Digital Commons Network^™

The Life And Death Of John J. Stevens, Esq., As A Member Of The Legal Profession, Max Gutierrez Jr.

ACTEC Law Journal

No abstract provided.

Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman

Washington International Law Journal

The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …

The Landmark That Wasn't: A First Amendment Play In Five Acts, Lee Levine, Stephen Wermiel

Washington Law Review

What follows is an original case study of our First Amendment law of free expression and how it is created by the Supreme Court. Drawing heavily on heretofore unpublished internal papers from the chambers of Justice William Brennan and other Justices, this Article reveals how the 1964 landmark decision in New York Times Co. v. Sullivan was once in serious jeopardy of being overruled. In the course of this discussion, and in their examination of the evolution of the Court’s decision in Dun & Bradstreet v. Greenmoss Builders (1985), the authors describe and analyze: (1) how and to what extent …

The (Dwindling) Rights And Obligations Of Citizenship, Peter J. Spiro

William & Mary Bill of Rights Journal

No abstract provided.

Dear Lawyer: If You Decide It's Not Economical To Represent Me, You Can Fire Me As Your Contingent Fee Client, But I Agree I Will Still Owe You A Fee., David Hricik

Mercer Law Review

Contingent fees are a relatively recent development in American law. Once banned through common law doctrines, contingent fees have become a tool that allowed delivery of legal services to those who would otherwise be unable to front attorney fees in a case.

No doubt in part because of the historic prohibition against contingent fees, and also because clients in the typical personal injury case in which they were used were not sophisticated consumers of legal services, courts, legislatures, and bar associations have since the outset heavily regulated their use? Yet, the regulation has not been Draconian. Instead, courts have balanced …

Does The Us Patent System Need A Patent Small Claims Proceeding?, Colleen Chien, Michael J. Guo

Faculty Publications

Patent litigation is expensive. The primary motivation for the creation of a patent small claims proceeding is to make enforcement more affordable. However, in the twenty or so years since the American Intellectual Property Law Association (AIPLA) first endorsed the idea of a small claims patent court through Resolution 401‐4, the patent litigation landscape has drastically changed. Although patent litigation costs are still high, the equities have shifted. The marketplace for patents has developed, providing more options than previously existed to monetize and assert patents. However, the cost of patent defense has not gone down, and small companies cannot afford …

"Elder Law" And Conflicts Of Interest In The United States And Canada, James H. Pietsch, Margaret Hall

Dickinson Law Review (1908-2003)

This article considers the problem of conflicts of interest in elder law in the context of a larger discussion about elder law as a bounded legal subject. The problem of conflicts of interest is not particular to elder law. Conflicts, intentional and unintentional, have a special salience in this context, however. That salience is intensified by the expanded scope of "elder law" to include other classes of vulnerable clients, such as persons with disabilities. Despite the significance of conflicts as a real, perceived, or potential issue in this context, the issue has received relatively scant attention and discussion. This inattention …

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg

Washington and Lee Law Review

No abstract provided.

Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross

Washington and Lee Law Review

No abstract provided.

Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples

Washington and Lee Law Review

No abstract provided.

Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas

Washington and Lee Law Review

No abstract provided.

Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan

Washington and Lee Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

New Corporate Forms And Green Business, Antony Page

William & Mary Environmental Law and Policy Review

You want to start a business: not just an ordinary business, producing ordinary social benefit, but a dual-mission business that will both make a profit and benefit the environment. This green business, you expect, will sometimes face trade-offs between the missions, in the sense that sometimes owners’ wealth and profit will have to be sacrificed to pursue environmental benefits. You’re optimistic, in that you hope the business will find outside investors and will scale up easily. Moreover, you don’t want to lie or even dissemble about your motives or about the business’s actions. You want to be both authentic and …

Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith

Washington and Lee Law Review

No abstract provided.

2013 Directory Of Indiana State, County, City And Town Officials Responsible For Road And Street Work, Indiana Ltap

Indiana Local Technical Assistance Program (LTAP) Directory

Contact information for local agency officials and employees responsible for Indiana’s local road infrastructure.

Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett

Fordham Law Review

No abstract provided.

Usd Magazine Spring 2013, University Of San Diego

University of San Diego Magazine (1992- )

Plea for Support; Contents; Around the Park; Torero Athletics; Giving Back; Pure Imagination; All the Small Things; Make Me up inside; Alumni Update; Torero Notes; Changemaker

March 2013 Newsletter, Career Center, Illinois Wesleyan University

Career Connections Newsletter

Issue Highlights:

• Career Profile of Alyssa Speranza ‘13, English/Business Administration Double-Major
• On The Front Line: IWU’s PATH Crisis Hotline Interns
• Majors ≠ Careers. Why not? Find out here!
• Then & Now: Celebrity Edition

Tax Planning For Marijuana Dealers, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

In recent years, many states have legalized marijuana while the federal government continues to consider all marijuana sales and use illegal. But marijuana industry insiders consider not federal criminal law but federal tax law to be the biggest impediment to the development of a legitimate marijuana industry. State-sanctioned marijuana sellers are required to pay federal income taxes pursuant to § 280E, a formerly largely symbolic provision that Congress enacted to punish drug dealers, but which now could potentially drive legitimate marijuana sellers underground.

This paper proposes a tax strategy that enables state-sanctioned marijuana sellers to avoid the impact of § …

What Is The Best Way For Manufacturers And Physicians To Apply Sunscreen To Avoid Being Burned By The Final Sunshine Act Regulations?, Abraham Gitterman

Student Articles and Papers

This [article] explains the requirements under the Patient Protection and Affordable Health Care Act’s Physician Payment Sunshine Act that all medical product manufacturers report to Health and Human Services (HHS) any payment or transfer of value made to physicians and teaching hospitals. Author Abraham Gitterman ... warns that manufacturers may face adverse consequences of public access to payment data, including fraud and abuse investigations and private litigation actions. He recommends that manufacturers begin training employees to ensure compliance with the statute and reduce the likelihood of further investigations. He further suggests that the Center for Medicare & Medicaid Services (CMS) …

Abortion And Ensoulment, Vaidyanathan Gowri

Sultan Qaboos University Medical Journal

No abstract provided.

Justice For All, Patricia Kay Oliver

Pepperdine Law Review

Fourteen years into her career at a top U.S. law firm, no one would have imagined that Patricia K. Oliver would walk away from her private practice to return to the world of her poverty-filled childhood in Compton. But in 2011, she left her practice to serve as the President and Executive Director of Christian Legal Aid of Los Angeles (CLA-LA). This is the story of her journey, which she was honored to share at the Pepperdine Law Review's The Lawyer of the Future symposium.

A Blueprint For Change, William D. Henderson

Pepperdine Law Review

This Article discusses the financial viability of law schools in the face of massive structural changes now occurring within the legal industry. It then offers a blueprint for change - a realistic way for law schools to retool themselves in an attempt to provide our students with high quality professional employment in a rapidly changing world. Because no institution can instantaneously reinvent itself, a key element of Professor Henderson's proposal is the 12% solution: approximately 12% of faculty members take the lead on building a competency-based curriculum that is designed to accelerate the development of valuable skills and behaviors prized …

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …

The Future Of Legal Education Reform, James E. Moliterno

Pepperdine Law Review

As a historical matter, the legal profession obstinately resists change. Its ponderous, backward-looking and self-preservationist characteristics are embodied in the ABA's Ethics 20/20 Commission, which endeavors to protect, preserve, and maintain. But the profession suffers from such thinking. It must look forward; grow more attuned to outside events and trends; and become a player in how change is assimilated into established ways, and how established ways are replaced by more effective ones. Law schools require reform. The academic focus bears little relation to the reality of practice. Graduates must better able to contribute to clients of law firms and to …

How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers

Pepperdine Law Review

When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …

The Lawyer Of The Future, Deanell Reece Tacha

Pepperdine Law Review

This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.

Alumni @ Large

Colby Magazine

Alumni notes

Newsmakers

Milestones

A Gift For Languages: Frank Norvish '34

A Man of His Words: Gary Lawless '73

Island Grown: Amanda Hallowell '93

World Changers: Caitlin Colegrove '06

Obituaries

From The Hill, David Treadwell, Ruth Jacobs, Suzanne Merkelson, David Mckay Wilson, Stephen Collins, David Eaton, Laura Meader

Colby Magazine

A Life-Changing Investment: A gift for financial aid opens Colby's doors for accomplished students

H2O Innovators: Nick Friedman and Brandon Pollock won't be climbing the corporate ladder after graduation, they're already at the top

Chief Justice: For Henry Sockbeson '73, a career spent advancing American Indian rights leads to Tribal Supreme Court

Q&A: National Endowment for the Arts Chair Rocco Landesman '69 on trading Broadway for a national stage, risk in the theater business, the importance of art and artists, and tuning out Glenn Beck

For Guard, Fight Continues at Home (Review)

With Technology, Socialist Workers Still Did the Lifting …