Digital Commons Network^™

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

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

No abstract provided.

Title Vii’S Last Harrah: Can Discrimination Be Plausibly Pled?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Examining The Narcissism Trend In Generation Y Through Digital Narrative Film, Joshua Ingle

Electronic Theses and Dissertations

This thesis presents an account of the making of 15 Minutes of Faye, a microbudget feature-length film created in partial fulfillment of the requirements for the degree of Master of Fine Arts in Film and Digital Media at the University of Central Florida. It chronicles the motivation behind the creation of the film, the entire creation process, plans for its distribution, and reflections on lessons learned during the creation process. The film itself was designed to challenge its viewers with the gross self-absorption of its fame-seeking protagonist, in order to promote public discourse about Generation Y's sense of entitlement, which …

Legal Aid And Access To Justice In England And India, Andrew Higgins

National Law School of India Review

No abstract provided.

Dysfunction In Contract Drafting: The Causes And A Cure, Kenneth A. Adams

Transactions: The Tennessee Journal of Business Law

The primary task in empirical research is describing the characteristics of whatever it is you’re researching, but usually you also attempt to explain your findings. The skills required for the former task differ from those required for the latter, so it’s not unusual that explanations offered by those who undertake research are superseded by better explanations subsequently offered by others.

That comes to mind on reading The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design, by Mitu Gulati, a professor at Duke Law School, and Robert E. Scott, a professor at Columbia Law School. It …

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Emergence Of Group And Prepaid Legal Services: Embracing A New Reality, Jeremy Bryant Tomes

Transactions: The Tennessee Journal of Business Law

This essay analyzes the group and prepaid legal services industry and how regulatory mechanisms must change in order to create a conducive environment that will foster the necessary innovation to allow this industry to continue to thrive. Group and prepaid legal services continue to face regulatory obstacles that hinder necessary innovation in the industry. The tortured history of the group and prepaid legal services industry is well documented and highlights the issues that the current legal landscape still faces. As this essay demonstrates, it is beneficial to analyze the current state of regulations and rules governing group and prepaid legal …

Guestworkers In Postwar America: A New History, Kunal Parker

Articles

No abstract provided.

Silence Is Golden ... Except In Health Care Philanthropy, Stacey A. Tovino

Faculty Articles

No abstract provided.

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Faculty Articles

No abstract provided.

Establishing Canada's First Integrated Domestic Violence Court: Exploring Process, Outcomes, And Lessons Learned, Rachel Birnbaum, Nicholas Bala, Peter Jaffe

Canadian Journal of Family Law

The establishment of domestic violence courts has resulted in significant improvements in responses to family violence, but these courts have generally dealt only with criminal cases and do not address the risks that the victim and children may face in family proceedings. In some locations in the USA, courts have been established to deal with both criminal and family proceedings that arise from a domestic violence situation. This paper describes and analyzes the establishment of the first court in Canada that hears both criminal and family cases concerning families where there are domestic violence issues. The authors report on a …

A Relational Model Of Family Lawyering: Exploring The Potential For Education, Practice, And Research, Jill Howieson, Lynn Priddis

Canadian Journal of Family Law

This article responds to what seems to be a "hot" millennium topic in the family law environment—namely the nature of the relationship between the family lawyer and the client. It proposes a model of family lawyering that puts the relationship with the client explicitly in the foreground of the process and suggests a research regime that could investigate the merits of the model. The authors refer to the model as a "relational model of family lawyering." The model involves family lawyers working within a partnering framework that incorporates attention to the relational aspects of the process, and in particular, to …

International Procurement, Steven D. Tibbets, Martin G. Masse, Kristina Dahmann, Brenda C. Swick

The International Lawyer

No abstract provided.

The Integrity Commission Of Trinidad & Tobago V. Google, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Facebook V. Dla Piper, New York Supreme Court

Historical and Topical Legal Documents

No abstract provided.

Saponaro V. Grindr, New Jersey Superior Court

Historical and Topical Legal Documents

No abstract provided.

Hilton Head Island Development Company V. Dubois, United States District Court For The District Of South Carolina

Historical and Topical Legal Documents

Memorandum of Law in Support of Defendants' Motion to Dismiss Amended Complaint

Defeating A Wolf Clad As A Wolf: Formalism And Functionalism In Separation-Of-Powers Suits Against The Consumer Financial Protection Bureau, Lee A. Deneen

Georgia Law Review

In 2010, the Court decided Free Enterprise Fund, engaging in a substantially formalist analysis of the President's removal power. That same year, Congress authorized creation of the Consumer Financial Protection Bureau, a federal agency with significant regulatory and enforcement power over the consumer finance industry. Within three years of that legislation, two lawsuits have challenged the CFPB's structure. This Note evaluates the arguments of the CFPB's opponents against the backdrop of Free Enterprise Fund and the Roberts Court's other formalist decisions. Although one might expect complaints against the CFPB to be lodged solely in formalist terms, the CFPB's opponents have …

Give Ghosts A Chance: Why Federal Courts Should Cease Sanctioning Every Legal Ghostwriter, Blake G. Tanase

Georgia Law Review

For decades, federal judges have punished attorneys who draft documents for pro se litigants. Meanwhile, many states and the American Bar Association have come to accept this practice as beneficial for low-income litigants and the legal system at large. The Second Circuit recently broke from the federal tradition and found that an attorney's so-called "ghostwriting"of litigation documents for pro se litigants was not sanctionable conduct. That court noted the changes taking place at the state level and rejected other federal courts' justifications for sanctioning legal ghostwriting, but did not elaborate as to why legal ghostwriting should be considered acceptable attorney …

If You Can't Trust Your Lawyer, Who Can You Trust?: Why Conflicts Of Interest And Client Loyalty Require An Exception To The Intra-Firm Attorney-Client Privilege For Current Clients, Lindsey B. Sciavicco

Georgia Law Review

Until 2013, no court of last resort had ever addressed the issue of whether the attorney-client privilege shields communications between law firms and their in-house counsel regarding the potential liability to a current client. In that year, the Supreme Courts of Georgia and Massachusetts held that an intra-firm attorney-client privilege could shield such communications from discovery by a current client in a malpractice suit brought against the firm. Shortly after these holdings, the American Bar Association (ABA) adopted a resolution similarly advocating for courts to apply the attorney-client privilege to the intra-firm context. This Note contends that the recent case …

Changing The Way Adult Convictions Are Vacated In Washington State, Dash Dejarnatt

Seattle Journal for Social Justice

No abstract provided.

Subprime Scriveners, Milan Markovic

Kentucky Law Journal

Although mortgage-backed securities ("MBS") and other financial products that nearly caused the collapse of the global financial system could not have been issued without attorneys, the legal profession's role in the financial crisis has received relatively little scrutiny.

This Article focuses on lawyers' preparation of MBS offering documents that misrepresented the lending practices of mortgage loan originators. While attorneys may not have known that many MBS would become toxic, they lacked incentives to inquire into the shoddy lending practices of prominent originators, such as Washington Mutual Bank ('WaMu"), when they and their clients were reaping considerable profits from MBS offerings. …

Additional Time To Move Is Not The Issue With (Im)Mobile Homes: Why North Carolina Needs Statutory Reform To Provide The Mobile Home Owner-Tenant With Adequate Security Of Tenure And Security Of Investment, Chad T. Anderson

North Carolina Law Review

No abstract provided.

Embracing "Choice" And Abandoning The Ballot: Lessons From Berkeley's Popular Defeat Of Sit-Lie, Courtney Oxsen

UC Law SF Journal on Gender and Justice

In November 2012, Berkeley voters defeated Measure S, an ordinance that would have made it illegal to sit down in Berkeley's commercial districts during most of the day, a so-called "sit-lie" law. Sit-lie laws have become increasingly prevalent nationwide as a means to combat the presence of homeless individuals in downtown areas, ever since Seattle's sit-lie regulation was upheld by the Ninth Circuit Court of Appeals in 1996. Debate over the efficacy and constitutionality of sit-lie laws has been fierce nationally and in individual localities. Proponents of the measure say sit-lie laws are a necessary tool for law enforcement to …

William Mitchell College Of Law's Hybrid Program For J.D. Study: Answering The Call For Innovation, Eric S. Janus, Gregory M. Duhl, Simon Canick

Faculty Scholarship

In January 2015, William Mitchell College of Law will launch the first American Bar Association (ABA)-approved, on-campus/ online J.D. program to further the college's mission: to provide accessible, experiential, rigorous training for tomorrow's lawyers. Known as the hybrid program, it will offer a legal education to talented, hard-working students who cannot access a traditional J.D. program because of location or family or work commitments. In this article, we explain the origins and pedagogical foundations of the program, as well as give an overview of the program.

Balancing Between Two Worlds: A Dakota Woman’S Reflections On Being A Law Professor, Angelique Eaglewoman

Faculty Scholarship

There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to time immemorial. I feel that I am part of an unfolding history of endurance, strong Native women, and a participant in sustaining our traditional Native ways. On the other hand, there is the non-Indian world, where I often …

Preliminary Thoughts On An Attorney-Client Privilege For Law Firms: When A Current Client Threatens To Sue The Firm For Malpractice, Does The Privilege Apply To The Firm's Consultation With In-House Counsel About The Potential Claim?, Edward J. Imwinkelried

Valparaiso University Law Review

No abstract provided.

Martin Luther King Jr.'S Lessons For Lawyers In A Time Of Market Disruption, Robert K. Vischer

Valparaiso University Law Review

No abstract provided.

Planting The Seeds And Getting Into The Field: The Role Of Law Schools In Ensuring Access To Justice In Rural Communities, Robin Runge, Christyne J. Vachon

South Dakota Law Review

No abstract provided.

A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The law of wills, trusts, and estates could benefit from consideration of its development and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgender individuals; low-income and poor individuals; the disabled; and nontraditional families. One can measure the law's commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors' rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This Article …