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Articles 991 - 1020 of 1228
Full-Text Articles in Entire DC Network
Waiving Due Process (Goodbye): Stipulated Orders Of Removal And The Crisis In Immigration Adjudication, Jennifer Lee Koh
Waiving Due Process (Goodbye): Stipulated Orders Of Removal And The Crisis In Immigration Adjudication, Jennifer Lee Koh
North Carolina Law Review
No abstract provided.
Creating Cayman As An Offshore Financial Center: Structure & Strategy Since 1960, Tony Freyer, Andrew P. Morriss
Creating Cayman As An Offshore Financial Center: Structure & Strategy Since 1960, Tony Freyer, Andrew P. Morriss
Faculty Scholarship
The Cayman Islands are one of the world's leading offshore financial centers (OFCs). Their development from almost a barter economy in 1960 to a leading OFC for the location of hedge funds, captive insurance companies, yacht registrations, special purpose vehicles, and international banking today was the result of a collaborative policy-making process that involved local leaders, expatriate professionals, and British officials. Over several decades, Cayman created a political system that enabled it to successfully compete in world financial markets for transactions, participate in major international efforts to control financial crimes, and avoid the political, economic, racial, and social problems that …
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Faculty Scholarship
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …
Accelerating The Growth Of The Next Generation Of Innovators, Dana Thompson
Accelerating The Growth Of The Next Generation Of Innovators, Dana Thompson
Articles
In a recent study on the best practices of business incubators that contribute to the success of startups, one of the best practices asserted is to include a business lawyer on the advisory board of business incubators, who may suggest necessary legal issues for startups to address and connect the incubator startups with legal assistance. Although many college and university incubators may have access to experienced attorneys who are able to provide advice, and who are able to represent student-led ventures, most do not have access to a university law clinic established to provide pro bono, direct legal representation and …
Efficient Copyright Infringement, David Fagundes
Efficient Copyright Infringement, David Fagundes
Faculty Articles
Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that, in order to achieve copyrights goal of maximizing cultural production, this dominant story of infringement's costs requires alongside it a counter-story identifying the rare but important instances where copyright infringement enhances social welfare. Part I explains the need for an account of the notion of efficient copyright infringement. Other types of unlawful conduct may also be beneficial, but copyright in particular warrants exploration of efficient infringement because maximizing creative production requires some level of unauthorized …
'Simple' Takes On The Supreme Court, Robert Tsai
'Simple' Takes On The Supreme Court, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
The Landmark That Wasn't: A First Amendment Play In Five Acts Case Study And Commentaries, Stephen Wermiel
The Landmark That Wasn't: A First Amendment Play In Five Acts Case Study And Commentaries, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
What follows is an original case study of our First Amendment law of free expression and how it is created by the Supreme Court. Drawing heavily on heretofore unpublished internal papers from the chambers of Justice William Brennan and other Justices, this Article reveals how the 1964 landmark decision in New York Times Co. v. Sullivan was once in serious jeopardy of being overruled. In the course of this discussion, and in their examination of the evolution of the Court’s decision in Dun & Bradstreet v. Greenmoss Builders (1985), the authors describe and analyze: (1) how and to what extent …
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Scholarly Articles in Law Reviews & Journals
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Faculty Scholarship
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …
Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Alex Zhang, Keiko Okuhara, Evelyn Ma
Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Alex Zhang, Keiko Okuhara, Evelyn Ma
Faculty 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.
A Social Justice Lens Turned On Legal Education: Next Steps In Representing The Vulnerable And Inspiring Law Students, Stephanie M. Wildman, Deborah Moss-West
A Social Justice Lens Turned On Legal Education: Next Steps In Representing The Vulnerable And Inspiring Law Students, Stephanie M. Wildman, Deborah Moss-West
Faculty Publications
No abstract provided.
Can Competencies Drive Change In The Legal Profession?, Terri Mottershead, Sandee Magliozzi
Can Competencies Drive Change In The Legal Profession?, Terri Mottershead, Sandee Magliozzi
Faculty Publications
No abstract provided.
The Fully Formed Lawyer: Why Law Schools Should Require Public Service To Better Prepare Students For Private Practice, Sara Rankin
Faculty Articles
It is now commonly accepted that law schools are graduating students who are under-prepared for practice in the real world. In other words, students that perform adequately in the classroom seem to struggle or suffer — to an unnecessary degree — when they enter practice. It is as though law schools are graduating inchoate or “partially-formed” lawyers, who demonstrate classroom fluency but lack meaningful ability to grapple with the wrinkles and complexity of real-world practice. This article argues that to create practice-ready or “fully formed” lawyers, law schools should reform to prioritize hands-on training in public service. It may seem …
Transnational Legal Practice (International) [In 2010-2012], Laurel S. Terry
Transnational Legal Practice (International) [In 2010-2012], Laurel S. Terry
Faculty Scholarly Works
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …
Transnational Legal Practice (United States) [In 2010-2012], Laurel S. Terry
Transnational Legal Practice (United States) [In 2010-2012], Laurel S. Terry
Faculty Scholarly Works
This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …
Trends In Global And Canadian Lawyer Education, Laurel S. Terry
Trends In Global And Canadian Lawyer Education, Laurel S. Terry
Faculty Scholarly Works
Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the U.S. and Canada, but around the world. Global regulatory trends have begun to emerge as lawyer regulators have had to respond to new developments. In 2012, Australian regulators Steve Mark and Tahlia Gordon and the author, who is a U.S. academic, documented some of these global trends in lawyer regulation. See Laurel S. Terry, Steve Mark, & Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012), https://works.bepress.com/laurel_terry/95/. Their article concluded …
Why Your Jurisdiction Should Consider Jumping On The Regulatory Objectives Bandwagon, Laurel S. Terry
Why Your Jurisdiction Should Consider Jumping On The Regulatory Objectives Bandwagon, Laurel S. Terry
Faculty Scholarly Works
The “regulatory objectives movement” is a relatively new movement that can be traced to events culminating in the adoption of the 2007 UK Legal Services Act. Section 1 of that Act, which was hotly debated, set forth the regulatory objectives that the Act—and its implementation—should achieve. The UK Act was followed by initiatives in a number of other national jurisdictions that sought to identify regulatory objectives for the legal profession. In short, it is increasingly common to find jurisdictions adopting an explicit and succinct statement of the objectives they are trying to achieve when they regulate lawyers. This article recommends …
Reflections On Us Policies Regarding Effective Regulation And Discipline And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room, Laurel S. Terry
Faculty Scholarly Works
The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …
Free Agents: Should Crowdsourcing Lead To Agency Liability For Firms?, Erin R. Frankrone
Free Agents: Should Crowdsourcing Lead To Agency Liability For Firms?, Erin R. Frankrone
Vanderbilt Journal of Entertainment & Technology Law
Crowdsourcing has emerged as a new production paradigm through which firms outsource traditional employee tasks to an undefined and generally large network of people, the "crowd," in the form of an open call. The relationships between the crowd and the firm vary across different crowdsourcing models and do not represent, either in fact or in theory, the employment or contractor relationships with which the law is familiar. Therefore, the law and the courts are ill-equipped to answer the questions of whether and how liability should attach to firms for the crowd's harmful conduct toward third parties. Agency law is the …
Underclaiming And Overclaiming, Peter Siegelman, Sachin Pandya
Underclaiming And Overclaiming, Peter Siegelman, Sachin Pandya
Faculty Articles and Papers
Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.
Searching Uspto Trademark Records, Amy Jansen, Robert Berry
Searching Uspto Trademark Records, Amy Jansen, Robert Berry
Librarian Publications
Presentation by Amy Jansen and Robert Berry of the Sacred Heart University Library outlining the advantages of federal registration of trademarks and service marks and the steps involved. Includes legal background and examples.
Eliminating Sexual Harassment Of Adolescent Girls In Bangladesh: A Comparative Analysis Of Multi-Level Strategies, Kristan Bakker
Eliminating Sexual Harassment Of Adolescent Girls In Bangladesh: A Comparative Analysis Of Multi-Level Strategies, Kristan Bakker
Capstone Collection
As a result of civil society and the government of Bangladesh’s commitment to reach universal education and gender equality, great strides have been made in secondary school enrollment with the number of girls attending now on par with that of boys. However, a consequence of the increased mobility of adolescent girls in public places is increased incidences of sexual harassment. In 2009 and 2010 there was a rash of suicides. Adolescent girls who had been victims of sexual harassment took their own lives to escape the pain and shame brought on by a culture that blames girls for men’s unwelcomed …
Patent Law Pro Bono: A Best Practices Handbook, Amy M. Salmela, Mark R. Privratsky
Patent Law Pro Bono: A Best Practices Handbook, Amy M. Salmela, Mark R. Privratsky
Cybaris®
No abstract provided.
A Bridge To The Practicing Bar Of Foreign Nations: Online American Legal Studies Programs As Forums For The Rule Of Law And As Pipelines To Bar-Qualifying L.L.M. Programs In The U.S., Jeffrey A. Van Detta
A Bridge To The Practicing Bar Of Foreign Nations: Online American Legal Studies Programs As Forums For The Rule Of Law And As Pipelines To Bar-Qualifying L.L.M. Programs In The U.S., Jeffrey A. Van Detta
South Carolina Journal of International Law and Business
No abstract provided.
Playing Politics With Rape: Republican Apologia In The 2012 Violence Against Women Act Reauthorization, Kelsey Deforest
Playing Politics With Rape: Republican Apologia In The 2012 Violence Against Women Act Reauthorization, Kelsey Deforest
Undergraduate Research Awards
"During the second half of 2012, heightened scrutiny was applied to Republican politicians’ discussion of sexual assault. This wave of interrogation, though, began too late to affect the debates over the 2012 Violence Against Women Act Reauthorization. This paper will problematize these debates by analyzing the rhetoric of self-defense used by Republican legislators in the House of Representatives to defend their VAWA Reauthorization bill. By applying a feminist critical discourse analysis to the final VAWA Reauthorization debate held on May 16, 2012, this paper shows that the actions of the Republican legislators are rooted in a desire to protect the …
The Impact Of Rankings And Rules On Legal Education Reform, David N. Yellen
The Impact Of Rankings And Rules On Legal Education Reform, David N. Yellen
Faculty Publications & Other Works
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.
The Rise And Fall Of Chinese Legal Education, Carl Minzner
The Rise And Fall Of Chinese Legal Education, Carl Minzner
Fordham International Law Journal
No abstract provided.
Symposium On Eu Law: Developments In Honor Of Judge Konrad Schiemann, Roger Goebel
Symposium On Eu Law: Developments In Honor Of Judge Konrad Schiemann, Roger Goebel
Fordham International Law Journal
No abstract provided.
History Of The Battered Woman Syndrome- A Fallen Attempt To Redefine The Reasonable Person Standard In Domestic Violence Cases., Noel Rivers-Schutte
History Of The Battered Woman Syndrome- A Fallen Attempt To Redefine The Reasonable Person Standard In Domestic Violence Cases., Noel Rivers-Schutte
Student Works
No abstract provided.
Reaching Out, Crying Wolf, Or Feigning Fine : Identifying Over- And Under-Reporting Of Psychological Symptoms On The Mmpi-2 In A Military Population, Amanda Kruszewski
Reaching Out, Crying Wolf, Or Feigning Fine : Identifying Over- And Under-Reporting Of Psychological Symptoms On The Mmpi-2 In A Military Population, Amanda Kruszewski
Doctor of Psychology (PsyD)
No abstract provided.