence and gender roles, the level and quality and of intimate partner violence training received both during and post rabbinical school, and the intimate partner violence prevention efforts provided by rabbis. Participants in the study completed an online survey created by authors of this study, which included The Inventory of Beliefs about Wife Beating and The Sex …

The Virtue Of Low Barriers To Becoming A Lawyer: Promoting Liberal And Democratic Values [With Sinna Nasseri], Russell G. Pearce, Sinna Nasseri

Faculty Scholarship

This article offers a new perspective on how to determine whether barriers to practicing law are appropriate. It identifies a connection between those barriers and the role of legal services providers (‘lawyers’) in permitting individuals to obtain their basic political and economic rights in a liberal democracy. Democratic values require making legal services as equally available as possible to all citizens, while liberal values dictate that each individual has access in order to enforce human rights, compete in a market economy, and engage in a legal system grounded in the rule of law. Liberal and democratic values therefore require the …

U.S. Trafficking Policy And The J-1 Visa Program : The State Department's Challenge From Within, Patricia Medige, Catherine G Bowman

Intercultural Human Rights Law Review

This article will review two key J-1 categories of the Exchange Visitor Program-the Au Pair and Summer Work Travel (SWT) programs-and compare the legal protections afforded by them to those provided under the H-2A and H-2B visas, two temporary worker visa programs regulated by the U.S. Department of Labor (USDOL).7 The article will then discuss the J-1 program within the context of the U.S. Trafficking Victims Protection Act (TVPA),8 a federal law passed in 2000, which significantly altered the legal definitions and penalties associated with human trafficking and conferred additional responsibilities to the State Department to coordinate anti-trafficking efforts. The …

Picuris Pueblo Tribal Court Handbook (2012), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.