Digital Commons Network^™

First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins

Tulsa Law Review

No abstract provided.

A Canadian Model Of Corporate Governance, Carol Liao

Dalhousie Law Journal

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. These conflicting theoretical positions have enriched the dialogue on the current environment of Canadian corporate governance. This qualitative study brings together some of Canada's …

Skill, Dumb Luck, And The Legal Ambiguity Of North Carolina Sweepstakes Law: Why Municipal Ordinances And Not State Statutes Should Provide The Framework For Regulating Illegal Gambling, Cory H. Howard

UNLV Gaming Law Journal

No abstract provided.

A University Campus Gone Glocal: From The Global Exchange To The Experiences Of The Local, Linda Stevenson, Marcos Campillo-Fenoll

Political Science Faculty Publications

No abstract provided.

A Surprise: Montana's Mental Health Provider Privileges, Or Lack Thereof, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.

Miller'S Promise: Re-Evaluating Extreme Criminal Sentences For Children, Nick Straley

Washington Law Review

Scientific, legal, and societal notions about youth have come together to reaffirm an age-old concept—children are different and they change as they grow older. In recent decisions, the United States Supreme Court has required courts and legislatures to take a new look at extreme criminal sentences imposed upon children. Life without parole sentences and decades-long, determinate sentences are constitutionally suspect when applied to children because they fail to adequately account for the dynamism of youth. Miller v. Alabama and Graham v. Florida announced two important principles: (1) that an extreme sentence can only be imposed upon a child following an …

Good Pretrial Lawyering: Planning To Get To Yes Sooner, Cheaper, And Better, John M. Lande

Faculty Publications

Although the ostensible purpose for pretrial litigation is to prepare for trial, such preparation is inextricably intertwined with negotiation because the expected trial outcome is a major factor affecting negotiation. Indeed, since most litigated cases are settled, good litigators prepare for negotiation at least as much as trial. The lawyers interviewed for this article, who were selected because of their good reputations, described how they prepare for both possibilities. They recommend taking charge of their cases from the outset, which includes getting a clear understanding of clients and their interests, developing good relationships with counterpart lawyers, carefully investigating the cases, …

The Osgoode Brief (Fall 2014), Osgoode Hall Law School Of York University

The Osgoode Brief

No abstract provided.

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Labor Studies Faculty Publication Series

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …

A Tribute To Vincent L. Mckusick, 1921—2014, Derek P. Langhauser

The Journal of Appellate Practice and Process

No abstract provided.

William H. Bowen: A Tribute, Lynn Foster, Joel E. Anderson, Byron M. Eiseman, John Gill, Chuck Goldner, Kenneth S. Gould, Charles E. Hathaway, James L."Skip" Rutherford, Bill Clinton

University of Arkansas at Little Rock Law Review

No abstract provided.

Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda

Indiana Law Journal

Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.

Youth Transitions Advisory Council Annual Report 2014, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Our Day Has Finally Come: Domestic Worker Organizing In New York City, Harmony Goldberg

Dissertations, Theses, and Capstone Projects

This dissertation tells the story of Domestic Workers United (DWU), an organization of Latina and Caribbean nannies, housecleaners and elder care providers based in New York City. I trace DWU's efforts from its campaign to win basic employment protections for domestic workers in New York State through its efforts to enforce those new rights and to raise working standards above the minimum.

The driving motivation behind this work is the search for new paradigms for worker organizing that respond to the political and economic challenges of our times. I argue that domestic workers and other low-wage workers of color are …

Employers Know Best? The Application Of Workplace Restraining Orders To Domestic Violence Cases, Njeri Mathis Rutledge

Loyola of Los Angeles Law Review

Domestic violence is often thought of as a private matter that occurs within the home. But when domestic violence impacts the workplace, employers are faced with a difficult choice: they must consider employee productivity and safety, as well as company finances, while also balancing the safety and needs of the domestic violence victim. Ultimately, employers may turn to workplace restraining orders to protect their employees from an abuser. Sometimes, employers consult the victim of domestic violence before seeking a restraining order; other times, employers do not. This Article addresses workplace restraining order legislation and argues that states should adopt a …

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

Faculty Scholarship

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.

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …

The Daily Gamecock, Wednesday, October 1, 2014, University Of South Carolina, Office Of Student Media

October

No abstract provided.

2014 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Clinics News, page 14

Faculty Briefs, page 15

A Conversation with the New Vice Dean, page 20

Game On, page 22

Life in the Box, page 38

Richard Weisberg, page 44

Conviction, page 50

Global Lawyering, page 56

Student Briefs, page 60

Alumni News & Class Notes, page 64

Advancement News, page 74

In Memoriam, page 79

End Note, page 80

The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn

Dalhousie Law Journal

The question of whether Canadian lawyers ought to be trusted to govern themselves has been repeatedly raised by the public, policy-makers and the academy over the past several decades. The legal profession has responded on a number of fronts, adopting what has been characterized as a "regime of defensive self-regulation." The analysis in this article complements and complicates this account by arguing that, alongside the profession's efforts at defensive self-regulation, there has been a steady stream of aggressive judicial regulation. The central argument of this article is two-fold: first, that courts have come to occupy an increasingly active role as …

Lost In The Weeds Of Pot Law: The Role Of Legal Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull

Dickinson Law Review (1908-2003)

Every day attorneys face ethical dilemmas in trying to meet client needs while complying with professional rules of conduct. Perhaps nowhere is the risk of violating ethics rules more apparent than in states that have diverged from federal drug policy on marijuana. Attorneys currently engaged in marijuana-related counseling may violate federal law even where their actions are otherwise legal under state law. Changes in public opinion regarding the legality of marijuana that are driving some states to legalize or decriminalize certain marijuana-related activities provide no basis for attorneys to breach the covenant they have made with the public to uphold …

Maine Law Magazine - Issue No. 90, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• Justice for Women
  Sima Samar on the situation in Afghanistan
• Clinical practice
  A life-changing event helping a young immigrant
• Tackling bankruptcy
  Professor Lois R. Lupica’s groundbreaking research
• D.C. connection
  Maine Law’s deep Washington roots
• Parents in Law
  Students balance studies and children
• Student spotlight
  Why Maine Law? Two students tell their stories

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Praise of Thinking Like a Lawyer (James R. Rasband)
• Choices (Guido Calabresi)
• Be Not Afraid of Greatness (Allison Belnap)
• Marriage, Family Law, and the Temple (Elder Bruce C. Hafen)
• Lamentation (Arta Romney Ballif)

2013-2014 Annual Report, William & Mary Law School

Annual Report

No abstract provided.

Welcome From The President In Program For Scla Conference 2014, “Unbound”, Edward J. Rock

Publications

SCLA 2014 Conference program welcome from SCLA President, Ed Rock. Program describes the scope of the 2014 conference of the South Carolina Library Association (SCLA). Includes titles of conference sessions, names of presenters, descriptions of topics and list of sponsors and exhibitors, as well as the overall conference program including keynote speakers Ed Madden, University of South Carolina Poet/Professor; George Needham, OCLC; and Sanford Greene, Illustrator/Author.

Uwlaw, Fall 2014, Vol. 68

Alumni Magazines

No abstract provided.

Case Global: A Growing Presence, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 6, #1 (2014)

• A Growing Presence
• Alum Is Appointed UN Special Representative for Darfur
• Case Global Talk Radio celebrates its second year on the air
• New Curriculum: Sequence to Success
• Case Western Reserve expands human rights program, adds clinic
• Alum leaders in the spotlight
• Case Western Reserve law students intern around the world
• Recent Graduate Profiles
• International Law Faculty Updates

Dream Vignettes, Richard Chused

Articles & Chapters

No abstract provided.

Auctioning Class Settlements, Jay Tidmarsh

William & Mary Law Review

Although class actions promise better deterrence at a lower cost, they are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class—the class representative and class counsel—advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class action reform proposals.

This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea is …

Auctioning Class Settlements, Jay Tidmarsh

Journal Articles

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals. This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea …