Digital Commons Network^™

Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects, Migai Akech

Indiana Journal of Global Legal Studies

This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in …

The Role And Value Of A Shadow Program In The Law School Curriculum, Robert Hornstein

MC Law Review

No abstract provided.

Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen

Hofstra Law Review

In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, observed that one of the ABA Guidelines’ central virtues was to recognize that the death penalty is expensive. Fairness in the application of the ultimate punishment requires governments to develop systems to allocate essential resources, like compensation for counsel and funds for experts and investigators. Ten years later, this Article revisits Professor Freedman’s observation by exploring the question of resources and urging counsel to increase their use of the ABA Guidelines in fighting for the irreducible …

Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri

Hofstra Law Review

Lawyers err every day, in hard and easy cases, in trials and transactions, and in large and small firms. By turns commonplace and noteworthy, the errors fall in both the private shadow and the public light of for-profit, nonprofit, and government practice. The literature of lawyer and, by extension, law firm error spans common law doctrines, state ethics rules and opinions, federal rules, practitioner treatises, restatements, and academic casebooks and commentaries. Despite the breadth of this literature, the intertwined problems of lawyer or law firm error and client malpractice disclosure remain unresolved and surprisingly underappreciated.

Against the backdrop of widening …

The Relational Infrastructure Of Law Firm Culture And Regulation: The Exaggerated Death Of Big Law, Russell G. Pearce, Eli Wald

Hofstra Law Review

The Article debunks the highly publicized claim, within the academy and the legal profession, that the demise of Big Law is imminent. Critics have argued that large law firms face a near perfect storm that imperils their future. They argue that increasing sophistication and influence of in-house legal departments, and the exponential leap in legal technology, undermine large law firms’ claims to expertise, market power, and profitability. At the same time, they argue, the internal weakness of large firms makes them less likely to perform the very tasks essential to sustaining large law firms' reputational capital because the traditional partnership …

Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda

Hofstra Law Review

When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary lawyer instead of to co-counsel), the black letter rule in Rule 4.4 requires the lawyer to notify the other side. However, this Rule does not require the receiving lawyer to return the document unread. Whether the receiving lawyer can use that document depends, in essence, on the law of evidence. If the court decides that the document lost its privileged status (perhaps because the sending lawyer acted …

The Case For Proactive Management-Based Regulation To Improve Professional Self-Regulation For U.S. Lawyers, Ted Schneyer

Hofstra Law Review

The article discusses the American Bar Association's (ABA's) Standing Committee on Professional Discipline and its review of the ABA's Model Rules for Lawyer Disciplinary Enforcement, focusing on proactive management-based regulation as a means of improving professional self-regulation for U.S. lawyers as of 2013. Other topics include attorney misconduct claims by clients, law firm management, and the roles of solicitors in assessing a law firm's ethical infrastructure in New South Wales.

Contract Stories: Importance Of The Contextual Approach To Law, Larry A. Dimatteo

UF Law Faculty Publications

How law is taught is at the center of the debate over the need to change legal education to better prepare students for a difficult and changing marketplace for legal services. This Article analyzes the benefits of using “stories” to teach law. The stories to be discussed relate to contract law: this Article asks whether they can be used to improve the method and content of teaching law. The ruminations offered on teaching contract law, however, are also relevant to teaching other core, first-year law courses.

What Do Clients Want From Their Lawyers?, Clark D. Cunningham

Faculty Publications By Year

This working paper assembles empirical data from England, Australia and the United States indicating that individual clients do not evaluate their lawyers - as attorneys frequently assume - primarily in terms of the outcomes achieved. Rather, clients place greater weight on the quality of communication with their lawyers and are often disappointed by failure to listen carefully and explain clearly. The paper concludes with suggestive survey data that organizational clients may have similar views about the large firm lawyers that represent them. The author is the director of the Effective Lawyer-Client Communication Project and the National Institute for Teaching Ethics …

Directory Of Resources For Rural Families And Businesses Experiencing Difficulties, Department Of Agriculture And Food, Western Australia

All other publications

No abstract provided.

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson

Articles

No abstract provided.

Improving Law School "Transparency", Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

The Merger Agreement Myth, Jeffrey Manns, Robert Anderson Iv

Cornell Law Review

No abstract provided.

Political Speech And Association Rights After Knox V. Seiu, Local 1000, Catherine L. Fisk, Erwin Chemerinsky

Cornell Law Review

No abstract provided.

"Valour Rather Than Prudence": Hard Times And Hard Choices For Canada's Legal Academy, Harry W. Arthurs

Articles & Book Chapters

No abstract provided.

Does Intimate Partner Violence Affect The Acceptability Of Expedited Partner Therapy?, Suzanne Elizabeth Beck

Legacy Theses & Dissertations (2009 - 2024)

Background: Studies have identified associations between intimate partner violence (IPV) and elevated risk of sexually transmitted infections (STI). An estimated 6% of women in the United States have experienced physical and/or sexual assault inflicted by an intimate partner in the previous year. Of those with an STI, chlamydia is disproportionately reported for women. In 2009, New York State legalized Expedited Partner Therapy (EPT) for chlamydial infections; however clinicians are lacking guidance with respect to appropriate use of EPT when IPV is a concern.

Psci 370.01: Courts And Judicial Politics, James J. Lopach

University of Montana Course Syllabi

No abstract provided.

Health And Life Skills Curriculum For The Adolescent Girls Empowerment Program (Agep), Population Council

Poverty, Gender, and Youth

The Adolescent Girls Empowerment Program (AGEP) in rural and urban Zambia aims to build social, health, and economic assets of adolescent girls. A safe spaces component is at the core of AGEP. Girls groups, under the guidance of a female mentor from the same community, provide a safe and supportive learning environment. The meetings are critical in building social assets for vulnerable girls—including friendships, self-esteem, trusting relationships with adults, and social support. The training content over the course of the year varies from sexual and reproductive health and life skills to financial education and nutrition training. This curriculum aimed to …

Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig

SMU Law Review

No abstract provided.

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Douglas S. Lang, Rachel A. Campbell

SMU Law Review

No abstract provided.

Should A Joint-Client Relationship Arise From An Executive's Communication With Corporate Counsel - Comparing The U.S. And U.K. Approaches And A Proposal, John Gergacz

The International Lawyer

No abstract provided.

Does Interest Always Follow Principal?: A Prisoner’S Property Right To The Interest Earned On His Inmate Account Under Young V. Wall, 642 F.3d 49 (1st Cir. 2011), Emily Tunink

Nebraska Law Review

There is little doubt the Fifth Amendment of the United States Constitution protects ordinary citizens from unconstitutional takings. 1 However, the prison environment presents unique circumstances that call into question the applicability of this protection to prison inmates. In fact, many courts have denied prison inmates the property rights they maintained prior to incarceration.2 One right that courts have denied prisoners is the property right to the interest earned on their inmate accounts.3 Yet, not all courts have denied prisoners a property right to such interest, creating a definitive split among the federal courts of appeals. On one side, courts …

Gideon At Fifty—Golden Anniversary Or Mid-Life Crisis, Kim A. Taylor-Thompson

Faculty Articles

Fifty years ago, Gideon laid an important foundation, but that foundational principle requires new responses to new challenges. There is much work to do to prevent this fiftieth anniversary from collapsing into a mid-life crisis and, instead, enabling this half-century mark to be the golden anniversary it ought to be. Part one of this essay examines the ways in which the states have veered from the path set by Gideon. To breathe life into the Gideon mandate, and to make the sort of course correction that honors the decision’s principles rather than weaken them to caricatures, we, and all who …

New Silicon Valleys Or A New Species? Commoditization Of Knowledge Work And The Rise Of Knowledge Services Clusters, Stephan Manning

Management and Marketing Faculty Publication Series

This paper explores knowledge services clusters (KSCs) as a distinct and increasingly important form of geographic cluster, in particular in emerging economies: KSCs are defined as geographic concentrations of lower-cost skills serving global demand for increasingly commoditized knowledge services. Based on prior research on clusters and services offshoring, and data from the Offshoring Research Network (ORN), major properties and contingencies of KSC growth are discussed and compared with both high-tech clusters and low-cost manufacturing clusters. Special emphasis is put on the ambivalent effect of commoditization of knowledge work on KSC growth: It is proposed that KSCs attract most projects if …

An Assessment Of Injury Presentation To Determine Elder Abuse Prevalence In South Carolina, Brittani L. Harmon

Theses and Dissertations

As the number of individuals age 60 years of age and older continues to rise in the United States, the care and safety of this population will be a growing issue. There are many contributing factors and reasons why elder abuse occurs. Elder abuse is an emerging issue; however there is limited research and understanding in the area. There are barriers to the detection and prevention of the issue. Emergency department staff is essential to the identification and detection of possible abuse, and it is important that these providers understand the risk factors and physical manifestations of abuse and neglect …

The Parasitic Oligarchy? The Elites In Trinidad And Tobago, Alison Mc Letchie

Theses and Dissertations

The existence of an elite class within societies is often a topic of research in the study of inequality of power and influence. Researchers, however, acknowledge that the nature and composition of the elite varies. Trinidad and Tobago, with its colonial history and diverse population has had to confront issues surrounding access to power by various groups within the society. One driving force of the 1970s Black Power Revolution was the practice of color discrimination in the banking industry. Informed by Mills' (1956) elite theory and rooted in Beckford's (1972) economic theory, this project surveys the elite of Trinidad and …

Pila Auction Program 2013, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Student Organizations

No abstract provided.

Salt Equalizer, Vol. 2013, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Survey Information and Methodology, at 1.

2012-13 SALT Salary Survey, at 1.

About SALT and SALT Membership, at 3.

Survey Instrument, at 4.

SALT Salary Survey 2012-2013, at 4.

Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Scholarly Publications

This article presents a case study of adapting the Socratic Method, popularized in American law schools, 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, the article reviews the goals, methods, successes, and challenges encountered in the development of an adapted “Multilevel Socratic” method, concluding with recommendations …