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Uf Law Spring 2014, University Of Florida Levin College Of Law

UF Law Magazine

Greetings from Nature: Gator Lawyers Engage Perils and Opportunities of Environmental Change; Feminine Career Preferences; Jags Fight Sexual Assault; Baldwin's Odyssey

Rural Incentive Programs For Legal And Medical Professionals: A Comparative, Hannah Haksgaard

Faculty Publications

No abstract provided.

The Taxation Of Gratuitous Services Gone Out Of "Control", Allen Madison

Faculty Publications

How does the IRS’s ruling that both parties to an exchange of services are subject to income tax apply in the dating context? When meeting, dating, living together, or potentially raising a child together, single people provide services for each other. Most are unaware that potential tax liability lurks behind their performance and receipt of services. This article proposes a framework for determining when a service is gratuitous and thus subject to income tax and then applies that framework to the four potential phases of singlehood. When a service received by an individual has value and occurs subject to the …

What's Money Got To Do With It?: Public Interest Lawyering And Profit, Kathryn A. Sabbeth

Denver Law Review

No abstract provided.

The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge

Richmond Public Interest Law Review

With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …

Serving Those Who Served, Edward G. Simpson, Iii, Gregory L. Collins

Law Student Publications

Forward from Richmond Journal of Law and the Public Interest, Vol. XVII, regarding the Department of Veterans Affairs (VA). Despite the VA's massive budget and our country's growing veteran population, many veterans' issues are not being adequately addressed, and the legal needs of our veterans require our increased attention.

Tax Advisors And Conflicted Citizens, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Thousands of lawyers are involved every day in advising clients outside of litigation. These lawyers counsel clients on how they can benefit from or avoid violating statutes, regulations, and other sources of law. How should we think about the obligations of the lawyer in this setting? This article argues that we should eschew a single prescriptive model of the advisor in favor of a pluralistic conception that bases responsibilities on the salient factors of the context in which the advisor operates.

The model of the advocate that suggests that the lawyer take a relatively aggressive approach to interpreting the legal …

Graduate Catalog, 2014-2015, University Of South Florida St. Petersburg. Office Of Graduate Studies

Graduate Catalogs

No abstract provided.

A Judges's Perspective On Perspectives Courses: Three Suggested Rubrics…With Examples, Stephen J. Fortunato Jr.

Roger Williams University Law Review

No abstract provided.

Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

SMU Science and Technology Law Review

No abstract provided.

The Indie Lawyer Of The Future: How New Technology, Cultural Trends, And Market Forces Can Transform The Solo Practice Of Law, Lucille A. Jewel

SMU Science and Technology Law Review

No abstract provided.

Immigrant Children And Broadening The Constitutional Right To A Lawyer, Victoria Dempsey

Public Interest Law Reporter

No abstract provided.

Bitcoin, The Law And Emerging Public Policy: Towards A 21st Century Regulatory Scheme, Gregory M. Karch

Florida A & M University Law Review

Bitcoin is the world's first decentralized digital currency. According to Lawrence Lessig, cryptography is "the most important technological breakthrough in the last one thousand years" and will be transformative. Bitcoin, capitalizing on cryptography, is a revolutionary digital currency protocol--a software system capable of tracking financial transactions without the need for a third party intermediary. The Bitcoin software is a "community-driven open source project released under an MIT license.”

This paper begins by briefly reviewing the mechanics of Bitcoin in Section I. Section II then surveys the rapidly expanding uses of Bitcoin, as well as the emerging application of Bitcoin. Since …

Improving Delivery Of Shared Public Services In Kampala Capital City Authority Uganda / Nabukeera Madinah, Nabukeera Madinah

Student Works (2010-2019)

The increasing importance to improve efficiency in Public sector in Uganda allowed the innovative shared service model to operate with a view of lowering costs, improving efficiency and service delivery. This thesis aims to explore whether application of the model resulted into service satisfaction and service quality in Kampala Capital City Authority (KCCA). The theoretical propositions underlying shared services are the transformation of service delivery which leads to improvement and the current researcher has sought the answer to this question by examining the cost, quality and social welfare (CQS) dimensions in KCCA, Uganda. In addition the social welfare, cost, economies …

Yearning To Be Free: Advancing The Rights Of Undocumented Children Through The Improvement Of The Special Immigrant Juvenile (Sij) Status Procedure., Jared Ryan Anderson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Why Lawyers Do What They Do (When Behaving Ethically), James Moliterno, John Keyser

St. Mary's Journal on Legal Malpractice & Ethics

Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer behavior. This Article will report on the results of a study currently underway that seeks to provide empirical evidence to answer the question posed in this Article’s title: Do lawyers train staff in confidentiality preservation because they fear bar discipline? Because they fear malpractice liability? Because they must comply with malpractice liability carrier demands? Because they honor client confidences for their own …

The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney

St. Mary's Journal on Legal Malpractice & Ethics

For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. Under the Australian regulatory regime, incorporated legal practices are required to complete a self-assessment process and to report on the firm’s compliance with ten objectives of sound law practice. Using management-based principles, this Article discusses steps to take to encourage ethics audits “to merge good ethics and good business” in the U.S.

Online Legal Advice: Ethics In The Digital Age, Paige A. Thomas

St. Mary's Journal on Legal Malpractice & Ethics

The rise of the Internet changed the way initial interactions between lawyers and prospective clients happen. Unfortunately, a host of problems concerning privacy rights and consumer usage have emerged. In this digital age, where immediacy and response time are driving factors in an attorney’s online presence, the approach to establish an attorney-client relationship is far more informal. Due to the quick rise of the Internet and social media, the Model Rules of Professional Conduct do not offer a clear answer for attorneys using social media. An inherent danger lies in off-the-cuff remarks, made on the Internet—a platform generally associated with …

Characterizing Ghostwriting., Debra Lyn Bassett

St. Mary's Journal on Legal Malpractice & Ethics

It is well known that legal services are costly and that existing pro bono services are inadequate to help every individual who would benefit from legal assistance. Compounding this unmet need are various restrictions on the types of clients and types of cases that qualify for pro bono services. For example, Legal Services Corporation lawyers may not represent undocumented individuals, and may not undertake a representation in an abortion, desegregation, or assisted suicide matter. One attempt to mitigate this unmet need is ghostwriting. Analogous to presidential speechwriting, ghostwriting in the legal context occurs when a lawyer drafts a pleading or …

Machine Learning And Law, Harry Surden

Publications

This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning” refers to computer algorithms that have the ability to “learn” or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing …

Legal And Regulatory Framework For Public-Private Partnerships In Infrastructure Development: A Case Study Of Three African Models And Core International Frameworks / Adekilekun Mubarak Tijani, Adekilekun Mubarak Tijani

Student Works (2010-2019)

In most developing countries, the provision and supply of public infrastructures and services were, until recently, under the total control of the public authorities. However, because of inefficiencies, corruption, lack of skills and technical knowhow that had plagued, and in fact still continue to plague, the provision and supply of public infrastructure through the traditional public procurement model, as well as the need to harness private capital and expertise, the governments of these countries began to divest themselves of their monopoly in the provision and supply of infrastructures. This paradigm shift from ‘government providing’ to ‘government enabling’ approach necessitates the …

Annual Report 2013, Central Bank Of Cyprus

Documents

No abstract provided.

Advance (Fall 2014), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.

Evaluating Trickle Down Charity, Matthew Rossman

Faculty Publications

As our nation's philanthropic sector becomes more entrepreneurial, ambitious and influenced by the private sector, longstanding legal standards on what constitutes “charity” struggle to stay relevant. More and more often, organizations that seek classification by the Internal Revenue Service as a Section 501(c)(3) charity (and the substantial public subsidy that this status unlocks) are not the soup kitchens and homeless shelters of yesteryear, but highly sophisticated ventures which accomplish their missions in ways that are less obviously charitable. In no case is this more true than in the recent widespread emergence of nonprofit organizations whose primary activity is providing direct …

The 4-1-1 On Lawyer Directories, Mary Whisner

Librarians' Articles

Directories listing biographical and contact information for attorneys have been a publishing mainstay for more than one hundred years. They are used for marketing, as well as historical and genealogical research. However, technology is changing the way attorneys advertise, and Ms. Whisner looks at the current state of lawyer directories and their usage.

Review Of “The Bookless Library,” New Republic, Ellen Mackey

Collaborative Librarianship

No abstract provided.

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Journal Publications

Lawyers have long been recognized as being necessary in the effective functioning of an ordered society in roles as both officers of the court and, more broadly, as officers of the system of justice. In 2014, the ABA Task Force on the Future of Legal Education report noted that "[s]ociety has a deep interest in the competence of lawyers, in their availability to serve society and clients, in the broad public role they can play, and in their professional values." Values such as those noted in the Model Rules of Professional Conduct (advisor, counselor, and advocate) are instrumental in the …

School Of Law 75th Anniversary, North Carolina Central University School Of Law

Anniversary Commemorative Publications

No abstract provided.

Document Automation Software: Solving The Dichotomy Between Meeting Attorney's Financial Needs And Ethical Obligations, Tejas G. Patel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Private Ordering In The Market For Professional Services, Cassandra Burke Robertson

Faculty Publications

Freedom of contract is significantly restricted in the market for professional services. Under the so-called “corporate practice doctrine,” professionals such as doctors and lawyers are prohibited from practicing within corporate entities, and laypeople are likewise prohibited from investing in professional service firms. Defenders of this prohibition argue that it can be justified as a means of protecting professional independence and thereby increasing the quality of care. In fact, however, the available evidence suggests that investment restrictions are counterproductive to their stated goal. In practice, these restrictions raise costs and reduce access without measurably improving the quality of service at all. …