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Articles 901 - 930 of 1228
Full-Text Articles in Entire DC Network
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Cardozo Journal of Conflict Resolution
The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984 the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye, the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …
The Lawyer With The Adr Tattoo, Jennifer W. Reynolds
The Lawyer With The Adr Tattoo, Jennifer W. Reynolds
Cardozo Journal of Conflict Resolution
This Article considers whether ADR presents a branding problem for legal professionals and, if so, how those professionals can reclaim the brand in productive, career-affirming ways. Whether one should self-identify as proponent, practitioner, or scholar of alternative practices implicates broad tensions not only around assimilating with integrity into any longstanding change-resistant profession, but also around the shortcomings of the adversarial system and the legitimacy of ADR.
People V. Diaz, Senate Bill 914 And The Fourth Amendment, Caitlin Keane
People V. Diaz, Senate Bill 914 And The Fourth Amendment, Caitlin Keane
UC Law SF Communications and Entertainment Journal
After the Diaz decision in January, Senator Mark Leno, a Democrat representing San Francisco, took matters into his own hands and drafted Senate Bill 914. In short, the bill would have overturned the Court's decision and required law enforcement to obtain a search warrant from a neutral magistrate before searching arrestees' portable electronic devices. The bill passed with overwhelming support from both political parties in the State Assembly and State Senate and needed only Governor Brown's signature or tacit approval to become law. Governor Brown vetoed the bill in October 2011, stating, "[t]he courts are better suited to resolve the …
The Impact Of Rankings And Rules On Legal Education Reform Essay, David Yellen
The Impact Of Rankings And Rules On Legal Education Reform Essay, David Yellen
Connecticut Law Review
Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association’s accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others.
U.K. Refugee Lawyers: Pushing The Boundaries Of Domestic Court Acceptance Of International Human Rights Law, Stephen Meili
U.K. Refugee Lawyers: Pushing The Boundaries Of Domestic Court Acceptance Of International Human Rights Law, Stephen Meili
Articles
This Article analyzes how refugee lawyers in the United Kingdom navigate the tension between state power and international norms. Based on interviews with lawyers representing persons seeking asylum and other forms of refugee protection in the United Kingdom, the Article reveals how these lawyers successfully utilize international human rights treaties on behalf of their clients despite domestic policies making it more difficult for refugees to assert their rights. The Article argues that U.K. refugee lawyers play a critical role in the globalization struggle by encouraging state actors (in this case, the judiciary) to adhere to international norms that might otherwise …
Give Taxpayers A Break: Putting The Reliance Element Back Into The Reasonable Reliance And Good Faith Defense, 28 Akron Tax J. 123 (2013), Ronald Z. Domsky
Give Taxpayers A Break: Putting The Reliance Element Back Into The Reasonable Reliance And Good Faith Defense, 28 Akron Tax J. 123 (2013), Ronald Z. Domsky
UIC Law Open Access Faculty Scholarship
This Article considers the present law regarding the accuracy related penalties pursuant to I.R.C § 6662 and the reasonable reliance and good faith defense provided for in I.R.C § 6664 using Canal as a prime example of how the courts have treated and penalized taxpayers for relying on tax advisors in planning proposed transactions and in taking positions on returns and proposes a new analysis of a taxpayer's good faith and reasonable reliance. Section II of this Article discusses the current state of the law regarding the Section 6662 penalties, the function and regulations imposed on tax attorneys in advising …
General Jurisdiction And The Transnational Law Market, Donald Earl Childress Iii
General Jurisdiction And The Transnational Law Market, Donald Earl Childress Iii
Vanderbilt Law Review En Banc
No abstract provided.
The Project Model Of Clinical Education, Anna Carpenter
The Project Model Of Clinical Education, Anna Carpenter
Faculty Articles
In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …
Bemidji State University Magazine, Vol. 29, No. 1, Office Of Communications & Marketing
Bemidji State University Magazine, Vol. 29, No. 1, Office Of Communications & Marketing
Bemidji State University Magazine
Bemidji State University magazine, volume 29, no. 1, Fall/Winter 2013. Cover story: BSU launches $35 million 'Imagine Tomorrow' campaign.
Free Fall: The Online Market's Consumer Preference Disconnect, Katherine J. Strandburg
Free Fall: The Online Market's Consumer Preference Disconnect, Katherine J. Strandburg
Faculty Articles
Do Internet users “pay” for online products and services with personal data? The common analogy between online data collection for behaviorally targeted advertising and payment for purchases is seriously misleading. There is no functioning market based on exchanges of personal information for access to online products and services. In a functioning market, payment of a given price signals consumer demand for particular goods and services, transmitting consumer preferences to producers. Data collection serves as “payment” in that critical sense only if its transfer from users to collectors adequately signals user preferences for online goods and services. It does not. Indeed, …
Life Sciences Dual Use Research Of Concern, Public Health And Safety, And The Doctrine Of Unconstitutional Conditions, Vickie J. Williams
Life Sciences Dual Use Research Of Concern, Public Health And Safety, And The Doctrine Of Unconstitutional Conditions, Vickie J. Williams
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Rodriguez V. Instagram, Superior Court For The State Of California, County Of San Francisco
Rodriguez V. Instagram, Superior Court For The State Of California, County Of San Francisco
Historical and Topical Legal Documents
No abstract provided.
Steinger & Iscoe, P.A. V. Paul K. Schrier, P.A., United States District Court For The Southern District Of Florida
Steinger & Iscoe, P.A. V. Paul K. Schrier, P.A., United States District Court For The Southern District Of Florida
Historical and Topical Legal Documents
No abstract provided.
Demetriades V. Yelp, California Superior Court
Demetriades V. Yelp, California Superior Court
Historical and Topical Legal Documents
No abstract provided.
The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright
The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright
Kentucky Law Journal
No abstract provided.
In The Aftermath: Responsibility And Professionalism In The Wake Of Disaster, Matthew Paul Crouch
In The Aftermath: Responsibility And Professionalism In The Wake Of Disaster, Matthew Paul Crouch
South Carolina Law Review
No abstract provided.
Remedies As A Capstone Experience: How The Remedies Course Can Help Address The Challenges Facing Legal Education, Michael P. Allen
Remedies As A Capstone Experience: How The Remedies Course Can Help Address The Challenges Facing Legal Education, Michael P. Allen
Saint Louis University Law Journal
No abstract provided.
A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes
A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes
University of Florida Journal of Law & Public Policy
No abstract provided.
Town Of Middleton Annual Report., Middleton Town Representatives
Town Of Middleton Annual Report., Middleton Town Representatives
Middleton, NH Annual Reports
This is an annual report containing vital statistics for a town/city in the state of New Hampshire.
Town Of Greenfield 2012 Annual Reports For Fiscal Year Ending December 31, 2012., Greenfield Town Representatives
Town Of Greenfield 2012 Annual Reports For Fiscal Year Ending December 31, 2012., Greenfield Town Representatives
Greenfield, NH Annual Reports
This is an annual report containing vital statistics for a town/city in the state of New Hampshire.
Town Of Deering 2012 Annual Report., Deering Town Representatives
Town Of Deering 2012 Annual Report., Deering Town Representatives
Deering, NH Annual Reports
This is an annual report containing vital statistics for a town/city in the state of New Hampshire.
Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren
Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren
UC Law SF Journal on Gender and Justice
Professional Responsibility in Civil Domestic Violence Matters explores the fundamental ethical duties that arise in civil domestic violence practice. The article stresses the importance of an attorney having a comprehensive knowledge of domestic violence dynamics and describes how these complex dynamics impact the attorney-client relationship. Knowledge of domestic violence and its impact on the victim is required if the attorney is to fulfill their duty of competence, including providing legal services in a culturally competent and trauma-informed manner. The importance of safety and specific ethical responsibilities in the face of high lethality cases are also discussed. The author examines attorney …
Legal Education And Professional Skills: Myths And Misconceptions About Theory And Practice, Kate Kruse
Legal Education And Professional Skills: Myths And Misconceptions About Theory And Practice, Kate Kruse
Faculty Scholarship
Current critiques of legal education push law schools toward seemingly contradictory goals: (1) provide more practical training to a greater number of students; and (2) lower operational costs. This article addresses those who have a sincere desire to meet both goals. Although it offers a proposal for restructuring legal education, its primary focuses is on the mental and psychological barriers — the mistakes in thinking — that prevent law faculties from engaging in substantial. At the deepest level is a basic myth: that professional education can meaningfully separate theory from practice. This myth divides legal education into a series of …
Facilitating Better Law Teaching-Now, Martin J. Katz
Facilitating Better Law Teaching-Now, Martin J. Katz
Emory Law Journal
This Essay is about solutions-real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.
Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss
Emory Law Journal
For a major field, employment discrimination suffers surprisingly low-quality plaintiffs[apostrophe] lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs¿ briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for win[emdash]loss rate, bad plaintiffs[apostrophe] briefs far more often yield decisions crediting debatable defenses.
Putting Two Drug Courts To The Top Ten Test: Comparing Essex And Denver Drug Court With "The Carey Team's" Best Practice, Donna K. Axel, David M. Rosen
Putting Two Drug Courts To The Top Ten Test: Comparing Essex And Denver Drug Court With "The Carey Team's" Best Practice, Donna K. Axel, David M. Rosen
Valparaiso University Law Review
No abstract provided.
Tethered To Tradition: Toward An Innovative Model For Legal Education, David M. Moss
Tethered To Tradition: Toward An Innovative Model For Legal Education, David M. Moss
Chapman Law Review
No abstract provided.
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
Chapman Law Review
No abstract provided.
Panel 1: Can Law Schools Prepare Students To Be Practice Ready?
Panel 1: Can Law Schools Prepare Students To Be Practice Ready?
Chapman Law Review
No abstract provided.
Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier
Nevada Law Journal
No abstract provided.