Digital Commons Network^™

2013 Distinguished Alumni Award Ceremony, University Of Michigan Law School

Event Materials

Program of ceremony honoring Valerie B. Jarrett, John M. Nannes, and Theodore J. St. Antoine.

Preserving Wealth And Inheritance Through Medicaid Planning For Long-Term Care, John A. Miller

Articles

No abstract provided.

Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello

Articles

No abstract provided.

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

Articles

Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.

Professional Identity As Advocacy, Robert Rubinson

MC Law Review

No abstract provided.

We Are Who We Admit: The Need To Harmonize Law School Admission And Professionalism Process With Bar Admission Standards, Timothy P. Chinaris

MC Law Review

No abstract provided.

Costs Of No Codes, James R. Maxeiner

MC Law Review

No abstract provided.

Knowing The Communities We Serve, Liana Fiol Matta

Court Review: Journal of the American Judges Association

When courts and poor communities interact, they sometimes seem to move on different planes and speak different languages. The reality is that most judges are alienated from poor communities. We don’t understand their problems, their needs, and their aspirations, because we don’t generally have a background in poverty, whether personal or professional. But we are, after all, public servants and, as such, we must transcend this alienation and truly get to know the communities we serve.

This, however, is not an easy task, because these communities are not all the same nor do they have the same problems, characteristics, and …

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan, Xin Shuai, Yuan Ye, You Ran, Li Haomei

Nebraska Law Review

This Article presents a case study of adapting the Socratic method to teach critical-thinking skills underemphasized in Chinese universities and group competency skills underemphasized at U.S. institutions. As we propose it here, Multilevel Socratic teaching integrates various levels of individual, small group, and full-class critical inquiry, offering distinct pedagogical benefits in Eastern and Western cultural contexts where they separately fall short. After exploring foundational cultural differences underlying the two educational approaches, this Article reviews the goals, methods, successes, and challenges we encountered in the development of an adapted “Multilevel Socratic” method, concluding with recommendations for further application in both contexts. …

Journal Of The Senate 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.

Index To The Senate Journal State Of Colorado: Sixty-Ninth General Assembly First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Beyond Skills Training, Revisited: The Clinical Education Spiral, Carolyn Grose

Faculty Scholarship

No abstract provided.

Saving Small-Employer Health Insurance, Amy B. Monahan, Daniel Schwarcz

Articles

No abstract provided.

Uk Law Notes, 2013, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Rethinking The Law Firm Organizational Form And Capitalization Structure, Edward S. Adams

Articles

The goal of this Article is to examine the partnership model and advocate for a change in the Model Rules that would allow for public ownership of law firms, and to make disclosure of firm financials a mandatory requirement for all firms with over 100 lawyers. Part II explores the history and evolution of limited liability and law firm structures in the United States. Part III discusses incorporated law firms and MDPs and how they might benefit U.S. law firms. Part IV looks at the developments in the United Kingdom and Australia and the forces of globalization that have an …

Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert Atkinson

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg

UIC Law Review

No abstract provided.

Behavioral Economics Applied: Loss Causation, Robert A. Prentice

Loyola University Chicago Law Journal

Current securities fraud doctrine applying section 10(b) and Rule 10b-5 set a high bar for civil damages plaintiffs who must plead and prove both loss causation and transaction causation in order to prevail. Such a strict standard is not demanded by the law, given that the purpose of the Securities Act of 1933 and Securities Exchange Act of 1934 was to provide more protection for investors than had the common law of fraud. Nonetheless, the courts, especially the Supreme Court in Dura Pharmaceuticals v. Broudo, have chosen to impose this additional requirement.

This Article examines the behavioral psychology literature, …

“In The Public Interest”: Understanding The Special Role Of The Government Lawyer, Patrick J. Monahan

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

The concept of the “public interest” is the foundational principle that guides and structures the special role of government lawyers. This public interest role is derived from a number of constitutional and statutory sources but, in Ontario, it finds its foundation in section 5 of the Ministry of the Attorney General Act, which provides that the Attorney “shall see that the administration of public affairs is in accordance with the law”. This responsibility to uphold and advance the rule of law falls not just to the Attorney but to all government lawyers who act on his or her behalf. What …

Private Enforcement, Steven B. Burbank, Sean Farhang, Herbert M. Kritzer

Articles

Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …

Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge

Canada-United States Law Journal

No abstract provided.

Courts And Communities: How Access To Justice Promotes A Healthy Community, Pamela Cardullo Ortiz

Maryland Law Review

No abstract provided.

The Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, Mae C, Quinn

Journal Articles

For years Missouri has been touted as a model for juvenile justice. Stakeholders and commentators continually declare that the Show-Me State – with its “Missouri Model” – employs the most modern and innovative ap-proaches when it comes to treatment of court-involved youth. This account is reflected in press coverage, television news shows, and agency white papers. But this is only part of the picture; there is much more happening in Missouri when it comes to juveniles. However, this “other” part of the story seldom has been openly discussed – until now.1. This Article seeks to contrast the rosy picture painted …

Giving Kids Their Due: Theorizing A Modern Fourteenth Amendment Framework For Juvenile Defense Representation, Mae C. Quinn

Journal Articles

This Essay advocates expansion of the right to and role of juvenile-defense counsel under the Fourteenth Amendment as articulated by the Supreme Court in In re Gault. It makes this move in light of the evolution of juvenile-court practices over time and modern understandings of adolescent development principles. In doing so it takes a different approach than many advocates and academics who have called for greater reliance on the concepts established in Gideon v. Wainwright and its progeny, relating to the right to and role of counsel in adult-criminal proceedings. Instead it suggests that standards of representation for juveniles must …

Law Clinics And Lobbying Restrictions, Marcy L. Karin, Kevin Barry

Journal Articles

“Can law school clinics lobby?” This question has plagued professors for decades but has gone unanswered, until now. This Article situates law school clinics within the labyrinthine law of lobbying restrictions and concludes that clinics may indeed lobby. For ethical, pedagogical, and, ultimately, practical reasons, it is critical that professors who teach in clinics understand these restrictions. This Article offers advice to professors and students on safely navigating this complicated terrain.

International Cooperation On Migration: Theory And Practice, Alan O. Sykes

University of Chicago Law Review

No abstract provided.

The Influence Of The Agricultural Cluster On The Fayette County Economy, Alison Davis, Lori Garkovich, Leigh Maynard, James Allen, Shaheer Burney, Tarrah Dunaway

Community and Economic Development Initiative of Kentucky Reports

From the executive summary:

The project contains multiple studies that use different methods and information sources to gain a more complete picture of a complex topic. The studies contained in this report are:

I. Economic Impact of Agriculture in Fayette County, Kentucky
II. Interviews with Fayette County Business Leaders
III. The Impact of Equine Sales and Horse Racing Facilities on Non-Agricultural Industries

The purpose of the project is to gather evidence useful in guiding local policies and economic development strategies.

Using A Cultural Lens In The Law School Classroom To Stimulate Self-Assessment, 48 Gonz. L. Rev. 365 (2013), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

The American Bar Association is exerting pressure on United States law schools to improve teaching effectiveness by shifting the evaluation of student learning away from input measures to focus upon output-based assessments. Yet, many legal educators appear to be resistant to and fearful of change, in part, perhaps, due to their comfort with teaching methods such as the Socratic or case-dialogue approach, which demands little accountability for teaching effectiveness and provides more time for the pursuit of the traditional goals of scholarly productivity. This method of teaching as currently utilized in law schools is also innately professor-centric performance art. The …

The Rule Of Law In China And The Prosecution Of Li Zhuang, Vincent R. Johnson, Stephen C. Loomis

Faculty Articles

The rule of law is a philosophical concept, an ideal against which any legal system can be measured. Whether China adheres to the rule of law is critical not only to people in China but also to other nations that look to China for leadership. Serious questions can be raised about whether the recent Chongqing da hei fell short of compliance with the rule of law in the criminal law field. This article considers the Li Zhuang case from a comparative perspective rooted in legal principles that resonate cross-culturally. The article recounts the recent development of a new Chinese legal …