Digital Commons Network^™

Avoiding Misrepresentation In Informal Social Media Discovery, Agnieszka Mcpeak

SMU Science and Technology Law Review

No abstract provided.

Remarks On The 2014 Rural Practice Symposium: Indian Country & Rural South Dakota, Leroy J. R. Laplante

South Dakota Law Review

No abstract provided.

Justice For Sale': An Empirical Examination Of The Attitudes Of Criminal Defence Lawyers Towards Legal Aid Reform, Tom Smith

The Plymouth Law and Criminal Justice Review

This article discusses empirical fieldwork undertaken at the 'Justice For Sale' meeting of criminal defence lawyers, in May 2013. The fieldwork aimed to explore the views of defence lawyers in relation to the ongoing programme of reforms in their area of practice – particularly those launched by the 'Transforming Legal Aid' consultation in April 2013. Combining quantitative and qualitative methods, the fieldwork asked respondents about price-competitive tendering (PCT), client choice, QASA, direct action, their relationship with the Government and the impact the reforms would have on the service provided to suspects and defendants. The article examines the data collected and …

Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer

All Faculty Scholarship

Recent events raise the question of whether two near-failures in what scholars call the "Fiscal Constitution" may plunge the government into paralysis or chaos. In October 2013, a lapse in congressional appropriations shut the government down for two weeks. The shutdown furloughed hundreds of thousands of federal employees. It caused some agencies, such as the Internal Revenue Service ("IRS"), virtually to close their doors and to curtail their services.

Simultaneously, and potentially even more devastating, the House of Representatives (alternatively "House") firmly refused during an extremely tense countdown to raise the statutory debt ceiling of the government. When the government …

Clinical Legal Education: A (Brief) Comparison Of The Evolving Structures And Pedagogy In Mexico, Canada And The United States, Elizabeth Keyes, David C. Koelsch, Alejandro Posadas

All Faculty Scholarship

This Article highlights the development and current state of clinical legal education in Canada, the United States, and Mexico, and examines recent trends in clinical legal education in each country. This is a timely topic. Canadian clinics and, in particular, Ontario-based law school affiliated clinics are grappling with recently-imposed post-graduation alternatives to traditional articling practices, while Canadian law schools are examining whether additional experiential courses should be offered to law students. U.S. law schools face difficult choices with respect to clinical education in light of sustained lower enrollments and resulting adjusted budget realities, as well as the pressures of meeting …

Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Panel 2: Juveniles In Solitary Confinement: Rehabilitation Or Torture?, Amy Fettig, Ian Kysel, Cynthia Soohoo, Homer Venters, Michael Corradini

Cardozo Journal of Equal Rights & Social Justice

Symposium: Life in the Box: Youth in Solitary Confinement

Shifting The Lens: A Primer For Incorporating Social Work Theory And Practice To Improve Outcomes For Clients With Mental Health Issues And Law Students Who Represent Them, Susan Mcgraugh, Carrie Hagan, Lauren Choate

All Faculty Scholarship

This Essay is an effort to promote the inclusion of interdisciplinary practice in our work as attorneys and in our roles as clinical legal professors. As the legal community continues its renewed emphasis on skills training, law schools should look to other professions in order to produce more lasting solutions for our clients and for more satisfactory outcomes for our lawyers. In this Essay, the authors discuss their work incorporating social work theory and practice into clinical legal education when dealing with clients who have serious mental illness. With some studies reporting up to 64.2% of inmates in the United …

“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker

All Faculty Scholarship

This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national …

Do Men Matter? A Current Population Survey Study Of Characteristics Affecting Delayed Fertility, Patrick Mobley

Theses and Dissertations

Fertility research has traditionally assumed male fertility behavior was constant, overlooking the role of male economic factors, due largely to data restrictions. I use three models to analyze separate perspectives of data from the 2011 - 2013 Annual Social and Economic Supplement (ASEC) of the Current Population Survey (CPS) to determine whether male circumstances have a statistically significant effect on fertility behavior. This paper shows that the assumption that male fertility behavior is constant is invalid. Just like women, men prefer childbearing at certain life stages and will delay to maximize their own utility. Student enrollment has a particularly strong …

The Not-So-New Normal Of The Legal Profession: Facing And Confounding The Odds, Hon. Bernice B. Donald, Gadson W. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua

American University Journal of Gender, Social Policy & the Law

No abstract provided.

An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty

Faculty Scholarship

The authors first met in 2000, and have collaborated in conferences, workshops, and other projects since then. We also represent two sides of an international exchange that has frequently occurred in the past 15 years: a European law teacher who attends training sessions, networks with colleagues from other European universities, learns about American models of clinical education, and possibly receives some outside funding; and an American law teacher who is graciously hosted by Europeans, promotes American models of clinical education, and, one hopes, observes, listens and learns about the European system. We are also experienced teachers within our own universities …

Looking Backward To 1938, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer

Articles & Chapters

In Fisher v. University of Texas at Austin, the United States Supreme Court ruled that colleges and universities could continue to consider race or ethnicity as one of several factors in an admissions policy that seeks to achieve broad diversity goals. To the relief of proponents of race-conscious admissions programs, the Fisher Court affirmed that the 'educational benefits' that flow from a diverse student body are a compelling government interest under strict scrutiny analysis. The Court further upheld the determination that Grutter mandates 'deference to the University’s conclusion, based on its experience and expertise, that a diverse student body would …

'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper considers the intersection between law, humiliation and shame, and how the law has the capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior. The need for new attention to be paid to this question has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the …

North Dakota Bar Speech 2014 Mart Vogel Lecture On Professionalism And Legal Ethics, Lawrence J. Fox

North Dakota Law Review

No abstract provided.

2013-2014 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Annual Report 2013-2014, Office Of Sponsored Programs

Annual Reports

No abstract provided.

Deprivative Recognition, Erez Aloni

All Faculty Publications

Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners — a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, …

Human Capital Accounting, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

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

South Dakota Law Review

No abstract provided.

Osgoode Syllabus Of Courses And Seminars: 2014 - 2015, Office Of Student Services

Syllabi

No abstract provided.

Baker Hughes: Greasing The Wheels In Kazakhstan (Fcpa Violations And Implementation Of A Corporate Ethics And Anti-Corruption Compliance Program, Mark Holtzblatt, Norbert Tschakert

Business Faculty Publications

This case discusses the Foreign Corrupt Practices Act (FCPA) violations of Texas-based Baker Hughes, in connection with its oil service operations in Kazakhstan. You will assume the position of a newly assigned audit committee member who is trying to understand Baker Hughes’ FCPA violations related to its Kazakhstan operations. Your investigation will involve the examination of the SEC court complaint, press releases, government and company publications and 10-K annual reports. Baker Hughes’ FCPA experiences illustrate the corruption risks and difficulties that multinational corporations encounter in conducting international business. The subsequent creation of a new Baker Hughes Code of Conduct, FCPA …

Hiv Infrastructure Study Baton Rouge, Susan S. Reif, Elena Wilson, Carolyn Mcallaster, Casteel Scherger

Faculty Scholarship

No abstract provided.

A Canadian Model Of Corporate Governance, Carol Liao

All Faculty Publications

What is Canada’s actual legal model to govern its corporations? Recent landmark judicial decisions indicate Canada is shifting away from an Anglo-American definition of shareholder primacy. Yet the Canadian securities commissions have become increasingly influential in the governance sphere, and by nature are shareholder-focused. Shareholders’ rights have increased well beyond what was ever contemplated by Canadian corporate laws, and the issue of greater shareholder vs. board control has now become the topic of live debate. The future of Canada's overall model seems to rest on what will be more compelling: the constancy of the corporate statutes and trajectory of the …

Oldest Profession Or Oldest Oppression?: Addressing Prostitution After The Supreme Court Of Canada Decision In Canada V. Bedford, Benjamin Perrin

All Faculty Publications

The future of Canada’s laws related to prostitution has become an urgent public policy issue in the wake of the Supreme Court of Canada decision in Canada (Attorney General) v. Bedford. Three prostitution-related offences in the Criminal Code were found to infringe the Canadian Charter of Rights and Freedoms and are to be struck down, effective within one year. The Court’s decision of December 20, 2013 has spurred a national debate on the issue as Parliament has this limited timeline to adopt any new legislative approach, or else Canada will face the de facto legalization of adult prostitution. Studies have …

The Punishment Agenda In The Courts, Debra Parkes

All Faculty Publications

This paper critically examines the potential of prisoner litigation in Canada to shed light on what U.S. Supreme Court Justice Anthony Kennedy has called “the hidden world of punishment.” It considers whether prisoner’s rights litigation can act as a meaningful legal check on the growing punishment agenda in Canada. The paper begins with a brief description of some aspects of the punishment agenda before moving on to consider case law under the section of the Canadian Charter of Rights and Freedoms which speaks directly to punishment and its limits, the section 12 right to be free from “cruel and unusual …

Litigation Finance In The Public Interest, Jason M. M. Wilson

American University Law Review

No abstract provided.

Economic Empowerment Through Income Generating Activities And Social Mobilization: The Case Of Married Amhara Women Of Wadla Woreda, North Wollo Zone, Ethiopia, Belete Deribie Woldegies

Antioch University Dissertations & Theses

Wadla Woreda is located in North Wollo Zone, Amhara Regional State, Ethiopia. The woreda is predominantly agrarian and the population produces mainly subsistence food crops with small amounts of cash crops. Access to basic social and economic services such as health, education, and employment for rural communities is limited due to poor development of rural infrastructure. Wadla is one of the food insecure woredas in the region. As a result some of the people are internally displaced and a portion of the population is included in safety-net programs. The Wadla Woreda is prone to famine due to severe droughts, soil …