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2013

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Articles 991 - 1020 of 1228

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Waiving Due Process (Goodbye): Stipulated Orders Of Removal And The Crisis In Immigration Adjudication, Jennifer Lee Koh Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

'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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2013

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.