Digital Commons Network^™

Access To Justice For All: Towards An 'Expansive Vision' Of Justice And Technology, Jane Bailey, Jacquelyn Burkell, Graham Reynolds

All Faculty Publications

The Canadian dialogue regarding access to justice has taken an important turn in the last few years, more robustly conceptualizing what is to be accessed (“deliverables”) and who is intended to benefit (“beneficiaries”), as well as recognizing that access to justice initiatives that benefit some citizens or groups of citizens cannot be presumed to benefit all citizens. Recent initiatives shift focus away from particular kinds of deliverables (e.g. access to lawyers and courts) and/or particular groups of beneficiaries (e.g. the middle class) toward a more “expansive vision” of access to justice. The expansive vision not only integrates and prioritizes a …

Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Faculty Publications

No abstract provided.

Strategies Under Stress: How Senior Student Affairs Officers Are Managing In The Midst Of Institutional Retrenchment, Christopher Thuringer

Theses and Dissertations--Educational Policy Studies and Evaluation

Higher education had been one of the highest funding priorities in most states, however, in recent years, governors and state legislators have focused their efforts in higher education on cutting budgets to deal with historic gaps in revenue. As a result, university administrators have been challenged to modify their institutions’ academic programs, administrative units, and student affairs operations to contain costs and increase revenue. This study examined the extent of financial challenges faced in student affairs divisions at four-year, state-supported institutions during the period between 2008 and 2012 and the strategies utilized by senior student affairs officers to manage them. …

Peel-Off Lawyers: Legal Professionals In India's Corporate Law Firm Sector, Jayanth K. Krishnan

Articles by Maurer Faculty

This study is about hierarchy within the legal profession – how it presents itself, how it is retained, and how it is combated. The socio-legal literature on this subject is rich, with many roots tracing back to Professor Marc Galanter’s famous early 1970s article on the ‘Haves’ and ‘Have-Nots.’ Galanter’s piece and the work of those influenced by him rightly suggest that resources – institutional, financial, and demographic – contribute to whether lawyers are, and remain as, part of the ‘Haves.’ Yet, while resources of course greatly matter, as this study will argue other forces are significant as well. One …

Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino

Scholarly Works

Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.

What Do Clients Want From Their Lawyers, Clark D. Cunningham

Journal of Dispute Resolution

This article, however, will show how the research upon which the ABA story was based–as well as substantial research with other clients ranging from large organizations to individuals–indicates that what clients want most from their lawyers is an aspect of legal services given too little attention both in legal education and professional development: effective lawyer-client communication. After reviewing extensive social science research on causes of client dissatisfaction, this article will conclude by suggesting a variety of ways–from easy to ambitious initiatives—that law schools and law firms can provide greater emphasis on the importance of effective communication with clients, teach effective …

Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum , Barbara Glesner Fines

Journal of Dispute Resolution

The article first examines the politics of curricular reform. Before a law school will be able to increase or improve any skills instruction, the targeted skill must be important to enough to affect the curriculum. For example, sometimes law schools send inconsistent messages about the importance of legal research instruction. While external voices such as ABA accreditation standards and surveys of the practicing bar have long-recognized importance of the skills of legal research, evidence of the importance of the skill in the law school curriculum is mixed. If asked, most faculty members will agree that a given skill, such as …

Faculty Perceptions Of The Importance Of Internationalizing The General Education Curriculum In The Florida College System, Bonnie M. Clark

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to investigate the attitudes of community college general education faculty members regarding their perceptions of the importance of internationalizing the general education curriculum and to what extent those perceptions are related to their attitudes toward globalization. The study further examined the degree to which faculty members perceive that they are incorporating the teaching of global competencies into their courses. Finally, the study looked at faculty members' perceptions of administrative support - both from the perspective of what they felt their college should be doing to support internationalization and what their college was actually doing …

Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo

Faculty Scholarship

No abstract provided.

Representation For The Accused: Haiti's Thirst And A Role For Clinical Legal Education, Kate Bloch

Faculty Scholarship

No abstract provided.

General Jurisdiction And The Transnational Law Market, Donald Earl Childress Iii

Vanderbilt Law Review

No abstract provided.

Teaching Social Justice, Expanding Access To Justice: An Introduction, Ngai Pindell, Jackie Gardina

Scholarly Works

No abstract provided.

What's Left To Remedy Wage Theft? How Arbitration Mandates That Bar Class Actions Impact Low-Wage Workers, Nantiya Ruan

Scholarly Works

For low-wage workers who suffer “wage theft” – employers illegally withholding portions of their wages – the dollars missing from their paychecks violate existing law and significantly impact the well-being of individuals, families, and communities. Despite this dire societal problem, the Supreme Court continues “closing the courtroom doors” in two ways: allowing employers to force workers out of court and into private arbitration; and prohibiting aggregate claims. Such trends, in combination, silence wage theft, leaving many claims unheard while unscrupulous employers gain direct advantage.

This Article explains how various procedural rulings have combined to prevent meaningful redress for wage theft. …

Crimes Without Punishment An Update On Violence Against Women And Impunity In Guatemala, Karen Musalo, Blaine Bookey

Faculty Scholarship

No abstract provided.

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Cases And Controversies: Some Things To Do With Contracts Cases,, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Center For Urban Pedagogy With Molly Sherman, Center For Urban Pedagogy, Molly Sherman

Reference Points

Center for Urban Pedagogy with Molly Sherman looks at the work of CUP, a nonprofit that creates collaborative art and design projects to increase civic engagement. The book includes an interview with Christine Gaspar, the Executive Director of CUP, and an essay by Daniel D'Oca, an urban planner at Interboro Partners. It also features case studies of the following CUP projects: Vendor Power, Bodega Down Bronx, What is Affordable Housing?, Field Guide to Federalism, and Old School, New School.

This book is part of the Reference Points series published through Portland State University Art and Social Practice MFA …

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

Representing The Poor Legal Advocacy And Welfare Reform During Reagan's Gubernatorial Years, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

Sensibilities For Social Justice Lawyers, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

The Project Model Of Clinical Education: Eight Principles To Maximize Student Learning And Social Justice Impact, Anna Carpenter

Articles, Chapters in Books and Other Contributions to Scholarly Works

In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …

Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li

Articles, Chapters in Books and Other Contributions to Scholarly Works

Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound. In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Results from a survey experiment suggest that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in …

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande

Journal of Dispute Resolution

This article synthesizes some of the main points of the symposium contributors. They covered a wide range of key issues and thus this symposium provides a good overview of the challenges of and options for legal education reform. Of course, given the vast scope of the problems presented, this symposium issue of the Journal of Dispute Resolution cannot provide an all-encompassing analysis nor a comprehensive set of recommendations for reform. We do, however, hope that it will be a useful contribution to the growing movement and literature designed to improve legal education in the U.S. Part II of this article …

Masculine Law Firms, Ann C. Mcginley

Scholarly Works

This article describes the masculine culture in law firms and analyzes how this culture harms both men and women because of their gender. Part II explains MMT, and analyzes the masculine practices that exist in modern law firms. Part III studies a lawsuit brought by a law firm associate, a white male father of two who allegedly was fired in retaliation for taking leave under the Family Medical Leave Act and because of his failure to adhere to the macho stereotypes prevalent in the law firm. Part IV analyzes how the law should respond to masculine norms, and suggests that …

Dispute System Design: A Comparative Study Of India, Israel And California, Sheila Purcell

Faculty Scholarship

No abstract provided.

Ineffective Assistance Of Library: The Failings And The Future Of Prison Law Libraries, Jonathan Abel

Faculty Scholarship

The prison law library has long been a potent symbol of the inmate's right to access the courts. But it has never been a practical tool for providing that access. This contradiction lies at the core of the law library doctrine. It takes little imagination to see the problem with requiring untrained inmates, many of them illiterate or non-English speakers, to navigate the world of postconviction relief and civil rights litigation with nothing more than the help of a few library books. Yet law libraries are ubiquitous in American prisons. Now, in light of a technological revolution in legal research …

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues

All Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …

Helping Your Client Create And Grow A Successful Nonprofit Organization: A Checklist For The ‘Non’ Nonprofit Attorney, Dana M. Malkus

All Faculty Scholarship

The following feature is an abridged version of “Helping Your Client Create and Grow a Successful Nonprofit Organization,” an article which appeared in volume 67 of the Journal of The Missouri Bar in October 2011. The purpose of the original article was to provide Missouri attorneys with information and tools designed to enable them to offer pro bono legal assistance to start-up and established nonprofit organizations.