Digital Commons Network^™

Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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

Southern Illinois University Law Journal

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 …

In Search Of Core Values, W. Bradley Wendel

Cornell Law Faculty Publications

A consensus appears to have emerged among American lawyers that globalization and information technology are transforming the practice of law in fundamental ways. In particular, non-lawyers are increasingly involved in what has traditionally been defined as the practice of law. Scholars such as Richard Susskind, in the United Kingdom, and Thomas Morgan, in the United States, have hypothesized that lawyers may be going the way of wheelwrights, cordwainers or mercers (traders in fine cloths and silks), and that one day in the not-so-distant future we will consider the profession of lawyer as something to be studied historically, wonder why lawyers …

Inflationary Trends In Law And Development, Benjamin Van Rooji, Pip Nicholson

Duke Journal of Comparative & International Law

This Article analyzes two seemingly contradictory trends in the study and practice of law and development. First, it looks at the ever-rising level of expectations and ambitions about what law can do for development. Second, it looks at the increasingly vocal criticism and frustration, both from inside and outside the field, that law often fails to achieve the desired developmental effects. This Article argues that there is a relationship between increasing ambition and lack of impact. More particularly, it suggests that increasing ambition produces limited impacts but that lack of impact, ironically, leads to recommendations to increase ambition. This Article …

Union Made: Labor’S Litigation For Social Change, Charlotte Garden

Faculty Articles

Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional …

An Analysis Of The Perceptions Of The Legal Profession Through The Eyes Of Dissatisfied Consumers Of Legal Services In Manhattan, Ny: An Interpretative Phenomenological Analysis, Caprice A. Alves

Education Doctoral

In the past, research on consumer dissatisfaction with legal services tended to be quantitative in nature, and focused primarily on consumer opinion of the legal profession. These quantitative studies have been valuable in gaining a basic understanding of consumer consensus of legal services and the legal profession. However, a qualitative understanding of the complexity of the personal dissatisfaction experience with legal services, as well as the psychological and social meanings and consequences of these experiences, is an important contribution to the literature. This dissertation provides a qualitative view of the experience of consumer dissatisfaction with legal services in Manhattan, NY. …

A Hybrid Methodology For Seeking Attorney's Fees In The Eastern District Of Virginia's Rocket Docket, Timothy D. Patterson

Law Student Publications

As the costs of litigation continue to increase, in large part due to overly broad discovery, the skirmishes in motions to compel are taking on new importance as part of the strategy. Attorneys in large law firms are even developing a subpractice area known as “discovery counsel,” particularly with the explosion of e-discovery over electronically stored information. It is for another article to discuss whether discovery should become so large or complex that practitioners can specialize in it. Thus, it will not come as a surprise to anyone that parallel to this issue is the much sought after, but often …

Giving Up The Ghost: Alaska Bar Ethics Opinion 93-1 And Undisclosed Attorney Assistance Revisited, Howard Burgoyne Rhodes

Alaska Law Review

Twenty years ago, the Alaska Bar Association adopted Ethics Opinion No. 93-1 which permitted attorneys to "ghostwrite" pleadings and provide other undisclosed services to pro se litigants. The goal of this ethical guidance was to enable attorneys to assist low-income individuals who could not otherwise afford representation. Ethics Opinion No. 93-1 construed "ghostwriting" broadly as an attorney's undisclosed assistance to a pro se client whether by providing legal advice or drafting pleadings or other documents. This Note argues that, despite the moral allure of its theoretical justifications, ghostwriting is unnecessary, provides little demonstrable benefit to pro se litigants, and potentially …

Duties Of The Judicial System To The Pro Se Litigant, Mark Andrews

Alaska Law Review

Alaska courts have assisted unrepresented litigants in civil cases, explaining procedural technicalities to pro se litigants and applying more lenient standards to pro se pleadings. Although the origin of this policy is unclear, the Alaska Supreme Court in Breck v. Ulmer held that the trial court should advise pro se litigants of procedural requirements and hold pro se litigants to less stringent standards than attorneys. However, two recent cases, Greenway v. Heathcott and Wagner v. Wagner, have complicated Alaska's policy by adopting different approaches regarding when a court should advise a pro se litigant of procedural requirements. This Article …

Refugee Reflections: A Focus On The Lived Experiences Of African Refugees Resettling In Michigan, Diane Roushangar

Masters Theses

Refugee resettlement is often observed by focusing on external indicators of integration such as employment and English proficiency. What is often ignored is the multi-faceted process refugees experience in regard to the emotions that occur during these transitions of resettlement. Emotional stressors include financial concerns, work-related issues, a lack of adequate counseling services and ESL support that can all lead to increased anxiety. This paper examines the process of resettlement that northeast African and sub-Saharan African refugees have experienced including issues of unsafe working conditions, changing gender roles, and a lack of adequate time for adjusting to the culture.

Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George W. Kuney, Joseph Watson

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Conscientious Objection To Provision Of Legal Abortion Care, Brooke R. Johnson Jr, Eszter Kismödi, Monica V. Dragoman, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Despite advances in scientific evidence, technologies, and human rights rationale for providing safe abortion, a broad range of cultural, regulatory, and health system barriers that deter access to abortion continues to exist in many countries. When conscientious objection to provision of abortion becomes one of these barriers, it can create risks to women’s health and the enjoyment of their human rights. To eliminate this barrier, states should implement regulations for healthcare providers on how to invoke conscientious objection without jeopardizing women’s access to safe, legal abortion services, especially with regard to timely referral for care and in emergency cases when …

Fukushima: Catastrophe, Compensation, And Justice In Japan, Eric A. Feldman

DePaul Law Review

No abstract provided.

Lawyers As "The Great Social Evil", Gowri Ramachandran

DePaul Law Review

No abstract provided.

What Is Public Interest Law? Empirical Perspectives On An Old Question, Ann Southworth

DePaul Law Review

No abstract provided.

How Marc Galanter Became Marc Galanter, Richard Abel

DePaul Law Review

No abstract provided.

(Wp 2013-09) Virtual Currency And The Financial System: The Case Of Bitcoin, Abdur Chowdhury, Barry K. Mendelson

Economics Working Papers

Technological development and the increased use of the internet have led to the proliferation of virtual communities. Some of these communities have created and circulated their own currency for exchanging goods and services. Bitcoin is currently the most popular among these virtual or digital currencies and has been in news recently because of the wild fluctuations in its ‘value’ and also significant venture capital investment in entities associated with it.1 Bitcoin is relevant in several areas of the financial system and is therefore of interest to central banks, consumers and investors. Digital currencies are part of a broader group of …

Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla Jackson

Other Faculty Publications

No abstract provided.

African-American Land Loss And Sustainable Forestry In The Southeast: An Analysis Of The Issues, Opportunities, And Gaps, Colmore S. Christian, Rory Fraser, Amadou Diop

Journal of Extension

African-Americans' connection to the land is rapidly disappearing, and with it goes the cultural, political, and socio-economic capital that has helped this population, especially in southern states. There has been a severe decline in black landownership since 1910, resulting in rural counties with predominantly black populations becoming pockets of enduring poverty. Judicious investments in efforts to solve black land loss may lead to solutions to a larger problem: engagement of non-industrial private forestland owners in sustainable land management. Strengthening black forest-based communities as places to invest and live can build on this rich Southern heritage.

Historic Chickasaw Nation Gift Enhances World-Class Native American Law Program, Jonella Frank

Sooner Lawyer Archive

No abstract provided.

Sooner Lawyer, Fall 2013/Winter 2014

Sooner Lawyer Archive

No abstract provided.

Alumni Inducted Into Order Of The Owl, Jessica R. Jones

Sooner Lawyer Archive

No abstract provided.

Vol.41 N.18 November 28th 2013, Brown Publishing Company

Black Voice News

No abstract provided.

Taylor V. Riley Appellant's Reply Brief Dckt. 40599

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Boyd Briefs - Nov. 21, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

The Alestle - Vol. 66 No. 14 - 11/21/2013, Southern Illinois University Edwardsville

The Alestle

Vol. 66 No. 14

Volume 86, Issue 6 (2013)

Obiter Dicta

No abstract provided.

Vol. 45, No. 11 (November 18, 2013)

Indiana Law Annotated

No abstract provided.

Crow's Nest, November 18, 2013, Crow's Nest Staff

Crow's Nest

The November 18, 2013, issue of the Crow's Nest.

Vol.41 N.16 November 14th 2013, Brown Publishing Company

Black Voice News

No abstract provided.