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Introduction To Symposium Issue - Government Speech: An Introduction To A Constitutional Dialogue, David S. Day

South Dakota Law Review

No abstract provided.

Authoritarian Legal Ethics: Bradley Wendel And The Positivist Turn, William H. Simon

Faculty Scholarship

In this Review, I respond to the authoritarian theme in Lawyers and Fidelity to Law. In essence, I argue: neither libertarianism nor authoritarianism is a plausible starting point for a general approach to legal ethics. It is a great virtue of Ronald Dworkin’s jurisprudence that it suggests a conception of law and legal ethics that does not depend on either perspective. Moreover, it suggests a conception of lawyer responsibility that is more plausible than either Emersonianism or moralistic positivism. By gesturing toward positivism and by surrendering to less reflective authoritarian impulses, Wendel’s argument underestimates the extent to which social …

Where Is The "Quality Movement" In Law Practice?, William H. Simon

Faculty Scholarship

The "Quality Movement" that originated in industrial production and has since influenced the professions prescribes standardized work, root cause analysis of errors, peer review, and performance measurement. While these reforms have transformed medicine and some other professions, their influence has lagged in the legal profession. This Essay reviews the limited progress of the reforms in law and assesses the cultural, institutional, and doctrinal obstacles they face.

Osgoode Syllabus Of Courses And Seminars: 2012 - 2013, Office Of Student Services

Syllabi

No abstract provided.

The Eu Polity And Foreign Policy Coherence, Clara Portela, Kolja Raube

Research Collection School of Social Sciences

The present article examines the character of the European Union (EU) as a polity by looking at the mechanisms it employs to ensure the coherence of its foreign policies. It first contrasts three ideal polity types. The methods chosen to ensure coherence in foreign policy actions differ according to each of the three polity types. The article then explores how the EU ensures coherence through institutional reform, and subsequently looks in detail at two illustrative policy fields: aid sanctions and civilian crisis-management. The investigation concludes that the organisation of EU foreign policies combines elements from different polity types.

African American Grandparents Raising Their Grandchildren In Rural Areas: A Phenomenological Investigation In South Georgia, Emmanuel Nii Okai Clottey

College of Graduate Studies: Theses & Dissertations

Grandparents are increasingly raising their grandchildren in the United States of America. Those grandparents who live in rural areas face limited resources to help them raise their grandchildren. This phenomenological study is an investigation of the phenomenon of African American grandparents raising their grandchildren in Southeastern rural Georgia and the resources available to them. It looked at what it will take to start a faith-based or community-based support group for these Africa American grandparents raising their grandchildren in a rural setting. The concept of phenomenology served as the theoretical foundation for the study with social ecological model and social support …

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

Faculty Scholarship

No abstract provided.

The Stages Of Scandal And The Roles Of General Counsel, Deborah A. Demott

Faculty Scholarship

This Essay examines the roles of a general counsel, as the corporation’s chief legal officer, in responding to scandals when they happen and in developing and enforcing internal preventive practices prior to the occurrence of any particular scandal. The Essay differentiates between scandals and crises more generally, emphasizing the integral connection between scandal and jeopardy to reputation and tracing the interrelationships between a corporation’s reputation and that of its general counsel. The Essay argues that risks associated with scandal may strengthen general counsel’s power within the senior management team, in particular in general counsel’s relationship with the corporation’s CEO. Although …

Gladue: Beyond Myth And Towards Implementation In Manitoba, Debra Parkes, David Milward

All Faculty Publications

In the mid-1990s, section 718.2(e) of the Criminal Code of Canada was enacted in response to the alarming over-representation of Aboriginal people in Canada’s prisons and jails. Its admonition to consider “all available sanctions other than imprisonment that are reasonable in the circumstances… with particular attention to the circumstances of Aboriginal offenders” requires, according to the Supreme Court in the leading case of R v Gladue, that justice system participants do things differently in sentencing Aboriginal people. However, in the ensuing years the level of over-representation has got worse, rather than better. There are a number of different explanations that …

Comment: A Minor Conflict: Why The Objectives Of Federal Sex Trafficking Legislation Preempt The Enforcement Of State Prostitution Laws Against Minors, Susan Crile

American University Law Review

No abstract provided.

January 2012 Newsletter, Career Center, Illinois Wesleyan University

Career Connections Newsletter

Issue Highlights:

• Beyond the Bubble - Alumni Profile: Kate Tombaugh '07
• Is There Life after IWU? The Class of 2011 Speaks
• Recruiting Trends" Show Hope for the Job Market

Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan S. Fortney, Tahlia Gordon

Hofstra Law Faculty Scholarship

In Australia, amendments to the Legal Profession Act require that incorporated legal practices (ILPs) take steps to assure compliance with provisions of the Legal Profession Act 2004. Specifically, the legislation provides that the ILP must appoint a legal practitioner director to be generally responsible for the management of the ILP. The ILP must also implement and maintain “appropriate management systems" to enable the provision of legal services in accordance with the professional obligations of legal practitioners. Because the new law did not define “appropriate management systems” (AMS) the Office of Legal Services Commissioner for New South Wales worked with representatives …

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Hofstra Law Faculty Scholarship

In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …

Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A. J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd

Hofstra Law Faculty Scholarship

This article first defines the general concept of a "knowledge center," and then demonstrates that research laboratories in the sciences provide a concrete example of that concept. This article then applies both the general concept of a "knowledge center" and the scientific research paradigm to legal education in the digital age. Since the information explosion, which occurred as a result of widespread access to the Internet and the World Wide Web, law schools have increasingly employed online tools to disseminate their traditional knowledge products. Being a knowledge center in the digital age, however, also involves re-conceptualizing the forms of useful …

Strengthening The Role And Capacities Of Kosovo Institutions For Effective Implementation Of Legislation, Sadete Demaj

Theses

Not provided.

“We Have The Right Not To Be Rescued...”: When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers, Aziza Ahmed, Meena Seshu

Faculty Scholarship

This paper highlights the impact of raid, rescue, and rehabilitation schemes on HIV programmes. It uses a case study of Veshya Anyay Mukti Parishad (VAMP), a sex workers collective in Sangli, India, to explore the impact of anti-trafficking efforts on HIV prevention programmes. The paper begins with an overview of the anti-trafficking movement emerging out of the United States. This U.S. based antitrafficking movement works in partnership with domestic Indian antitrafficking organisations to raid brothels to “rescue and rehabilitate” sex workers. Contrary to the purported goal of assisting women, the anti-trafficking projects that employ a raid, rescue, and rehabilitate model …

Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore

Faculty Scholarship

In 1916, Julius Henry Cohen—the subject of this conference—took up the now-perennial debate concerning whether law is a business or a profession, coming down on the side that, although legal practice had become too commercialized of late, law was and should be a profession. In 2010, Tom Morgan—one of the participants in this conference—addressed the same question in his book The Vanishing American Lawyer and provocatively concluded, contrary to Cohen, that “Law in America is not a profession—and that’s a good thing.”

A Tale Of Two Cases: Urging Caution In The Prosecution Of Hiv Non-Disclosure, Isabel Grant, Jonathan Glenn Betteridge

All Faculty Publications

Two provincial Courts of Appeal have recently released unanimous decisions that clarify the law regarding the obligation imposed upon people living with HIV to disclose their HIV status prior to sexual relations. The decision of the Manitoba Court of Appeal in R v. Mabior and of the Quebec Court of Appeal in R c. D.C. must be seen against a background of increasing criminal prosecutions in Canada of people with HIV who allegedly do not disclose their HIV status to sexual partners. Since the first HIV nondisclosure prosecution in 1989, there have been over 120 prosecutions. A high proportion of …

Gender Equality Rights And Trade Regimes: Coordinating Compliance, Pitman B. Potter

All Faculty Publications

Taken together, the symposium papers and presentations illustrate the rich diversity of perspectives and issues emerging from the discourse of Coordinated Compliance with regard to specific issues on gender equality and trade, revealing a fundamental concern over human well-being along with an abiding commitment to scholarly rigor.

Punctilios And Nonprofit Corporate Governance--A Comprehensive Look At Nonprofit Directors' Fiduciary Duties, Thomas Lee Hazen, Lisa Love Hazen

Faculty Publications

No abstract provided.

Stratification Of The Legal Profession: A Debate In Need Of A Public Forum, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

The American legal profession cannot presently meet the legal needs of the population. Ordinary citizens’ demand for legal services continues to rise, but those services are increasingly unaffordable. Recent law school graduates struggle to find professional employment opportunities, particularly ones that can provide salaries to meet their rising debt obligations. At the same time legal education continues to provide a general program of education while legal practice is increasingly specialized. The legal profession has not been innovative about meeting these related challenges. This article argues that the stratification of the legal profession has not been adequately explored as a way …

Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport

Scholarly Works

This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …

Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

UC Law Journal

Ever since Brandenburg v. Ohio, departures from content neutrality under the First Amendment have received strict scrutiny. However, in Holder v. Humanitarian Law Project (“HLP”), the Supreme Court decided that the perils of content regulation were less pressing than was the need to curb the human capital of groups, such as Hamas, designated as foreign terrorist organizations (“DFTOs”). As a result, the Court upheld a statute that bars “material support” of terrorist organizations, ruling that the statute bars speech coordinated with DFTOs, including training in negotiation or the use of international law. Some commentators have labeled HLP as heralding a …

Chapter 11 Reorganization And The Fair And Equitable Standard: How The Absolute Priority Rule Applies To All Nonprofit Entities, Pamela Foohey

Articles by Maurer Faculty

In recent years, nonprofit entities increasingly have sought bankruptcy protection. Though the Bankruptcy Code does not prevent nonprofits from reorganizing, Chapter 11 was designed for and applies best to for-profit businesses. This creates challenges for courts evaluating a nonprofit’s reorganization plan. This Article focuses on one crucial aspect of a court’s evaluation — the fair and equitable standard, a necessary, but not sufficient condition of which is satisfaction of the absolute priority rule.

The few courts addressing absolute priority claims in nonprofit reorganizations have held that the rule is categorically inapplicable to nonprofit entities except in limited circumstances. These courts …

Experiential Learning In A Lecture Class Exposing Students To The Skill Of Giving Useful Tax Advice, Heather M. Field

Faculty Scholarship

No abstract provided.

Globalization And U.S. Wages: Modifying Classic Theory To Explain Recent Facts, Jonathan Haskel, Robert Z. Lawrence, Edward E. Leamer, Matthew J. Slaughter

Dartmouth Scholarship

This paper seeks to review how globalization might explain the recent trends in real and relative wages in the United States. We begin with an overview of what is new during the last 10-15 years in globalization, productivity, and patterns of U.S. earnings. To preview our results, we then work through four main findings: First, there is only mixed evidence that trade in goods, intermediates, and services has been raising inequality between more- and less-skilled workers. Second, it is more possible, although far from proven, that globalization has been boosting the real and relative earnings of superstars. The usual trade-in-goods …

Advancing Health Law & Social Justice In The Clinic, The Classroom And The Community, John J. Ammann

All Faculty Scholarship

Law school clinics are paramount to developing law school graduates who embrace their “special responsibility for the quality of justice,” as well as their role in ensuring equal access to justice for marginalized, impoverished and underserved members of society. This responsibility permeates every aspect of lawyering, especially the practice of health law. This article explores, first, how clinics and social justice fit into the practice of health law and into the training of future health law attorneys and policymakers. Second, it defines social justice in the context of health and, finally, it provides examples that demonstrate how we can, and …