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2012

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Articles 961 - 990 of 1378

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Rudolf Von Jhering's Influence On Karl Llewellyn, Julie E. Grise, Martin Gelter, Robert Whitman Jan 2012

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

Tulsa Law Review

No abstract provided.


Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii Jan 2012

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii

Articles

No abstract provided.


Collaborating With The Real World: Opportunities For Developing Skills And Values In Law Teaching, Charity Scott Jan 2012

Collaborating With The Real World: Opportunities For Developing Skills And Values In Law Teaching, Charity Scott

Faculty Publications By Year

This article describes a broad range of teaching innovations and opportunities that classroom law professors can take advantage of in their own backyards. It presents examples of real-world engagement by faculty who help their students learn the skills, values, and attributes of good professional practice by supplementing what they already are teaching well with opportunities to learn the law in real-world contexts. Classroom professors do not need to become clinical professors or start teaching lawyering skills courses. Instead, they can collaborate with clinical professors, practicing lawyers, and other professionals outside their classrooms in settings that relate to their doctrinal fields. …


The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen Jan 2012

The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen

Articles

Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …


More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless Jan 2012

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …


The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly Jan 2012

The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly

University of Baltimore 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

University of Baltimore Law Review

No abstract provided.


The Consumer Bankruptcy Fee Study: Final Report, Lois R. Lupica Jan 2012

The Consumer Bankruptcy Fee Study: Final Report, Lois R. Lupica

Faculty Publications

The Consumer Fee Study’s primary objective is to identify and monetize these costs of bankruptcy access through the analysis of quantitative and qualitative data gathered from court dockets and from professionals working within the bankruptcy system. We began the quantitative section with the hypothesis that following BAPCPA’s enactment, the cost of accessing the consumer bankruptcy system increased. We set out to determine the degree of increased costs, as well as to identify the specific policies and practices affecting these costs. Additionally, we endeavored to evaluate, with specificity, how diverse local procedures and guidelines impact the system’s processes and outcomes. Our …


Fear Of Facebook: Private Ordering Of Social Media Risks Incurred By Healthcare Providers, Nicolas P. Terry Jan 2012

Fear Of Facebook: Private Ordering Of Social Media Risks Incurred By Healthcare Providers, Nicolas P. Terry

Nebraska Law Review

The last two years have seen important quantitative and qualitative shifts in social media use patterns as well as a rapid deployment of private ordering: social media policies and other contractual constructs emanating from physicians, professional organizations, employers, and educators. Yet, these private, often contractual attempts to regulate online interactions or social media conduct are not all benign, themselves creating ethical or legal risk. In this Article, I concentrate on social media and these new risk management constructs and do so primarily from the perspective of physicians. Part II provides updated statistics on Internet use by healthcare workers and explores …


Serving Through Adversity: Community-Based Nonprofits Negotiating Race, Place, And A State Budget Crisis, 2007-2011, Eilleen Rollerson Jan 2012

Serving Through Adversity: Community-Based Nonprofits Negotiating Race, Place, And A State Budget Crisis, 2007-2011, Eilleen Rollerson

Dissertations

This qualitative study examines the ways in which the leadership and staff of four community-based organizations in a high-poverty African American community in Chicago perceived and were impacted by economic, political, and social changes in their community from 2007 to 2011. During a time of economic hardship caused in part by the state's budget crisis that threatened their very survival, these nonprofits connected residents with community institutions, government, and church in response to their needs.

Processes of acquiring resources and capital, prioritizing the needs, shifting programs and people for maximum benefit, and finally shedding expendable programs and people for the …


Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber Jan 2012

Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber

Faculty Scholarship

The North Carolina Court of Appeals, in a case where negligent killing of a pet dog with no market value was admitted, has denied recovery of “intrinsic” damages (also called “actual” damages). Shera v. NC State University Veterinary Teaching Hospital, 723 S.E.2d 352 (N.C. App. 2012). Because the holding is narrow and the type of damages denied are not the same as emotional damages, a close look at the decision is warranted.


Journal Of The Senate State Of Colorado: Sixty-Eighth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2012

Journal Of The Senate State Of Colorado: Sixty-Eighth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Journal Of The House Of Representatives State Of Colorado: Sixty-Eighth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2012

Journal Of The House Of Representatives State Of Colorado: Sixty-Eighth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


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, Teresa L. Welch, Neal G. Hamilton 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, Teresa L. Welch, Neal G. Hamilton

Utah OnLaw: The Utah Law Review Online Supplement

Utah’s justice of the peace courts look and feel exactly like district courts, yet they lack the benefits and protections afforded to citizens charged with more serious offenses. Utah should strongly consider abolishing its justice courts in order to integrate them into a statewide system of justice that would “keep the peace” for all of the state’s citizens. If Utah does not abolish its justice courts, then it should implement the procedures and reforms outlined in this Article. Utah continues to have an opportunity to provide meaningful, and constitutional, justice administered at its local level. Once these reforms were implemented, …


The Earned Income Tax Credit, Low-Income Workers, And The Legal Aid Community, Adam S. Chilton, Jonathan P. Schneller, Joshua L. Boehm Jan 2012

The Earned Income Tax Credit, Low-Income Workers, And The Legal Aid Community, Adam S. Chilton, Jonathan P. Schneller, Joshua L. Boehm

Articles

The Earned Income Tax Credit ("EITC") is the largest US. welfare program, with twenty-four million low-income Americans receiving $60 billion of disbursals in 2009. Through the EITC, working Americans with little or no tax liability can receive up to nearly $6, 000 in refundable tax credits each year. Over the past two decades, policymakers have increasingly favored the EITC over direct-transfer welfare programs, citing its lower administrative expense (as recipients "self-certify" by filing taxes) and incentives for recipients to work. Despite its political appeal, the EITC suffers deep structural flaws. Largely because EITC claimants have little guidance in navigating the …


Due Process And The Future Of Class Actions, Alexandra D. Lahav Jan 2012

Due Process And The Future Of Class Actions, Alexandra D. Lahav

Loyola University Chicago Law Journal

No abstract provided.


Supreme Court Of Canada Equality Jurisprudence And “Everyday Life”, Patricia Hughes Jan 2012

Supreme Court Of Canada Equality Jurisprudence And “Everyday Life”, Patricia Hughes

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

The author asks whether the Supreme Court’s equality jurisprudence poses a model or standard for the equality efforts undertaken by organizations, or whether the standard is too low or complex. The Supreme Court’s rhetoric around equality has contributed to the broader equality conversation over the past 30 years and in some specific cases has had a definite impact. This is not the same, however, as the Court’s serving as a “leader” in advancing equality in the private or public sectors. The jurisprudence has been erratic and recent efforts to simplify it have not helped. The author concludes that only a …


An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales Jan 2012

An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales

Law Faculty Scholarship

The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our national security. This has prompted various legislative proposals relating to citizenship, including amending the U.S. Constitution to make clear that children born in the United States to unauthorized immigrants are not entitled to birthright citizenship. The Article presents the reasons why these various state and federal level “solutions” are either ineffective …


Convergences And Divergences In Educating Transnational Lawyers, Catherine Donnelly Jan 2012

Convergences And Divergences In Educating Transnational Lawyers, Catherine Donnelly

The International Lawyer

No abstract provided.


Patent Box Taxation: A Comparison Of Four Recent European Patent Box Tax Regimes And An Analytical Consideration Of If And How The United States Should Implement Its Own Patent Box, Jason M. Brown Jan 2012

Patent Box Taxation: A Comparison Of Four Recent European Patent Box Tax Regimes And An Analytical Consideration Of If And How The United States Should Implement Its Own Patent Box, Jason M. Brown

The International Lawyer

No abstract provided.


Title Page, Colorado General Assembly Jan 2012

Title Page, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Enactment Of Colorado Revised Statutes 2011 As The Positive And Statutory Law Of The State Of Colorado., Colorado General Assembly Jan 2012

Concerning The Enactment Of Colorado Revised Statutes 2011 As The Positive And Statutory Law Of The State Of Colorado., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Additional Methods For Providing Input To Executive Branch Agencies About Proposed Rules, And, In Connection Therewith, Directing Agencies To Establish Representative Groups To Evaluate And Comment On Proposed Rules, Requiring Agencies To Notify The General Assembly Of Any Rule-Making That Results In Increases In Fees Or Fines, And Requiring Agencies To Submit Departmental Regulatory Agendas To The General Assembly., Colorado General Assembly Jan 2012

Concerning Additional Methods For Providing Input To Executive Branch Agencies About Proposed Rules, And, In Connection Therewith, Directing Agencies To Establish Representative Groups To Evaluate And Comment On Proposed Rules, Requiring Agencies To Notify The General Assembly Of Any Rule-Making That Results In Increases In Fees Or Fines, And Requiring Agencies To Submit Departmental Regulatory Agendas To The General Assembly., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Professional Review Committees, And, In Connection Therewith, Implementing The Sunset Review Recommendations Of The Department Of Regulatory Agenices And Making An Appropriation., Colorado General Assembly Jan 2012

Concerning Professional Review Committees, And, In Connection Therewith, Implementing The Sunset Review Recommendations Of The Department Of Regulatory Agenices And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Statutory Changes To K-12 Education., Colorado General Assembly Jan 2012

Concerning Statutory Changes To K-12 Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The State Personnel System, And, In Connection Therewith, Enacting The "Modernization Of The State Personnel System Act"., Colorado General Assembly Jan 2012

Concerning The State Personnel System, And, In Connection Therewith, Enacting The "Modernization Of The State Personnel System Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Agriculture., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Agriculture., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly Jan 2012

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


House Memorial 12-1001, Colorado General Assembly Jan 2012

House Memorial 12-1001, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Protections For At-Risk Adults., Colorado General Assembly Jan 2012

Concerning Protections For At-Risk Adults., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.