Digital Commons Network^™

Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding

Faculty Publications

This article details the findings of a two-year empirical study on the impact of a law school academic support program (ASP) on law students. The hypothesis of the study was that as students' participation in a well-resourced, open-access ASP increases, students' perception of "autonomy support" and "humanizing" grows as well. The study concludes, based upon statistically significant data, that law school ASPs impact students in positive ways and therefore are worth the investment. This article is the third in a series designed to show that law school academic support measures positively impact students' well-being and lead to a more robust …

Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan

Faculty Scholarship

No abstract provided.

What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck

Articles

Law schools face increasing pressure to improve instruction in practice-oriented skills. One of the most important of these skills is legal writing. The existing literature on legal writing contains various rules and suggestions as to how legal writers can improve their writing skills. Yet it lacks an adequate theoretical account of the fundamental nature of good legal writing. As a result, legal writers are left without a solid conceptual framework to ground the individual rules and suggestions. This Article attempts to fill the theoretical void in the literature by offering a systematic analysis of what it is for a legal …

The "Independent" Sector: Fee-For-Service Charity And The Limits Of Autonomy, Lloyd Hitoshi Mayer

Journal Articles

Although numerous scholars have attempted to explain and justify the benefits provided to charities, none has been completely successful. Their theories share, however, two required characteristics for charities. First, charities must be distinct from other types of entities in society, including governmental bodies, businesses, other types of nonprofit organizations, and informal entities such as families. Second, charities must provide some form of public benefit. Given these defining characteristics, the principal role for the laws governing charities is to protect charities from influences that could potentially undermine these traits. This Article is the first to recognize fully the importance of this …

The Place Of Law In Ivan Illich's Vision Of Social Transformation, Bruce K. Miller

Faculty Scholarship

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 …

Delaware Court Of Chancery: Change, Continuity – And Competition, John C. Coffee Jr.

Faculty Scholarship

For Delaware, it is the best of times and the worst of times. The institutional prestige of the Delaware Court of Chancery has never been higher. Under the leadership of Chancellors Allen, Chandler and Strine, the court has converted many (and possibly most) of the academics, who once tended to be skeptical of Delaware. Academics and practitioners alike have been impressed by both the depth and thoughtfulness of the court of chancery's decisions and the hardworking style of its vice chancellors (who regularly seem able to turn out lengthy decisions in days that would take many federal circuit courts months …

The Influence Of Rudolf Von Jhering On Karl Llewellyn, Julie E. Grise, Martin Gelter, Robert Whitman

Faculty Scholarship

No abstract provided.

Do We Have 18th Century Courts For The 21st Century?, Michael L. Buenger

Kentucky Law Journal

No abstract provided.

State Courts And Public Justice: New Challenges, New Choices, John T. Broderick, Lawrence Friedman

Kentucky Law Journal

No abstract provided.

Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook

Kentucky Law Journal

No abstract provided.

Further Considerations: Immigrant Entrepreneurs - Contributions And Challenges, Jayesh Rathod

Contributions to Books

An overview of the contributions made by immigrant entrepreneurs in the United States, and the challenges they face.

Ethical Limits On Civil Litigation Advocacy: A Historical Perspective, Carol Rice Andrews

Articles

This article considers and critiques the history of civil litigation conduct standards from ancient times to the present For hundreds of years in both England and France truth and reasonable behavior were constant duties owed to the judicial system itself and they remain paramount today The primary evolution has come with regard to whether any of three additional court duties just cause motive or objective merit also take precedence over client duties Early European litigation standards varyingly imposed versions of each and in nineteenth century America lawyers and scholars debated alternative models for proper litigation advocacy ranging from a full …

Tribute To Wilbur C. Leatherberry, Karen Nelson Moore

Case Western Reserve Law Review

No abstract provided.

United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment, Herbert W. Titus, William J. Olson

Journal of Law, Technology, & the Internet

No abstract provided.

Ethical Limits On Civil Litigation Advocacy: A Historical Perspective, Carol Rice Andrews

Case Western Reserve Law Review

No abstract provided.

Supporting Informed Learners In The 21st Century, Christine S. Bruce, Hilary Hughes, Mary M. Somerville

University Libraries Librarian and Staff Articles and Papers

This article elaborates the concept of informed learning and locates it in educational, workplace, and community settings. Drawing on existing research into people’s experience of information literacy, it identifies critical experiences of informed learners in each of these three settings. It also explores the support required in educational, community, and workplace contexts, which makes informed learning possible. Recognizing strong implications for policy makers in different sectors, the article presents a set of guiding principles for developing informed learning and learners. The idea of informed learning represents and advances understandings of information literacy that incorporate the broader concept of using information …

An Entrepreneurial Perspective On The Business Of Being In Our Profession Conference: The Law: Business Or Profession: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Steven H. Hobbs

Articles

No abstract provided.

Employee Benefit Plans With Conforming Changes As Of January 1, 2012; Audit And Accounting Guide, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Department Of Regional Development And Lands Annual Report 2011-2012, Department Of Primary Industries And Regional Development

Western Australian Regional Development Trust Annual Reports

RDL is responsible for:

• Administering and managing Western Australia’s Crown land estate and pastoral leases

• Delivering the $6.5 billion Royalties for Regions program

• Ensuring that challenges and opportunities in regional Western Australia are addressed by clear and comprehensive legislation, policies and procedures.

Indigenous Secondary Education: What Implications For Counsellors Lie In The Stories Of Indigenous Adults, Who As Children, Left Their Home Communities To Attend School?, Suzanne Jenkins

Theses

Education is the great engine of personal development. It is through education that the daughter of the peasant can become a doctor, that the son of a mineworker can become the head of the mine, that the child of a farm worker can become the president of a great nation. Nelson Mandela

Access to a ‘good’ education is often argued as deserving of the highest priority. The available research pertaining to the educational experience of Australian Indigenous students, however, too often reflects a picture of profound disadvantage, particularly in relation to their non-Indigenous counterparts. In 2008, Prime Minister Rudd announced …

The Foreign Trade Antitrust Improvements Act: Do We Really Want To Return To American Banana?, Joseph P. Bauer

Journal Articles

The extra-territorial reach of the antitrust laws is subject to multiple constraints, including the Commerce Clause of the constitution, the text of the antitrust statutes, and a variety of policy considerations. At the beginning of the twentieth century, in the American Banana case, the Supreme Court severely limited the application of the antitrust laws to anti-competitive behavior beyond our shores. The next eighty years saw an expansion of their extra-territorial reach, by including within their coverage a range of foreign conduct which had domestic effects. However, confusion among the lower courts as to the extent of this coverage, as well …

The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?, Bruce A. Green

Faculty Scholarship

This paper considers how US courts, which regulate the US legal profession, should respond to the perceived excess of lawyers (i.e. to the lack of adequate employment opportunities for lawyers). It begins by summarizing the courts’ regulatory role. It then situates the contemporary flood-of-lawyers problem in the unavailability of well-paid legal work, not in the absence of a need for lawyers’ services: many people need lawyers, but they cannot afford them. Next, the paper explores whether the problem is simply a product of natural economic fluctuation which will be solved naturally, particularly if potential law school applicants become better informed, …

Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas

Articles

Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …

When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr

Articles

This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073

If We Could, Then So Can You: The Seventh Circuit Resurrects Its Judge Versus Arbitrator Analogy To Reinstate A Repeat Arbitrator Note, Collin Koenig

Journal of Dispute Resolution

Arbitration clauses provide a method for companies to settle business disputes without expending the amount of time and resources required in judicial proceedings. When an arbitration clause is invoked, a neutral third party takes on the role of adjudicator, and the parties defer to the unbiased decision of that neutral. Sometimes what is "unbiased" becomes more uncertain when parties contract for the right to appoint their own arbitrators. Trustmark Ins. Co. v. John Hancock Life Ins. Co. stands for the principle that the Seventh Circuit will relax the impartiality standard to which they hold party-appointed arbitrators, especially compared to the …

To Kill A Mockingbird Mediator?: Assessing The Need For Third-Party Neutrals In Federal Bankruptcy Courts' Home Foreclosure Avoidance Programs, Lancelot L. Esteibar

Cardozo Journal of Conflict Resolution

This Note proceeds in four parts. First, Part I provides background information on the mortgage crisis, the loss mitigation processes, and current federal, state, and bankruptcy court programs aimed towards preventing foreclosure. Second, Part II describes the role of a mediator and the process of mediation. Third, Part III examines barriers to effective negotiation and why mediators can assist in overcoming those obstacles in the bankruptcy courts' loss mitigation programs. Finally, Part IV offers an alternative to the direct negotiation model prescribed by the S.D.N.Y., E.D.N.Y., and D.R.I. loss mitigation programs.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 31 (2012)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New York Law School Magazine, Vol. 32, No.1, New York Law School

New York Law School Magazine

Features:

Unshared bounty: The Racial Justice Project Reports on Food Deserts

NYLS ‘90s Grads: Where Are They Now?

Professor Lenni B. Benson Taps the NYLS Network to Impact Immigration Law

Calling For Justice In The Goldfields Of Tanzania, Madoshi H. Makene, Jody Emel, James T. Murphy

Geography

Tanzania is the third largest gold exporter in Africa, thanks in part to the liberalization of the mining sector which started in the early 1990s. Neoliberal mining reforms promised a win-win situation in which government, investors and local host communities would benefit through export earnings, profits, local employment, andcorporate social responsibility initiatives (e.g., the building of schools and clinics). While the rising price of gold and foreign investments in mining activities have delivered on some of these promises, many residents in mining regions have not benefited socioeconomically. Worse still, their communities have unjustly borne the brunt of the environmental, social, …