Digital Commons Network^™

"But My Lease Isn't Up Yet!": Finding Fault With "No- Fault" Evictions, Eloisa C. Rodriguez-Dod

University of Arkansas at Little Rock Law Review

No abstract provided.

Report To Governor Mike Beebe, President Pro Tempore Of The Senate, And Speaker Of The House, Non-Legislative Commission On The Study Of Landlord-Tenant Laws

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson

Indiana Journal of Global Legal Studies

This article represents the first effort to measure the changing global supply and composition of lawyers over a period of several decades. In it I assemble data on lawyer populations and gender compositions from eighty-six countries and use them to calculate estimates for the rest of the world in order to paint a truly global picture of the changing supply of lawyers in general and of female lawyers in particular. Most of the data supporting my analyses come from a unique and hitherto untapped source: individual-level census data. Results reveal a clear sequence in the global process of lawyer feminization. …

Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver

Indiana Journal of Global Legal Studies

The dual forces of globalization and support for diversity in the legal profession are responsible for significant growth among U.S. law firms. Both women lawyers and those educated outside of the U.S. have been important elements facilitating the global trajectories of U.S. firms, but the interaction between the two has not been the subject of substantial research. We address this gap by drawing on an original dataset of lawyer biographies, and consider whether career strategies that involve the international mobility of lawyers are equally powerful for women and men. Our research suggests that globalization of large firm practice has not …

"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei

Indiana Journal of Global Legal Studies

Numerous studies document women's overrepresentation among those leaving the profession of law. Although research has documented high turnover among women lawyers, particularly from private practice, only a handful of studies have explored the factors precipitating the decision to leave. The main causal factors identified to date include difficulties associated with combining family life and law practice and problems of discrimination and blocked career advancement. In this paper, we analyze data from a longitudinal study of nearly 1,600 Canadian lawyers, surveyed across a twenty-year period. Using survival models to estimate the timing of transitions out of private practice, we examine factors …

Measuring State-Created Immigration Climate, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The phenomenon of subfederal immigration regulation, in which state and local governments enact laws regulating immigrants within their jurisdictions, has become an enduring part of the American legal landscape. Though still the subject of occasional legal challenges, the focus of the national conversation has shifted from whether to have subfederal immigration regulation, to what form that regulation should take. States have taken widely varying approaches to immigration regulation; some like Arizona and Alabama have enacted restrictive, negative laws, while other states like Illinois and California have enacted laws to benefit the immigrants within their jurisdictions. Thus, in order to understand …

Rethinking Lawsuits Against Law Schools: Graduates Must Overcome Significant Hurdles To Prevail Against Alma Mater, Drew Eckman

The Journal of Law and Education

No abstract provided.

How Juvenile Defenders Can Help Dismantle The School-To-Prison Pipeline: A Primer On Educational Advocacy And Incorporating Clients' Education Histories And Record Into Delinquency Representation, Jason B. Langberg, Barbara A. Fedders

The Journal of Law and Education

No abstract provided.

When A Woman Campaigns, Emily Sloan

Montana Law Review

This essay is a portion of a manuscript written by Montana's first female county attorney about her campaigns in the 1920s.

Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua E. Kastenberg

Faculty Scholarship

In Strickland v. Washington, the Court issued a standard for determining when defense counsel's ineffective performance, through no direct fault of the prosecution, law enforcement, public, or judiciary, undermined the fairness of a trial such that a conviction or sentence had to be rendered as a violation of due process. The article's conclusion presents a model for applying the legal history underlying Strickland to ineffective assistance cases.

The Continued Marginalization Of People Living With Hiv/Aids In U.S. Immigration Law, Cristina Velez

City University of New York Law Review

No abstract provided.

What The Frack Can We Do: Suggestions For Local Regulation Of Hydraulic Fracturing In New Mexico, Jonas Armstrong

Natural Resources Journal

No abstract provided.

Silver Linings: Reimagining The Role Of Adr Education In The Wake Of The Great Recession, Lela P. Love, Brian Farkas

Articles

No abstract provided.

Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple

Journal of Dispute Resolution

This paper critically evaluates judicial mediation in parenting disputes by asking whether, and to what extent, it is in the best interests of the children involved. It begins by identifying several features that distinguish child custody and visitation disputes from other types of civil litigation, and which are relevant to the normative analysis of judicial mediation in this context. Next, this paper describes and evaluates three arguments that might be made against the use of judicial settlement-seeking to resolve custody and visitation disputes. This paper will conclude by arguing that facilitative mediation by non-judges has significant advantages over judicial settlement-seeking …

State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, Stanley A. Prenger

Journal of Dispute Resolution

As the use of collaborative law increases, the need for uniform laws to help facilitate this process across state lines grew. In February 2007, the Uniform Law Commission (ULC) began drafting an act to address this need. At the July 2009 meeting, the Uniform Collaborative Law Act (UCLA) was unanimously approved by the Commission and was subsequently submitted to the American Bar Association (ABA) House of Delegates for approval. In March 2010, the house approved the amended act after the ULC made a few small changes per the house's recommendation. Since receiving ABA approval, the UCLA has been passed in …

Reichert V. State Ex Rel. Mcculloch And The Open Door For Increased Pre-Election Substantive Judicial Review, Carina Wilmot

Montana Law Review

In Reichert v. State ex rel. McCulloch,1 the Montana Supreme Court addressed the constitutionality of a legislative referendum proposing changes to the qualification and selection of Montana Supreme Court justices. In reviewing the referendum, the Court focused on the threshold issues of ripeness and recusal before addressing its constitutionality.2 Reichert highlights the complexity of ripeness as a threshold question and clarifies when and how the Court conducts pre-election judicial review.

This note focuses only on the procedural holding of ripeness, from which Justice Baker dissented. This note does not analyze judicial recusal or the constitutionality or severability of the referendum …

The Uneasy Case For Deferring Banker Pay, Eric D. Chason

Faculty Publications

No abstract provided.

Protecting Speech, Protecting Privacy: The Future Costs Of U.K. Libel Claims, Adelaide Scardino Lopez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 5) (Summer 2013), Roger Williams University School Of Law

RWU Law

No abstract provided.

When A Subsidiary Loses Its Status: Towards An Identification-Based Model Of Host Country Nationals' Willingness To Share Knowledge With Expatriates, Sachiko Yamao, Toru Yoshikawa

Research Collection Lee Kong Chian School Of Business

We theorize how a foreign subsidiary’s loss of its status relative to other units of the same multinational corporation (MNC) will influence host country national (HCN) managers’ dual organizational identification and their willingness to share knowledge with expatriate managers. In particular, we examine the two contingent scenarios of subsidiary status loss (i.e., the parent-driven and subsidiary-engaged) that may lead HCN managers to develop different organizational identification (i.e., MNC-oriented and subsidiary-oriented). We then propose that different organizational identification of HCN managers will lead them to develop varying levels of willingness to share knowledge with expatriates. We further propose that HCN managers’ …

Corporate Elite Networks And Their Effects On Board Performance, Daniel Braun, Jana Oehmichen, Michael Wolff, Toru Yoshikawa

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, M Todd Henderson, Fred Tung

Faculty Scholarship

In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators, specifically, bank examiners, to choose the banks they regulate. We call this “reverse regulatory arbitrage,” and we think it can help improve regulatory outcomes. Building on our prior work that proposes to pay bank examiners for performance — by giving them financial incentives to avoid bank failures — we argue that bank supervisory assignments should be set through …

Deafdigest: Blue Edition, June 30, 2013, Barry Strassler

DeafDigest Blue 2013

No abstract provided.

A Comparative Analysis Of Funding For Judicial Services In Maine: Levels And Trends, 1996 - 2010, Barry C. Lucier

Muskie School Capstones and Dissertations

This project is a thorough study of funding for Maine's judicial & legal services. The final report consists of a full review and analysis of literature relevant to the financial administration of Maine's court system as well as findings of a comparative financial analysis for judicial spending in Maine between 1996 & 2010.

Ethics, Groupon’S Deal-Of-The-Day, And The ‘Mclawyer’, Krista Umanos

University of Cincinnati Law Review

No abstract provided.

Skating Too Close To The Edge: A Cautionary Tale For Tax Practitioners About The Hazards Of Waiver, Claudine Pease-Wingenter

University of Cincinnati Law Review

No abstract provided.

Deafdigest: Blue Edition, June 23, 2013, Barry Strassler

DeafDigest Blue 2013

No abstract provided.