Digital Commons Network^™

Informed Buyers Of E-Discovery: Why General Counsel Must Become Tech Savvy, John Didday

UC Law Science and Technology Journal

Corporate counsel needs to understand big data, now. Civil discovery is getting bigger and more expensive by the day, but the legal field has been slow to find a solution. Too often, the huge data sets corporate litigants exchange before trial become a burden instead of an asset. Computer scientists have developed methods to aggregate and search large stores data effectively, but the legal system is intransigent; unless a leader brings technology to the law, litigation will only get slower and more expensive. I propose in-house counsel lead the way to implementing big data solutions by becoming informed buyers of …

Transnational Legal Practice (International), Laurel S. Terry

The International Lawyer

No abstract provided.

Mexico, Benjamin C. Rosen, Patrick Del Duca, Ana Esquer, Jay Stein, Gabriel Arévalo Mascareño, Luis Armendariz, Efrain Bastida, Melina Juárez Segura, John Mcneece, Gerardo Nieto, Carlos R. Padilla De Alba, Jesús Antonio Pérez Palazuelos, Rodrigo Soto-Morales, Rafael De Aquino Villar, Alfredo Solórzano Mendoza

The International Lawyer

No abstract provided.

Non-Governmental Organizations And Non-Profit Organizations, Olufunmi Oluyede

The International Lawyer

No abstract provided.

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This essay considers whether there is a role for moral pluralism — or morality at all — in legal ethics thinking. In so doing, it has essentially two main goals. First, to contextualise the discussion, it very briefly looks at the leading conceptions of the lawyering role that have unsuccessfully grappled with the issue of morality and lawyering to-date. Second, and primarily, it looks at a new attempt to address these issues that is provided by Bradley Wendel in his recent book Lawyers and Fidelity to Law. This essay claims that while providing an elegant and admirable argument, Wendel’s book …

Sociological Jurisprudence 2.0: Updating Law's Interdisciplinarity In A Global Context, Peer Zumbansen

Comparative Research in Law & Political Economy

The gap between law’s pronouncement of rules and their impact or failure in concrete social environments has long prompted efforts to make lawyers more responsive to the “realities on the ground”. While this turn to sociological jurisprudence seemed a logical consequence of the Legal Realists’ attack on formalism and positivism, it exposed legal theory to a never-ending series of questions concerning the limits of law in becoming an empirically informed social science. Even trailblazing Legal Realists themselves questioned the extent to which empirical knowledge might erode the core of law’s claim to authority. Where are we today, after numerous transgressions …

Approximating Law And Development, Human Rights And Transitional Justice, Peer Zumbansen, Ruth Buchanan

Comparative Research in Law & Political Economy

This chapter is the introduction to the forthcoming edited collection "Law in Transition: Human Rights, Developments and Transitional Justice", edited by the authors and forthcoming with Hart Publishing (Oxford, 2013). The book will appear in the "Osgoode Reader" series and brings together many of the leading experts of the increasingly pertinent intersection of development, rights and transitional justice studies. The Introduction traces the theoretical and practical challenges of this discursive interaction and argues that it is only through such dialogue that a better understanding of the institutional and normative issues arising in contemporary law & development and TJ contexts will …

Experience The Future Of Legal Education, Lorne Sossin

Comparative Research in Law & Political Economy

Legal education is becoming more experiential, and this is a good thing. This essay examines both claims, and provides an account both of the origins of the experiential turn in legal education, and its implications. This account is written from a Canadian perspective, and more parochially, from an Osgoode Hall Law School perspective. That said, I believe this analysis is relevant to legal education more broadly, and contributes to the ongoing and vital debate over the future of Law School.

The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs

Comparative Research in Law & Political Economy

I’m going to present three quite different views of what law schools ought to be and ought to do. The first holds that their primary, if not their sole, function should be to produce "practice-ready lawyers" for today’s profession. The second is that they should produce "tomorrow’s lawyers", lawyers with the capacity to adapt to the rapidly and radically changing circumstances of legal practice. And the third is that law schools should play a leading role in the creation and transformation of legal knowledge, legal practice, and the legal system — a role that requires them to provide their students …

Learning Professionalism In Practice, Shelley M. Kierstead, Erika Abner

Comparative Research in Law & Political Economy

This paper describes exploratory research into learning professionalism, ethics and civility in the legal workplace. We begin by setting out the issue as described by scholars, regulators, insurers, courts, and practicing lawyers, then examine the literature on developing a professional identity through learning at work. We employed a focus group method to gather data on the issues that practicing lawyers experience during their working day, as well as how they learn to define, identify, and manage these professionalism and ethical issues.

Legal Malpractice In A Changing Profession: The Role Of Contract Principles, Vincent R. Johnson

Cleveland State Law Review

In little more than four decades, the field of American legal ethics has been transformed from an unimportant backwater into a mighty river of legal principles that drives the practice of law in countless respects. Today, this complex matrix of substantive provisions and enforcement mechanisms ensures, to a great extent, that clients are protected from unnecessary harm, that lawyers are safeguarded from improper accusations, and that the provision of legal services is consistent with the public interest. However, the fabric of legal ethics is threatened by a looming transformation of the legal profession. That potential restructuring may revolutionize the delivery …

Personal Memoir: Judge William E. Doyle And Governor Ralph L. Carr; Peers For Equal Justice, Gregory J. Hobbs Jr.

Denver Law Review

No abstract provided.

Advocating For Equality, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Fostering The Human Rights Of Youth In Foster Care: Defining Reasonable Efforts To Improve Consequences Of Aging Out, Ramesh Kasarabada

Articles & Chapters

No abstract provided.

Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact, Joshua Wurtzel

Cardozo Law Review de•novo

This Note argues that Bose does not support the symmetrical application of independent review of facts by appellate courts in First Amendment cases, regardless of whether the First Amendment claimant won or lost below. While symmetrical procedures and results may be desirable in most parts of the law, symmetry is not required where that symmetry will inhibit a greater constitutional interest. In the independent review context, symmetrical application of Bose results in the reversal of First Amendment wins that would otherwise be upheld under clear error review. This result is clearly antithetical to Bose’s purpose of enhancing First Amendment protections.

Teaching Teamwork To Law Students, Linda Morton, Janet Weinstein, Howard Taras, Vivian Reznik

Faculty Scholarship

Despite law firms’ demand for first year associates who can work collaboratively, teamwork is infrequently taught in legal education. Law professors unfamiliar with teamwork theory and practice are unlikely to use teams to engage students in their learning. As a result, law schools continue to graduate students who are unfamiliar and uncomfortable with the concept of working in teams, particularly interdisciplinary teams.

This article focuses on the teamwork teaching methods we use in the interdisciplinary courses we teach at California Western. We first provide a rationale for teaching teamwork and a brief description of what professional graduate schools are currently …

Corporate Gatekeeper In Ethical Perspective, The , Christopher T. Hines

Missouri Law Review

The fallout from the financial crisis continues to inform the development of corporate and securities law, and the new regulatory landscape for economic activity within the United States is beginning to take form. This evolutionary process, however, has been anything but stable or certain. As might be expected, in concert with such momentous change in law and policy, recriminations for and associated investigations of past activity continue to affect competent regulators as well as market participants. Nevertheless, while many of the underlying causes of the financial crisis are now better understood by both policy makers and scholars, the question remains …

Cornerstones, Curb Cuts, And Legal Education Reform , Judith Welch Wegner

Journal of Dispute Resolution

This essay seeks to contribute to this dialogue by offering both theoretical and practical observations about legal education reform. This approach reflects the judgment that current efforts to improve legal education will only get so far unless underlying impediments to change that are often invisible become better understood. The essay provides legal educators with theoretical insights from the design, organizational behavior, education, and psychology literature in order to help that process along. Theoretical insights can be hard to apply in the abstract, however. The essay therefore also offers practical recommendations about both small and large actions that might be taken …

Uncommon Courage—Roderick Jackson As Sine Qua Non For The Right To Sue For Retaliation Under Title Ix, Curt L. Hamakawa

Western New England Law Review

In 1999, Roderick Jackson was hired by the Birmingham City Schools to teach drivers’ education and coach the girls’ basketball team at Ensley High School. Soon after arriving and preparing for his first season, Coach Jackson began to notice things that did not sit right with him; things that had nothing to do with the team but rather, with how the team was treated. The girls’ team did not receive the same funding, and they did not have the same access to facilities and equipment as the boys.

Upset by the discriminatory treatment of his team, Jackson expressed his concerns …

Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2012., Stark Town Representatives

Stark, NH Annual Reports

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

Law For All? The First Thing We Do, Let’S Educate The Non-Lawyers, Elizabeth Chambliss

Faculty Publications

No abstract provided.

Applicability Of Combatant Status To Pirates, The Pilpg

War Crimes Memoranda

No abstract provided.

The New Eu Legal History: What's New, What's Missing?, Mark A. Pollack

American University International Law Review

No abstract provided.

Access To Charter Justice, Robert J. Sharpe

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote

UC Law SF International Law Review

No abstract provided.

Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma

Law Librarian Scholarship

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.