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2012

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Articles 931 - 960 of 1378

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Center News And Faculty Updates, Human Rights Brief Jan 2012

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Immigration And Ethnic Diversity In Nevada, Thomas Wright, John P. Tuman, Maryam T. Stevenson Jan 2012

Immigration And Ethnic Diversity In Nevada, Thomas Wright, John P. Tuman, Maryam T. Stevenson

Social Health of Nevada Reports

In a few decades, non-Hispanic whites will constitute a bare majority in the United States. If current demographic trends continue, the Hispanic population will double or even triple in size by 2050, the Asian population will double, and the African-American population will grow at a faster pace than non-Hispanic whites, which are actually expected to begin declining by 2025. These developments promise to bring profound changes in the country’s ethnic and racial landscape.


Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams Jan 2012

Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams

Faculty Publications

In a recent high-profile prosecution, the federal district court criticized defense counsel for filing a post-trial brief that copied passages from previously published material without attribution. The court followed other recent decisions that, since about 2000, have chastised lawyers for briefs marked by plagiarism. Some lawyers had copied passages from earlier judicial opinions that rest in the public domain, and some lawyers (as in the recent prosecution) had copied passages from private sources that are subject to the copyright laws. In either event, courts have labeled lawyers’ plagiarism “reprehensible,” “intolerable,” “completely unacceptable,” and “unprofessional.”


Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo Jan 2012

Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo

Maryland Journal of International Law

No abstract provided.


Export Controls And Economic Sanctions, John Boscariol, Steven Brotherton, Matthew A. Goldstein, David T. Hardin, Valentin A. Povarchuk, Nicholas M. Roegner Jan 2012

Export Controls And Economic Sanctions, John Boscariol, Steven Brotherton, Matthew A. Goldstein, David T. Hardin, Valentin A. Povarchuk, Nicholas M. Roegner

The International Lawyer

No abstract provided.


Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake Jan 2012

Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake

Fordham Urban Law Journal

The law needs music, a truth revealed by revisiting the United States Supreme Court’s opinion in NAACP v. Button through the songs of Bob Dylan and the play Music History. This Essay proceeds in three parts. Part I opens with a summary of the Court’s decision in NAACP v. Button, focusing particularly on the expanded understanding of First Amendment rights related to access to the law that flow from this legal opinion. Part II explains the inspiration for this Essay, Seaton’s play Music History, which reveals the influence of music on law and culture during the civil rights movement. Part …


South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar Jan 2012

South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar

In the Balance

No abstract provided.


Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha Jan 2012

Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha

Journal of Law and Health

This Note examines the shortcomings of Ohio’s current anti-trafficking legislation and argues that additional victim-focused legislation must be enacted at the state level to prevent human trafficking and to protect victims. Part II provides a broad overview of the human-sex-trafficking epidemic, its magnitude at an international level, and the United Nations’ response. Part III discusses the scope of human trafficking within the United States. It also examines federal level anti-trafficking initiatives, including the Trafficking and Violence Protection Act of 2000 (TVPA), its reauthorizations, and its effectiveness in preventing domestic human trafficking and in protecting victims. Part IV addresses the urgent …


Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke Jan 2012

Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

It is true that the recession of 2008–2009 seriously undermined the job market for both new and experienced lawyers. It is also true that legal education is expensive, and many students pay for it through loans that have to be repaid after graduation. And it is well documented that some law schools misstated employment and other statistics in the tight, competitive job market of recent years. But connecting the dots in this case does not lead to a conclusion that our system of legal education is bankrupt or that law school is not an excellent career choice for many students. …


Judicial Support For Pro Bono Legal Service, Gregory J. Hobbs Jr. Jan 2012

Judicial Support For Pro Bono Legal Service, Gregory J. Hobbs Jr.

Denver Law Review

No abstract provided.


Herding Cats: Role Ambiguity, Governance, And Law School Clinical Programs, Binny Miller Jan 2012

Herding Cats: Role Ambiguity, Governance, And Law School Clinical Programs, Binny Miller

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Financing The Future Of Legal Education: "Not What It Used To Be", Steven R. Smith Jan 2012

Financing The Future Of Legal Education: "Not What It Used To Be", Steven R. Smith

Faculty Scholarship

This Article will first review the substantial improvements in legal education and track the sources of the funding for these improvements. It will look at whether law school is, and continues to be, a good economic investment for most students. It will then consider the current economic circumstances of legal education and the possible coming disconnect between expectations and reality. It will conclude by considering what could improve the lot of legal education in the future and, to the contrary, what could make matters much worse.


Professional Identity As Advocacy, Robert Rubinson Jan 2012

Professional Identity As Advocacy, Robert Rubinson

All Faculty Scholarship

The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …


The Evolving Economic Structure Of Higher Education, Henry Hansmann Jan 2012

The Evolving Economic Structure Of Higher Education, Henry Hansmann

University of Chicago Law Review

No abstract provided.


Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2011., Stark Town Representatives Jan 2012

Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2011., Stark Town Representatives

Stark, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Whose Ethics? The Benchmark Problem In Legal Ethics Research, Elizabeth Chambliss Jan 2012

Whose Ethics? The Benchmark Problem In Legal Ethics Research, Elizabeth Chambliss

Faculty Publications

How should we interpret differences between junior and senior lawyers’ perceptions of ethicality in the workplace? One theory holds that junior lawyers are more reliable informants; that their perceptions are not yet corrupted by self-interest and the demands of practice and therefore will tend to be closer to universal or ordinary morality. This is the predominant theory in the academic literature on large law firms, which tends to portray large law firms as being in perpetual moral decline. To some extent, this corruption narrative informs all critical legal ethics research.

An alternative theory holds that junior lawyers are inexperienced and/or …


Making Good Lawyers, Eli Wald, Russell G. Pearce Jan 2012

Making Good Lawyers, Eli Wald, Russell G. Pearce

Faculty Scholarship

Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …


Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley Jan 2012

Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley

UC Law Business Journal

The article presents and discusses opportunities for advocacy that lie at the intersection of the legal and creative community. Economists have identified a shift from in the economy where the most valued quality for stimulating the economy is creativity. This shift will force lawyers to reorient their legal services to survive and better responds to their clients. The articles examines the challenges facing a subset of artists and the link between the creative economy and strengthening regional and local U.S. economies, focusing on the development of microenterprises. The article also details practical steps lawyers can take to provide legal assistance …


International Law Bares Its Teeth: How States And International Organizations Enforce Customary Norms And Treaty Obligations: Introduction, Justin T. Carlson Jan 2012

International Law Bares Its Teeth: How States And International Organizations Enforce Customary Norms And Treaty Obligations: Introduction, Justin T. Carlson

American University International Law Review

No abstract provided.


Independence And Impartiality Of Arbitrators: 3 Issues, Dominique Hascher Jan 2012

Independence And Impartiality Of Arbitrators: 3 Issues, Dominique Hascher

American University International Law Review

No abstract provided.


Looking Backward, Looking Forward: The Supreme Court Of Canada’S Decision In R. V. Ipeelee, Jonathan Rudin Jan 2012

Looking Backward, Looking Forward: The Supreme Court Of Canada’S Decision In R. V. Ipeelee, Jonathan Rudin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Supreme Court of Canada’s decision in March 2012 in R. v. Ipeelee confirmed that the Court remained committed to the principles it set out in the 1999 decision of R. v. Gladue with respect to addressing the causes of Aboriginal over-representation in prison through the sentencing process. The Court made it clear that the Gladue analysis must be carried out in every case regarding an Aboriginal offender regardless of severity and that it is not necessary for there to be a nexus between the circumstances of the particular offender and the offence itself. The Court also stated that: The …


Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport Jan 2012

Dressed For Excess: How Hollywood Affects The Professional Behavior Of Lawyers, Nancy B. Rapoport

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Developing A Philosophy Of Lawyering, Nathan M. Crystal Jan 2012

Developing A Philosophy Of Lawyering, Nathan M. Crystal

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine Jan 2012

A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Treat The Children Well: Shortcomings In The United States' Effort To Protect Child Trafficking Victims, Micah N. Bump Jan 2012

Treat The Children Well: Shortcomings In The United States' Effort To Protect Child Trafficking Victims, Micah N. Bump

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin Jan 2012

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Prosecuting International Parental Kidnapping, Susan Kreston Jan 2012

Prosecuting International Parental Kidnapping, Susan Kreston

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz Jan 2012

Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz

Michigan Business & Entrepreneurial Law Review

This article examines issues that are more frequently arising for universities concerning intellectual property in student inventions. It seeks to identify the issue, explain the underlying law, identify actual and proposed solutions to these issues, and explain the legal ramifications of these potential solutions.


No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton Jan 2012

No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton

Articles

No abstract provided.


Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu Jan 2012

Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu

Scholarly Articles

Sudeb Basu (J.D., Catholic University, 2011) and Professor J.P. “Sandy” Ogilvy (Catholic University) report on the results of a 2007-2009 national survey of externship programs at American law schools and compare many of the data points to previous surveys of externship programs, the 2007-2008 CSALE survey, and some ABA/LSAC data, to chart the growth and increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include limits on the number of externship credits or externship courses, student involvement in externships, the distribution of credits awarded for externship courses, the average number of hours of …