Digital Commons Network^™

Building On Best Practices: Looking Back, Looking Forward, Carolyn Wilkes Kaas, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

Disqualification For Bias And International Tribunals: Room For A Common Test , Margaret Allars

Missouri Law Review

This Article explores the scope for the development of a bias test applying to international tribunals. In the absence of a developed test in any such tribunal, an obvious source of jurisprudence is the case-law on Article 6(1) of the European Convention, which the European Court of Human Rights applies to domestic tribunals of member states. The requirement of impartiality in Article 6(1) has remained an abstract concept, slowly evolving on the foundation of common law maxims accepted as its rationale. While United Kingdom courts claim that their recent renovation of the common law test of apparent bias is the …

2013 Annual Report, University Of Maine School Of Law

Clinic Annual Report

No abstract provided.

Correlates Of Help-Seeking Following Stalking Victimization: A Study Of College Women, Saige E. Jutras, Katie Edwards, Kateryna Sylaska

Honors Theses and Capstones

The current study explored factors related to college women’s coping processes associated with stalking using an online survey methodology. Results (N= 305 college women reporting stalking victimization within the last three years) showed that 85% of women disclosed their stalking experiences most commonly to female friends. Additionally, women used a variety of coping mechanisms in response to their stalking victimization; although avoiding thinking about or acting on the stalking experience were the most common strategies, victims rated direct forms of coping as more effective in deterring the stalking behavior. Women’s coping responses to stalking were related to a …

Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach

Dalhousie Law Journal

Adopting a pragmatic and empirically sensitive approach to the use of forensic science and medicine, this essay defends Edmond and Roach's "AContextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence." The authors reiterate their concerns about idealized approaches to science and expertise and question the utility of philosophically-driven and essentialist models of science for legal practice. In detail the essay explains why privileging process over outcomes in the criminal process (andeven perpetuating the dichotomy) is misguided. The authors affirm the importance of factual accuracy and the socio-institutional illegitimacy generated by wrongful convictions. Drawing upon recent inquiries …

Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg

Dalhousie Law Journal

For litigants raising a matter of public interest, the possibility of facing an adverse costs award if unsuccessful may act as a deterrent to pursuing their legal claim. The author evaluates a form of costs order called "costs immunity," referred to as "protective costs orders" (PCOs) in the U.K., as a means of removing the deterrent effect of costs on public interest litigants. Part Iprovides an overview of costs law in Canada. Part // reviews the various types of costs orders employed by Canadian courts to facilitate access to justice in public interest litigation. Part Ill explores the English experience …

Social Equity In Public Administration: The Work Of The Federation Of Southern Cooperatives/Land Assistance Fund, Ramatoulaye Siby

Dissertations, Theses and Capstone Projects (Full IR Collection)

The Federation of Southern Cooperatives (FSC) is an organization that grew out of the Civil Rights Movement. It was founded in 1967 when 22 cooperatives held their first meeting at Atlanta University. In 1985, the Federation of Southern Cooperatives merged with the Emergency Land Assistance Fund and became the Federation of Southern Cooperatives/Land Assistance Fund (FSC/LAF) to address African American land loss. John Zippert, one of the founding members, put together the organization structure of the FSC in 1967 and the FSC/LAF has used the same to this day (Federation of Southern Cooperatives 2013).

The FSC/LAF provides training and resources …

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

Of Counsel, Volume 15 | Spring 2013, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod

University of Michigan Journal of Law Reform

In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …

Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson

The University of New Hampshire Law Review

[Excerpt] “There may have been a day in which most American legal matters involved one client and one lawyer, but that day has surely passed. People today travel widely, businesses sell their goods and services across the country, and activity of all sorts—both legal and illegal—can be carried out in cyberspace. In such a society the laws of multiple jurisdictions can be relevant to the broad range of client circumstances. At the same time, legal issues have become increasingly complex, forcing lawyers to make referrals to outside specialists. In addition, some transactions or litigation matters may simply be too large …

Sb55-12/13: Amending Fiscal Policy, Sean Schilke

Senate Resolutions, 2007-Present

SB55-12/13: Amending Fiscal Policy. This resolution passed with unanimous consent during the February 13, 2013 meeting of the Associated Students of the University of Montana (ASUM).

Sb68-12/13: Amending Bylaws, Mariah Williams

Senate Resolutions, 2007-Present

SB68-12/13: Amending Bylaws. This resolution passed with unanimous consent during the March 27, 2013 meeting of the Associated Students of the University of Montana (ASUM).

Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the adoption of mandatory civility rules in all state bars, emphasizing that voluntary codes and oaths are insufficient to address incivility among attorneys. It argues that mandatory civility is essential for the efficient administration of justice, public confidence in the legal system, and the integrity of the legal profession. The author proposes specific rules promoting courteous communication, honesty, and respect, aligning with existing professional conduct standards. The article concludes that mandatory civility, supported by education and consistent enforcement, is crucial for maintaining professionalism and fairness in the legal system.

Mitigating The Effects Of An Economic Downturn On Charitable Contributions: Facing The Problem And Contemplating Solutions, Grace S. Lee

Articles

Charitable giving has been a foundation of American society almost since the nation began, but the issue of how such giving should be treated for tax purposes has been the subject of frequent debate. Scholars have proposed various theories explaining why the positive effects of this deduction on both donors and donees outweigh the negative impact on government coffers of this tax expenditure, although many still criticize certain features of the deduction in its current form. However, one area of this research that has previously been neglected is how the charitable sector is affected by changes to the economy at …

From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush

West Virginia Law Review

No abstract provided.

Reverse Advisory Opinions, Neal Devins, Saikrishna B. Prakash

Faculty Publications

No abstract provided.

Some Important Causes For Settlement In American Civil Litigation, Felipe Forte Cobo

LLM Theses and Essays

This paper focuses on pure economic disputes such as contract, real property and tort conflicts, in which the economic efficiency model is very accepted. In this limited scenario, the consensual resolution of disputes is always more efficient than decisions made by a third-party decision-maker, whether from a post-trial or pre-trial perspective.

Considering that lower transaction costs drive parties towards settlement, part II of this essay provides an overview of the American costs of legal disputes, framing several issues that might be determinative to settlements. Part III explores how two specific American procedural institutes – discovery and civil jury trial – …

The Advocate (Spring 2013), Lewis & Clark Law School

The Advocate

No abstract provided.

Volume 37, No. 6

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Max Rothschild

Layout Editor: Kate Rothschild

Editors: Suzanne Kittle, Phil Moreria, Alex Gorlewski

What Ails The Law Schools?, Paul Horwitz

Michigan Law Review

In January 2012, law professors from across the country arrived in Washington, D.C., for the annual conference of the Association of American Law Schools ("AALS"). It was an opportune moment. The legal economy was struggling. Graduates were begging for jobs and struggling with unprecedented levels of debt. The smart talk from the experts was that the legal economy was undergoing a fundamental restructuring. For these and other reasons, law schools were under fire, from both inside and outside of the academy. Judges - including the keynote speaker at the AALS conference himself! - derided legal scholarship as useless. Law school …

“Rights Without Remedies”: Enforcing Employment Standards In Ontario By Maximizing Voice Among Workers In Precarious Jobs, Leah F. Vosko

Osgoode Hall Law Journal

Workers in Ontario, Canada are on the edge of a crisis in the enforcement of their minimum employment standards (ES). This crisis is shaped not only by well-documented deficiencies in the scope of labour protection but by the fact that the administration of the ES system has not kept pace with the increasing number of workers and workplaces requiring protection under the province’s employment standards act. Coupled with an outmoded complaint-based system, the dearth of support for ES enforcement is cultivating a situation in which an unprecedented number of workers are bearers of rights without genuine opportunities for redress. Responding …

Book Review: Middle Income Access To Justice, By Michael Trebilcock, Anthony Duggan, And Lorne Sossin (Eds), Erik S. Knutsen

Osgoode Hall Law Journal

No abstract provided.

The Role Of Culture In Advocating For Accurate Diagnosis And Rating Of Veterans' Psychological Disabilities, Hillary A. Wandler

Faculty Law Review Articles

This article builds on our understanding by focusing on the specific context of veterans who have psychological disability claims in the VA disability system. This is a context in which culturally aware communication can be of critical importance to the outcome of a veteran’s claim and future livelihood. This article does not presume to advise mental health professionals on cross-cultural counseling practices. Much has already been written on that subject, including in the legal context.18 It also does not attempt to answer the empirical question of how culturally un-informed assessment impacts diagnosis, for instance whether it results in over-diagnosis, under-diagnosis, …

Illinois State University Annuitants Association Newsletter, Spring 2013, Illinois State University, Annuitants Association

ISUAA News

Illinois State University Annuitants Association newsletter

Next Generation Of Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig

Faculty Scholarship

This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati’s Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities in ways …

Checklists And Illustrative Financial Statements For Employee Health And Welfare Benefit Plans, March 31, 2013, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

March 30, 2013 (Pages 1689-1826), Pennsylvania Legislative Reference Bureau

Volume 43 (2013)

No abstract provided.

Maximize Your Decision-Making: A Review Of Emerging Technology Trends, Carol Watson

Continuing Legal Education Presentations

Provides overview of new technologies (both software and hardware) that could become the "next big thing."

But Can You Dance To It?: A Greatest Hits Mixtape Of Legal Websites, Wendy Moore

Continuing Legal Education Presentations

Provides a vetted listed of highly-useful websites for conducting legal research at the local, state, national, and international levels.