Digital Commons Network^™

Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard

Articles

No abstract provided.

Overstepping Ethical Boundaries? Limitations On State Efforts To Provide Access To Justice In Family Courts, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Family law courts in America are overwhelmed with self-represented parties who try their best to navigate an unfamiliar territory laden with procedural and evidentiary rules. Efforts to level the playing field in these courts have resulted in state entities and judges taking on roles that previously belonged to attorneys. State supreme court judges and state agencies draft and promulgate family law forms, such as divorce pleadings and paternity acknowledgments, to provide poor citizens access to justice. While these efforts have resulted in positive outcomes for some families, reliance on the state’s imprimatur has caused significant harm to others. Upon closer …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Articles

No abstract provided.

Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano

Articles

Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be …

The Free Labor Standards Act? A Look At The Ongoing Discussion Regarding Unpaid Legal Internships And Externships, Lauren K. Knight

University of Baltimore Law Review

No abstract provided.

The Compensation Myth And U.C.C. Section 2-713, David Frisch

Law Faculty Publications

This article seeks to bring greater discipline to the analysis of market damages by probing two basic assumptions that are routinely made in discussions of section 2-713: (1) that overcompensation concerns justify judicial interference with the buyer's choice of remedy; and (2) that the relevant market price, in all cases, is the market price that the aggrieved buyer would be required to pay if she wished to make a substitute purchase of goods elsewhere.

Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges

Law Faculty Publications

This Article analyzes the possibility of creating a program to provide representation to workers bound to arbitrate their legal disputes with their employers, while at the same time building a movement to challenge the practice of compulsory arbitration and its impact on workers' rights. First, I briefly review the Supreme Court's recent arbitration jurisprudence and its impact on workers, with a particular focus on the limitations on class actions. Then I move to a discussion of the advantages and challenges to the creation of such a program. Finally, I examine some alternative visions of what such a program might look …

The Attorney-Client Relationship In The Age Of Technology, Grace M. Giesel

MC Law Review

No abstract provided.

Index To The House Journal State Of Colorado: Sixty-Ninth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Journal Of The Senate State Of Colorado: Sixty-Ninth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Journal Of The House Of Representatives State Of Colorado: Sixty-Ninth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Fixing Our Third World Access To Justice Problem, Keith A. Call

Utah OnLaw: The Utah Law Review Online Supplement

America has a serious access to justice problem. According to one survey, the United States ranks in the bottom third of world nations when it comes to providing affordable access to civil justice. We need to change this.

This Article briefly reviews the access to justice problem. It then provides some specific steps individual lawyers can take to help remedy this problem.

Town Of Middleton Annual Report., Middleton Town Representatives

Middleton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

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

Cardozo Journal of Conflict Resolution

This Article summarizes the views of respected lawyers about how they negotiate, which were collected as described in Part II. Part III recommends that lawyers develop a strategic approach to negotiation, including general negotiation goals and plans to negotiate at the earliest appropriate time. Part IV outlines recommendations for lawyers to take charge of their cases from the outset, including getting a clear understanding of clients' interests, developing good relationships with counterpart lawyers, carefully investigating the cases, making strategic decisions about timing, and enlisting mediators and courts when needed. Part V provides two general suggestions for improving the quality of …

Constructive Unamendability In Canada And The United States, Richard Albert

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Democratic constitutions often entrench provisions against formal amendment. For example, republicanism is formally unamendable in Italy, as is federalism in Germany, political pluralism in Portugal and secularism in Turkey. Neither the Canadian Constitution nor the United States Constitution entrenches a similar form of formal unamendability, but both entrench a peculiar form of unamendability that results not from constitutional design or constitutional law but from constitutional politics. Constructive unamendability derives from a political climate that makes it practically unlikely, though not the oretically impossible, to meet the high thresholds the constitution sets for formal amendment unless constitutional politics somehow perform heroics. …

Preparing Law Students To Become Litigators In The New Legal Landscape, Paul Radvany

Faculty Scholarship

The legal world has undergone rapid change over the past few years and law schools and law students are in the midst of adjusting to this new legal landscape. Employers increasingly want to hire students who are ready to practice. As a law student, I participated in an externship, simulation classes, and an in-house, live-client litigation clinic; as a professor, I have taught all three types of classes. 1 My experience, first as a law student, then as a litigator, and now as a professor, has taught me the importance and educational value of experiential learning in helping law students …

Renewing The "Social Contract" Between Law Schools, Lawyers, And Society, Robert W. Adler

Utah OnLaw: The Utah Law Review Online Supplement

A brief perspective essay on the "twin crises"--underemployed lawyers and underserved clients.

The Agony Of Modern Legal Ethics, 1970–1985, Michael S. Ariens

Faculty Articles

When the American Bar Association (ABA) adopted its Code of Professional Responsibility at its annual meeting in August 1969, the American legal profession was a publicly respected and economically vibrant body. Lawyers, though always more feared than loved, became increasingly important in post-World War II America. The demand for their services exploded for a quarter-century, and lawyers assumed an increased role in the economic and political life of the United States. During the 1950s and early 1960s, the Cold War led American lawyers and other public figures to re-emphasize the rule of law as defining the difference between the United …

The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard

Faculty Articles

Lawyers in the United States work in public service, private counseling, and dispute resolution, but many also work outside of traditional legal practice. The million-member American bar, second largest in the world, grows more diverse by gender, and ethnicity and older on average. All members of this learned profession must qualify by education or examination and by proof of good character and fitness before taking an oath to serve as an attorney. Thence, there are few limitations on the form of legal practice, though many law firms require an associateship before an attorney becomes an owner of the firm. Economic …

Quality Of Life, Perceptions Of Change, And Psychological Well-Being Of The Elderly Population In Small Rural Towns In The Midwest, Rodrigo Cantarero, James J. Potter

Architecture Program: Faculty Scholarly and Creative Activity

This study examines the quality of life of the elderly residents of two rural Nebraska towns, both having experienced a large increase in population. The study examines how the residents’ perception of changes in the community affect their view of quality of life, and identifies determinants of psy-chological well-being for these elderly residents. The results are compared to the non-elderly resi-dents of these two communities for purposes of contrast. A face-to-face survey of the residents addressed physical, social/cultural, economic, and service issues. Both correlation and regression were used to analyze the data. The quality of life of the elderly residents …

Concerning Implementation Of Recommendations Of The Committee On Legal Services In Connection With Legislative Review Of Rules And Regulations Of State Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Experiential Education And Our Divided Campuses, Margaret E. Reuter, Joanne M. Ingham

Faculty Works

The Carnegie education masters, legal employers, and the ABA have appealed for more experiential teaching in law schools. The time is now; every school will soon have to provide at least 6 credits of clinic, field placement, and skills courses for each of their students according to the ABA’s most recent amendments to the Standards for Approval of Law Schools. Many educators and commentators proclaim the successes of the experiential courses to date, and assume that our current offerings just have to be expanded to accommodate the influx of students. However examination of the nature of the experiential coursework of …

Adapting To Change In The Legal Profession, Janet Levit, Valerie K. Couch, Joseph Harroz Jr.

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Being A Leader In The Law: Reflections On Meeting The Responsibilities Of The Legal Profession, Curtis M. Jensen, Gregory H. Gunn

Utah OnLaw: The Utah Law Review Online Supplement

The practice of law has changed and, in the words of Yogi Berra, “[t]he future ain’t what it used to be.” Not too long ago, lawyers were the sole source from which nonlawyers could access legal information and services. With a strong economy and a demand for legal services, legal practices were growing. All indicators seemed to point to the continuation of a strong legal market.

However, the practice of law has evolved. The line between professions has blurred, the economy has changed, and technological advances have resulted in greater public access to legal information. Public perception of the legal …

Challenges Faced By Hearing Impaired Adolescent Schoolgirls In Western Kenya: The Need For School Leadership To Respond., Miriam Makungu Makokha

Master of Education

While many countries have made progress towards achieving equality in education among the Hearing Impaired (HI), HI adolescent schoolgirls in Kenya continue to face many obstacles that impede their path to learning. They experience double discrimination based on their gender and disability. These concerns are complicated by the fact that few strong, positive and successful female HI role models exist within their communities and at school. While a number of studies have been conducted to investigate HI girls’ challenges in schools, very little is known about how school leadership addresses these challenges especially in the Kenyan context. This research therefore …

The U.S. Supreme Court's Failure To Fix Plea Bargaining: The Impact Of Lafler And Frye, Cynthia Alkon

UC Law Constitutional Quarterly

Virtually every criminal conviction in the United States is the result of a guilty plea, not a jury trial. Yet it was not until 2012, in the companion cases of Lafler v. Cooper and Missouri v. Frye, that the U.S. Supreme Court recognized a defendant's constitutional right to effective assistance of counsel during plea bargaining. Legal commentators suggested that these cases were "the single greatest revolution in the criminal justice process since Gideon v. Wainwright." But will things really improve for defendants in the wake of Lafler and Frye? The simple answer is: "No." Lafler and Frye will not bring …

The New Jim Crow - Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

UC Law Constitutional Quarterly

This Article revisits the claim that mass incarceration constitutes a new form of racial segregation, or Jim Crow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the "new" and "old" Jim Crows, namely the debt that each owe to progressive and/or liberal politics. In a manner that scholars like Michelle Alexander forget, both racial segregation and mass incarceration owe their existence in part to discourses of reform aimed at promoting black interests, albeit with perverse results. Recognizing the aspirational origins of such systems helps to better explain how they came into being, …

Regulating Electronic Legal Support Across State And National Boundaries, Cassandra Burke Robertson

Faculty Publications

Technology and globalization are changing the practice of law and creating new challenges for lawyer regulation. Middle-class litigants who struggle to afford legal services — but are comfortable using online resources — are increasingly seeking and finding legal support online. State and national boundaries dissolve in the online marketplace, making it easy for attorneys to provide services to litigants in other jurisdictions. Differences in national economies make it cost effective for both clients and lawyers to engage in transnational practice, so that attorneys in India and other jurisdictions can offer legal support and advice to American litigants for as little …

Market Access And National Treatment In China--Electronic Payment Services: An Illustration Of The Structural And Interpretive Problems In Gats, Rachel Block

Chicago Journal of International Law

The General Agreement on Trade in Services (GATS) has proved to be a less effective and more problematic instrument than hoped for at its enactment nearly twenty years ago. A recent case brought by the United States, China-Electronic Payment Services, illustrates a number of the problems, such as the uncertain definition and scope of sectors listed in Members' schedules of liberalization commitments. The Panel Report also shows the unique challenges of crafting a test and setting an evidentiary burden for establishing a state-driven monopoly when the industry has natural-monopoly characteristics-which are typical of many tradable services like telecommunications and payment …

Substituted Compliance And Systemic Risk: How To Make A Global Market In Derivatives Regulation, Sean J. Griffith

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.