Digital Commons Network^™

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah I. Williamson

University of Colorado Law Review

federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This Article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into a political movement, the Sagebrush Rebellion. Though Kleppe failed to undermine …

Indian Courts And Fundamental Fairness: Indian Courts And The Future Revisited, Matthew L.M. Fletcher

University of Colorado Law Review

This article comes out of the University of Colorado Law Review's symposium issue honoring the late Dean David H. Getches. It begins with Dean Getches's framework for analyzing Indian courts. I revisit Indian Courts and the Future, the 1978 report drafted by Dean Getches, and the historic context of the report. I compare the 1978 findings to the current state of Indian courts in America. This article focuses on the reality that the ability of Indian courts to successfully guarantee fundamental fairness in the form of due process and equal protection of the law for individuals under tribal government authority …

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

University of Colorado Law Review

No abstract provided.

Law Clinics And Lobbying Restrictions, Kevin Barry, Marcy Karin

University of Colorado Law Review

"Can law school clinics lobby?" This question has plagued professors for decades but has gone unanswered, until now. This Article situates law school clinics within the labyrinthine law of lobbying restrictions and concludes that clinics may indeed lobby. For ethical, pedagogical, and, ultimately, practical reasons, it is critical that professors who teach in clinics understand these restrictions. This Article offers advice to professors and students on safely navigating this complicated terrain.

Re-Evaluating The American Dream For Low-Wage Chinese Workers In Los Angeles, Priscilla Hsu

CMC Senior Theses

The research in this thesis will look at the lives of a very specific group of Chinese immigrant workers in the restaurant industry, particularly those in the metropolitan city of Los Angeles. While unskilled Chinese workers are popular in the Chinese restaurant business because of the lack of skills required, they are quite mobile between the manufacturing and construction sectors as well. Working conditions are less than ideal for these immigrants, who find that life in America may not be what they expected prior to arrival. Though there are many organizations that seek to improve the lives of immigrants already …

The Legalzoom Identy Crisis: Legal Form Provider Or Lawyer In Sheep's Clothing?, Isaac Figueras

Case Western Reserve Law Review

No abstract provided.

Effective Contract Drafting: Indentifying The Building Blocks Of Contracts, Lori D. Johnson

Scholarly Works

No abstract provided.

City Faces Trans Woman’S Claim Of Hostile Treatment, Arthur S. Leonard

Other Publications

No abstract provided.

Beyond The Orthodoxy Of Rule Of Law And Justice Sector Reform: A Framework For Legal Empowerment And Innovation Through The Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Deepti Samant Raja, Peter Blanck

Articles

No abstract provided.

Toward A Jurisprudence Of Law, Peace, Justice, And A Tilt Toward Non-Violent And Empathic Means Of Human Problem Solving, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this essay the author sets out some questions about whether law can be made a site of encouraging more positive, peace seeking, non-violent, and pro-social behaviors. These questions derive from my own family history, as well as from my experience as a social and political activist, and also as a practicing lawyer and legal scholar. She begins in the introduction by setting out these questions in light of current conditions of domestic and international violence and some past considerations of categories of law. In the second section of this essay the author explains where her questions come from—her personal …

Nested Ethics: A Tale Of Two Cultures, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

This article suggests that a law firm that desiring to promote ethical behavior by its lawyers needs to complement efforts to establish an “ethical infrastructure” and an “ethical culture” with attention to its broader organizational culture. Specifically, research indicates that the perception that an organization treats its members fairly–their sense of organizational justice--is an important factor in prompting members’ ethical behavior.

Many law firms in the last two or three decades have devoted attention to establishing what has been called an “ethical infrastructure” that reflects appreciation of the importance of organizational policies and procedures in encouraging ethical behavior. Such measures …

Extending Positive Identification From Persons To Places: Terrorism, Armed Conflict, And The Identification Of Military Objectives, Laurie R. Blank

Utah Law Review

In January 2013, French forces combating rebel forces in Mali attacked "Islamic targets" in northern Mali and French fighter planes "hit rebel targets in the northern cities of Gao and Kidal" Turkish forces frequently attack "rebel positions," fighting the Kurdistan Workers Party (PKK) in Iraq's Kurdistan region, and the Sri Lankan Army targeted "terroris stronghold[s]" during the conflict with the Tamil Tigers. The Israel Defense Forces contend with "rocket villages" in Hezbollah-dominated areas in southern Lebanon and with the complexities of a periodically intensifying conflict with a terroris entity governing the Gaza Strip. In Afghanistan, U.S. and multinational forces seek …

Ethical Lawyering In A Global Community, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

Uf Law Spring 2013, University Of Florida Levin College Of Law

UF Law Magazine

A Historic Turn; Guns and Justice; Law of Innovation; Devotion to Adoption

Uf Law Fall 2013, University Of Florida Levin College Of Law

UF Law Magazine

Charting What's Next for Legal Practice; The Maestro of UF Law; Special Tax Section: A Better Corporate Code; Bitcoin: The New Switzerland?; Grad Tax Tour de Force

The Marshall-Brennan Effect: The Benefits Of Teaching Constitutional Literacy For Law Students, Jessica L. Waters, Lynn A. Addington

Denver Law Review

No abstract provided.

Educating Young People About Law In A Disadvantaged City: Rutgers University School Of Law And The City Of Camden, New Jersey, Jill Friedman, Conrad Haber, Eve Biskind Klothen

Denver Law Review

No abstract provided.

Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein

Richmond Public Interest Law Review

By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does …

Keywords

Richmond Public Interest Law Review

Keywords for the bills

Senate Bills

Richmond Public Interest Law Review

Listing of Senate bills from the 2013 General Assembly

The Historical Contingencies Of Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” …

Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark

Georgetown Law Faculty Publications and Other Works

In this study of 380 students in a law school’s 2011 graduating class, the data demonstrates a strong correlation between high performance in legal writing courses and high performance in non-legal writing courses. There is also a strong correlation at the opposite end: low performers in legal writing courses are low performers in non-legal writing courses. This article provides the hard data to support the significance of writing skills by demonstrating the correlation between performance in legal writing courses and performance in other law school courses by comparing grades and Grade Point Averages (GPAs). Of course grades and GPA data …

Graduate Catalog, 2013-2014, University Of South Florida St. Petersburg. Office Of Graduate Studies

Graduate Catalogs

No abstract provided.

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Faculty Articles

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 6) (Winter 2013), Roger Williams University School Of Law

RWU Law

No abstract provided.

Lawyering Outside The Box: Confronting The Creativity Crisis, Samantha A. Moppett

Suffolk University Law School Faculty Works

The Great Recession was not only a defining moment in world history and for the United States economy; it was also a turning point for the legal profession. The economic downturn resulted in a long-term structural adjustment in the legal services market that will adversely impact the legal profession permanently. Accordingly, lawyers need to be creative in adapting to the changing realities of law practice.

Yet, despite the need for creative approaches to address the changing legal landscape, a disturbing phenomenon was recently identified; creativity in the United States is declining. Moreover, legal education and the legal practice impose barriers …

2013 Conference Report: The Social Practice Of Human Rights, Mark Ensalaco

Human Rights Program Documents

Universities have new importance in the global human rights movement.

This was the resounding message the University of Dayton heard at its global conference on human rights advocacy in October 2013. The human rights movement is experiencing dramatic changes. Dynamic new NGOs in the global South are resetting the human rights agenda. Popular movements inspired by human rights ideals are arising around the world to demand justice. New information technologies are creating the possibility of real global solidarity. The movement must adapt. Human rights organizations must imagine new strategies to address poverty and other root causes of human rights violations. …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert F. Seibel

Faculty Scholarship

We conclude in this Article that expanded practice-based, experiential education will provide foundational learning for the successful transition from law student to law practice, and that clinical education (in-house clinics, hybrid clinics, and externships) is crucial to the preparation of competent, ethical law graduates who are ready to become professionals. We urge law schools to require each graduate complete a minimum of twenty-one experiential course credits over the three years of law school, including at least five credits in law clinics or externships. Twenty-one required credits (or roughly 25 percent of the eighty-three required credits for graduation from an American …

Somewhere To Go: Protecting Families Facing Mental Illness Through Healthcare Reform And The Medical-Legal Partnership Model, Amanda M. Walsh

Public Interest Law Reporter

No abstract provided.

"C U In Crt": Legal Aid Straight To Your Phone, Jessica Ratner

Public Interest Law Reporter

No abstract provided.