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2014

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The Judge Put Me On The List: Judicial Review And Organ Allocation Decisions, Michelle De Vito Jan 2014

The Judge Put Me On The List: Judicial Review And Organ Allocation Decisions, Michelle De Vito

Case Western Reserve Law Review

No abstract provided.


Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello Jan 2014

Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Retaining Color, Veronica Root Jan 2014

Retaining Color, Veronica Root

Journal Articles

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have more difficulty retaining attorneys of color — in particular black and Hispanic attorneys …


Employee Benefit Plans Industry Developments - 2014; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa) Jan 2014

Employee Benefit Plans Industry Developments - 2014; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.


Employee Benefit Plans, January 1, 2014; Audit And Accounting Guide, American Institute Of Certified Public Accountants (Aicpa) Jan 2014

Employee Benefit Plans, January 1, 2014; Audit And Accounting Guide, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.


Grabbing The Bull By The Horns: The Future Of Mortgage Lending And Securitization In The Aftermath Of The Financial Crisis, Daniel Chatlos Jan 2014

Grabbing The Bull By The Horns: The Future Of Mortgage Lending And Securitization In The Aftermath Of The Financial Crisis, Daniel Chatlos

University of Florida Journal of Law & Public Policy

No abstract provided.


Randolph Thrower-A Personal Remembrance, Steve Gottlieb Jan 2014

Randolph Thrower-A Personal Remembrance, Steve Gottlieb

Emory Law Journal

Randolph Thrower was an extraordinary man, but I did not get a chance to meet him until after everyone already knew that. In fact, I met him because of the unique reputation he had with lawyers throughout Atlanta.


The Nacirema Revisited, Jeffrey D. Kahn Jan 2014

The Nacirema Revisited, Jeffrey D. Kahn

SMU Law Review

In 1956, anthropologist Horace Miner published the article for which he is best known, "Body Ritual among the Nacirema." This short but groundbreaking essay described personal rituals practiced by a fascinating but poorly understood people. Inspired by Miner's work and based on close-quarters field research, this essay revisits the strange world of the Nacirema. Two of the more "legal" features of their society are explored: (1) what might be termed the higher-order constitutional design of their society, and (2) the mechanisms of day-to-day maintenance of their social order.


Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline Nolan-Haley, James Kwasi Annor-Ohene Jan 2014

Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline Nolan-Haley, James Kwasi Annor-Ohene

Faculty Scholarship

Ghana enacted comprehensive alternative dispute resolution legislation in 2010 with the specific goals of providing access to justice and promoting domestic and foreign direct investment (The Act). A significant aspect of the Act was the inclusion of customary arbitration and mediation. The focus of this Article is on mediation as this is the first time that mediation has been included in a statute in Ghana. The Act’s definition of mediation reflects an understanding of the mediation process based upon the western values of individual autonomy and party self-determination. These principles represent a significant departure from the more communal values of …


A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A. Jan 2014

A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.

Theses and Dissertations (Comprehensive)

This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …


The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang Jan 2014

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …


Theorizing Billable Hours, Theresa M. Beiner Jan 2014

Theorizing Billable Hours, Theresa M. Beiner

Montana Law Review

This article looks at the ethical and diversity implications of high billable hour requirements. While corporate counsel have increasingly demanded a diverse legal workforce and emphasized the need to lower the costs of outside counsel, law firms have not responded to these concerns in a manner that is producing results. Instead, women continue to drop out of law firm practice at higher rates than their male counterparts and the costs of legal services remain high. High billable hour requirements exacerbate both these problems and have implications as well for ethical lawyering. Using data from a variety of disciplines, the article …


The Forgotten Law Of Lobbying, Zephyr Teachout Jan 2014

The Forgotten Law Of Lobbying, Zephyr Teachout

Faculty Scholarship

For most of American history, until the 1950s, courts treated paid lobbying as a civic wrong, not a protected First Amendment right. Lobbying was presumptively against public policy, and lobbying contracts were not enforced. Paid lobbying threatened the integrity of individuals, legislators, lobbyists, and the integrity of society as a whole. Some states had laws criminalizing lobbying; Georgia had an anti-lobbying provision in its Constitution. Inasmuch as there was a personal right to either petition the government, or share views with officers of the government, this right was not something one could sell -- it was not, in the term …


Compliance And Claim Funding: Testing The Borders Of Lawyers' Monopoly And The Unauthorized Practice Of Law, Michele M. Destefano Jan 2014

Compliance And Claim Funding: Testing The Borders Of Lawyers' Monopoly And The Unauthorized Practice Of Law, Michele M. Destefano

Articles

No abstract provided.


Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag Jan 2014

Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag

Journal of Law and Social Policy

Collects papers presented at the Symposium in 2011 celebrating forty years of clinical legal education at Osgoode Hall Law School.


The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron Jan 2014

The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron

Journal of Law and Social Policy

In this article the author argues that the University of Toronto’s Emergency Team (E-Team)—a student pilot project created to assist people facing deportation on short notice—provided a critical service to its clients and gave its student members a unique opportunity to learn real-world legal skills. The first part of this article reviews the project’s outcomes and concludes that it was a success: the E-Team won nine of its ten cases, and its members credit the project both with teaching them crucial legal competencies that they did not encounter elsewhere and with fostering their passion for social justice law. The second …


Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt Jan 2014

Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt

Journal of Law and Social Policy

Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors' teaching and practice. …


Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet Jan 2014

Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet

Journal of Law and Social Policy

The purpose of this paper is to examine the importance of self-care and stress management in the legal profession, specifically within the context of clinical legal education. Studies have shown that the legal profession exhibits one of the highest rates of mental health and addiction issues. In proactively addressing the importance of self-care and stress management amongst students, clinical legal educational programs can become a part of the solution. Using the student experience at Parkdale Community Legal Services, and drawing from other student legal clinics across Canada and the United States, several recommendations around self-care and stress management training in …


Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster Jan 2014

Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster

Journal of Law and Social Policy

The Monash-Oakleigh Legal Service (MOLS) is a community legal service affiliated with Monash University, Melbourne, Australia, and partly funded by Victoria Legal Aid. MOLS deals with a range of legal matters, including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and bankruptcy issues. In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. This paper describes some of the mechanics of how the MDC operates, including how students are assessed and supervised. It also …


The Role Of Technology In The Provision Of Poverty Law Services, Lenny Abramowicz Jan 2014

The Role Of Technology In The Provision Of Poverty Law Services, Lenny Abramowicz

Journal of Law and Social Policy

Provides a cross-jurisdictional examination of how technology has been used in legal aid and community legal clinics and questions whether technology has become the tool or the master in the provision of legal aid services. Explores whether technology is playing a positive or negative role in community legal aid clinics by examining the purpose and work of community clinics, and how technology can help or impede the realization of that purpose.


Teaching Cultural Competency In Legal Clinics, Cynthia Pay Jan 2014

Teaching Cultural Competency In Legal Clinics, Cynthia Pay

Journal of Law and Social Policy

Aims to identify various models of cultural competency training, and to reflect on ways to appropriately and effectively address this subject in a clinical legal education setting.


Conceptualizing Reflective Practice For Legal Professionals, Michele Leering Jan 2014

Conceptualizing Reflective Practice For Legal Professionals, Michele Leering

Journal of Law and Social Policy

This article examines the meaning, purpose, and promise of reflective practice in the context of the legal profession and at this critical juncture in the profession’s history. The imperatives for enhancing the reflective capacity of the profession are explored and the benefits of endorsing reflective practice as a core professional competency are reviewed. Reporting on a portion of an action research project designed to encourage reflective practice in a Canadian law school, the author synthesizes the results of a review of reflective practice literature, largely drawn from other professions, with the results of qualitative interviews with eight professors from the …


Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway Jan 2014

Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway

Journal of Law and Social Policy

Explores methods of bringing stories of victims of human rights abuses to the international human rights bodies that conduct periodic reviews of country compliance with international human rights instruments. The project involved law students and community legal workers looking at innovative ways to use internet technologies to enhance and strengthen non-government (NGO) reports to UN Committees involved in monitoring Canada’s compliance with our international legal obligations.


The Black Vigilance Movement In Nineteenth Century New York City, Jamila Shabazz Brathwaite Jan 2014

The Black Vigilance Movement In Nineteenth Century New York City, Jamila Shabazz Brathwaite

Dissertations and Theses

No abstract provided.


Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry Jan 2014

Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Fordham Law Review

When considering the proper scope of the U.S. legal profession’s monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know—and do not know—about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledge on this topic is relatively undeveloped, that the scope of the U.S. legal profession’s monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the “conventional wisdom” may …


The Plausibility Of A Slippery Slope: Guantanamo Bay As An Example Of Direct/Indirect Participation In Torture And The Corruption Of Societal Morality, Dominique T N Greene-Sanders Jan 2014

The Plausibility Of A Slippery Slope: Guantanamo Bay As An Example Of Direct/Indirect Participation In Torture And The Corruption Of Societal Morality, Dominique T N Greene-Sanders

UNF Graduate Theses and Dissertations

Although torture is considered universally reprehensible by law, including international law and human convention, it occurs routinely as an acceptable and efficient method for interrogation and intimidation. The questions that follow are: What kind of person engages in/commits acts of torture? If legalized, how would torture affect morality when an individual can be instrumentally utilized as a mere means-to-an-end? How does torture affect the victim, the torturer, and society as a whole? In order to answer these questions, I will use events at the Guantanamo Bay Detention Center to argue in favor of the plausibility for the concept of a …


Behavioral And Mental Health In Nevada, David Caloiaro, Luana Ritch Jan 2014

Behavioral And Mental Health In Nevada, David Caloiaro, Luana Ritch

Social Health of Nevada Reports

Until recently, the Nevada Division of Mental Health and Developmental Services (MHDS) was the public provider of mental health, substance abuse and developmental services. On July 1, 2013, the delivery of the mental health, substance abuse and developmental services in Nevada was restructured on several levels. With this reorganization, Developmental Services for persons with intellectual disabilities was transitioned into the Aging and Disability Services Division (ADSD), while mental health and substance abuse services were integrated to become Behavioral Health. Behavioral Health was then merged with the public health from the State Health Division to form the new Division of Public …


The University Of Tennessee College Of Law's Business Law Clinic Continues To Make An Impact For Students, Clients, And The Community, Michael R. Crowder Jan 2014

The University Of Tennessee College Of Law's Business Law Clinic Continues To Make An Impact For Students, Clients, And The Community, Michael R. Crowder

Transactions: The Tennessee Journal of Business Law

In 1992, the American Bar Association published a report entitled Legal Education and Professional Development – An Educational Consortium (commonly known as the MacCrate Report), and in 2007, the Carnegie Foundation published a report entitled Educating Lawyers: Preparation for the Profession of Law, (known as the Carnegie Report). Both reports made suggestions for improving the immediate usefulness of legal education, and, although published fifteen years apart, both reports essentially advocated the same thing: that legal education should place more of an emphasis on practical skills training in order to increase its usefulness to law graduates and their employers. The disconnect …


Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Shelley Dunck, Brian Krumm Jan 2014

Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Shelley Dunck, Brian Krumm

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Entrepreneurial Law Programs And Legal Needs, Richard Benham, Elizabeth Farrell-Clifford, Steve Black, Jason Gordon Jan 2014

Entrepreneurial Law Programs And Legal Needs, Richard Benham, Elizabeth Farrell-Clifford, Steve Black, Jason Gordon

Transactions: The Tennessee Journal of Business Law

No abstract provided.