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2013

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Toward A New History In European Law: New Wine In Old Bottles?, Michelle Egan Jan 2013

Toward A New History In European Law: New Wine In Old Bottles?, Michelle Egan

American University International Law Review

No abstract provided.


Rethinking The Legal Foundations Of The European Constitutional Order: The Lessons Of The New Historical Research, Francesca Bignami Jan 2013

Rethinking The Legal Foundations Of The European Constitutional Order: The Lessons Of The New Historical Research, Francesca Bignami

American University International Law Review

No abstract provided.


Consumer Litigation Financing In Illinois: Seeking Security And Legitimization Through Regulation, Michael J. Howlett Jan 2013

Consumer Litigation Financing In Illinois: Seeking Security And Legitimization Through Regulation, Michael J. Howlett

Loyola Consumer Law Review

No abstract provided.


Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya Jan 2013

Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya

Criminal Law Practitioner

No abstract provided.


The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr Jan 2013

The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr

Labor & Employment Law Forum

No abstract provided.


Using The Language Of Turner V. Rogers To Advocate For A Right To Counsel In Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (2013), Shane T. Devins Jan 2013

Using The Language Of Turner V. Rogers To Advocate For A Right To Counsel In Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (2013), Shane T. Devins

UIC Law Review

No abstract provided.


When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer Jan 2013

When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer

UIC Law Review

No abstract provided.


What's Going On: The Psychoanalysis Metaphor For Educating Lawyer-Counselors Essay, Jeffrey M. Lipshaw Jan 2013

What's Going On: The Psychoanalysis Metaphor For Educating Lawyer-Counselors Essay, Jeffrey M. Lipshaw

Connecticut Law Review

In this Essay prepared for the Connecticut Law Review’s 2012 Symposium on legal education reform, I propose an alternative to the dominant metaphor of “lawyer as warrior” for educating the many lawyers whom clients will seek out as counselors even at early stages in their careers. My preferred metaphor is “lawyer as psychoanalyst” because it invokes the need for lawyer-counselors to understand clients’ idioms and meanings, or more generally “what’s going on” beyond the mere analysis and application of the rules of positive law. Like lawyers, psychoanalysts learn a technical discipline (whether or not either discipline constitutes a science) but …


Kim Kardashian And Honey Boo Boo: Models For Law School Success (Or Not), George Critchlow Jan 2013

Kim Kardashian And Honey Boo Boo: Models For Law School Success (Or Not), George Critchlow

Connecticut Law Review

This Article offers two narratives about how we might identify and pursue our law school missions. The first is a partly satirical and partly serious discussion about the obsessive need for law schools to chase rankings and fame. It suggests that the stated mission of many law schools is trumped by the real mission—to become famous (highly ranked)—and that this disconnect prevents such law schools from creating important and innovative mission-based education programs that serve students and the larger public interest. The second narrative addresses the question of whether there is room for a law school that chooses a different …


Perpetually Turning Our Backs To The Most Vulnerable: A Call For The Appointment Of Counsel For Unaccompanied Minors In Deportation Proceedings Note, Samatha Casey Wong Jan 2013

Perpetually Turning Our Backs To The Most Vulnerable: A Call For The Appointment Of Counsel For Unaccompanied Minors In Deportation Proceedings Note, Samatha Casey Wong

Connecticut Law Review

The rate of young illegal migrants crossing the United States’ borders has reached unprecedented levels. Many children are fleeing their home countries in order to escape gang violence or to reunite with their family in the United States. Others are being smuggled into the country without any comprehension of the migration. In 2012, the United States Border Patrol apprehended a staggering 31,029 minors. An astonishing seventy-nine percent of them were seized without parental or legal guardians, thereby becoming known as “unaccompanied minors” within the immigration system. In immigration court, all illegal immigrants are denied the right to appointed legal counsel …


Democratizing Legal Education, Renee Newman Knake Jan 2013

Democratizing Legal Education, Renee Newman Knake

Connecticut Law Review

Millions of Americans lack representation for their legal problems while thousands of lawyers are unemployed. Why? Commentators and academics offer a range of answers to this question, from economic factors to regulatory constraints. Whatever the root cause, clearly a massive delivery problem exists for personal legal services. Indeed, most individuals do not even realize when a lawyer might be necessary or helpful. This Article, written at the invitation of the Connecticut Law Review for their Volume 45 Symposium entitled “Are Law Schools Passing the Bar? Examining the Demands and Limitations of the Legal Education Market,” suggests that democratizing legal education—i.e., …


Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon Jan 2013

Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon

Connecticut Law Review

By harnessing improvements in communications and computational systems, law firms are producing a revolution to the practice of law. Selfhelp legal manuals have transformed into interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; and virtual law firms threaten to disintermediate the grand edifices of twentieth century Big Law. These changes have profoundly restructured the legal practice for many solo and small firm practices. Successful small firms are adapting the technology to become much more efficient and much less …


Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos Jan 2013

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Connecticut Law Review

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires—a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals. …


Keywords Jan 2013

Keywords

Richmond Journal of Law and the Public Interest

Keywords for the bills


The Landscape Of The Legal Professions In Europe And The Usa: Continuity And Change, Xiaomeng Zhang Jan 2013

The Landscape Of The Legal Professions In Europe And The Usa: Continuity And Change, Xiaomeng Zhang

Law Librarian Scholarship

Overall, all articles in the book are thoroughly researched, documented, and presented with in-depth scholarly analyses. Although it is entitled The Landscape of the Legal Professions in the Europe and the USA, the European focus is apparent and dominant. On the other hand, comparative methodology is employed in most of the articles, either through a comparison of Europe nations and the United States, or through comparisons and contrasts among European countries. It will be of invaluable assistance to scholars interested in legal professions and legal system specifically and foreign and comparative law in general. It will be a great addition …


The Future Of Lgbt Civil Rights And Equality In Maryland, Aaron S. Merki, Shannon Avery, Anne Blackfield Jan 2013

The Future Of Lgbt Civil Rights And Equality In Maryland, Aaron S. Merki, Shannon Avery, Anne Blackfield

University of Baltimore Law Forum

No abstract provided.


Law School Firms And Incubators And The Role Of The Academic Law Library, Sonal Desai Jan 2013

Law School Firms And Incubators And The Role Of The Academic Law Library, Sonal Desai

Borgeson Paper Archive

This paper examines the recently developed post-graduate, law school supported programs intended to provide recent graduates with a continued experiential learning environment in order to bridge the gap between law school and law practice. Both law school firms and practice incubators are discussed. Specifically, this paper looks at what, if any, role academic law libraries have within these programs. Lastly, ways in which these libraries might possibly add or improve services to the programs are explored.


The Unbundling Of Legal Services And Its Implications For Law Librarianship, Kara Noel Jan 2013

The Unbundling Of Legal Services And Its Implications For Law Librarianship, Kara Noel

Borgeson Paper Archive

This paper addresses the role of law libraries with respect to online sites that give free or low-cost legal advice. In this paper, I will argue that the gap in access to legal services for the lower and middle class needs addressing, and that the public law librarian’s role in facilitating access to justice can be improved by helping pro se patrons access the growing number of free or nominal cost online legal advice resources. The rise in online legal advice sites comes with concerns from the legal profession regarding the possible ethical duties and responsibilities of giving legal advice …


Town Of Colebrook Annual Town Report Year Ending December 31, 2012., Colebrook Town Representatives Jan 2013

Town Of Colebrook Annual Town Report Year Ending December 31, 2012., Colebrook Town Representatives

Colebrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan Jan 2013

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

Scholarly Articles

As we mark the fiftieth anniversary of Gideon, in this Article I argue that we can and should be more realistic in our efforts to enforce the right to counsel. Assuming, as many now do, that five decades of resource-starved indigent defense will likely continue in the future, where are our efforts most effectively deployed in the years to come? I address that question in three parts. Part II briefly acknowledges the entrenched crisis in indigent defense that is as old as the Gideon decision itself. Part III examines the most salient reform efforts of the last fifty years, highlighting …


Attorney Responsibility And Client Incapacity, Raymond C. O'Brien Jan 2013

Attorney Responsibility And Client Incapacity, Raymond C. O'Brien

Scholarly Articles

This Article suggests what an attorney should consider when representing a client suspected by the attorney of having diminished capacity, anticipating diminished capacity, or a client anticipating a response to the legal dilemmas posed by aging. So too, this Article suggests what an attorney should consider when retained by the family members of an allegedly incapacitate person. After providing demographics regarding aging, this Article will specifically address the attorney-client relationship in the context of the Model Rules of the American Bar Association. Next, this Article will integrate the attorney's responsibility regarding the proper execution of a Last Will and Testament, …


Panel Ii: The Role Of The Committee Against Torture In Providing Full And Adequate Reparation To Victims, Claudio Grossman, Octavio Amezcua Jan 2013

Panel Ii: The Role Of The Committee Against Torture In Providing Full And Adequate Reparation To Victims, Claudio Grossman, Octavio Amezcua

Human Rights Brief

No abstract provided.


Myths About Women’S Careers In Law, Patricia M. Wald Jan 2013

Myths About Women’S Careers In Law, Patricia M. Wald

University of Baltimore Journal of International Law

Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …


What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt Jan 2013

What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt

Indiana Journal of Global Legal Studies

Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …


Journal Of The House Of Representatives State Of Colorado: Sixty-Ninth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2013

Journal Of The House Of Representatives State Of Colorado: Sixty-Ninth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Center News And Faculty Updates, Human Rights Brief Jan 2013

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Alumni Profiles, Drew Mitnick, Anna Naimark Jan 2013

Alumni Profiles, Drew Mitnick, Anna Naimark

Human Rights Brief

No abstract provided.


Law School Marketing And Legal Ethics, Ben L. Trachtenberg Jan 2013

Law School Marketing And Legal Ethics, Ben L. Trachtenberg

Faculty Publications

Law schools have misled prospective students for years about the value of legal education. In some cases, law school officials have engaged in outright deceit, knowingly spreading false information about their schools. More commonly, they have presented statistics — especially those concerning the employment outcomes of law graduates — in ways nearly guaranteed to confuse readers. These deceptions and sharp practices violate the norms of the legal profession, a profession that scrupulously regulates the advertising of legal services. The deceptions also violate ethical rules prohibiting lawyers from engaging in dishonesty, misrepresentation, and deceit. This article exposes how pitches aimed at …


Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull Jan 2013

Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


Sensibilities For Social Justice Lawyers, Ascanio Piomelli Jan 2013

Sensibilities For Social Justice Lawyers, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

This essay describes six sensibilities that are crucial for 21st Century social justice lawyers. It urges social justice lawyers to know thoroughly the literature on lawyering and social change movements, to be clear about their fundamental aims, to connect their efforts with others, to observe from multiple perspectives, to combat cultural encapsulation, and to put in the time necessary to ensure the survival, advancement, and flourishing of clients and communities.