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Articles 961 - 990 of 1259
Full-Text Articles in Entire DC Network
Warren Court And The Constitution (With Special Emphasis On Brown And Loving), The, Akhil Reed Amar
Warren Court And The Constitution (With Special Emphasis On Brown And Loving), The, Akhil Reed Amar
SMU Law Review
No abstract provided.
The National Judge As Eu Judge: Some Constitutional Observations, Allan Rosas
The National Judge As Eu Judge: Some Constitutional Observations, Allan Rosas
SMU Law Review
No abstract provided.
In Honor Of Angela Harris: Finding Breathing Space, Embracing The Contradictions, And "Education Work", Stephanie M. Wildman
In Honor Of Angela Harris: Finding Breathing Space, Embracing The Contradictions, And "Education Work", Stephanie M. Wildman
Faculty Publications
In Honor of Angela Harris: Finding Breathing Space, Embracing the Contradictions, and “Education Work,” serves as a tribute to Angela Harris. This essay explores Harris’ concept of education work, the work that people of color in predominantly white settings must do to maintain their own integrity and to help their white colleagues to build inclusive communities. Part I explores this idea of education work and suggests that whites need to undertake part of the load of this work. Education work by whites provides an opportunity to create allies and to work across racial lines. Part II addresses the idea of …
Constitutional Law—Unauthorized Practice Of Law: Driving Legal Business Without A License, Legalzoom, Inc., And Campbell V. Asbury Automotive, Inc., 2011 Ark. 157, 381 S.W.3d 21., Pierce G. Hunter
University of Arkansas at Little Rock Law Review
No abstract provided.
Theorizing Billable Hours, Theresa M. Beiner
Theorizing Billable Hours, Theresa M. Beiner
Law Faculty Scholarship
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 …
Providing Proper Preparation: Achieving Economic Self-Sufficiency For Foster Youth, Farrah Champagne
Providing Proper Preparation: Achieving Economic Self-Sufficiency For Foster Youth, Farrah Champagne
Labor & Employment Law Forum
No abstract provided.
Contracts: An Introduction To A Symposium And A Few Additional Thoughts, Jennifer S. Martin
Contracts: An Introduction To A Symposium And A Few Additional Thoughts, Jennifer S. Martin
St. Thomas Law Review
On February 21, 2014, the St. Thomas University School of Law opened a symposium entitled simply "Contracts" in conjunction with the Ninth Annual International Conference on Contracts hosted by the School of Law. The decision of the St. Thomas Law Review to sponsor and conduct a symposium on the simple broad reaching topic of contract law with this esteemed group was a natural decision and exciting opportunity. Contract law has long been a foundation study for students and scholars with a rich history and significance to individuals and businesses alike. Significantly, as reflected by Dr. Roni Rosenberg in his essay …
Emergence On Contract Standards And Its Future Impact On Legal Education, Kingsley Martin
Emergence On Contract Standards And Its Future Impact On Legal Education, Kingsley Martin
St. Thomas Law Review
Let me start with a story. It was almost thirty years ago that I graduated from Harvard Law School and joined my first law firm. I distinctly remember my first assignment, which was to draft a credit agreement. Despite my education, I had no clue how to perform the assignment. I had to do it the same way as everyone else, which was to go around the corridors, bang on some doors, get some examples, sit down and start to read them. I have no doubt that my first few attempts and, in all likelihood, years' worth of drafts, were …
Domestic Violence, Homelessness, And The Culture Of Victim Blaming, Sybil Gelin (Class Of 2014)
Domestic Violence, Homelessness, And The Culture Of Victim Blaming, Sybil Gelin (Class Of 2014)
Sociology Undergraduate Publications
Domestic violence is the leading cause of homelessness among women and children. According to a 1997 survey of ten cities in the United States, 57% of homeless families left their homes due to domestic abuse (ACLU, 2008). One of the reasons that victims of domestic violence constitute a significant portion of the homeless population is the “zero tolerance” or “one-strike” policies of landlords. These policies authorize landlords to evict tenants once violence transpires in their residences, regardless of whether the tenant is responsible for or is the victim of domestic abuse. What is more, the adoption and enforcement of these …
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Hofstra Law Review
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 …
Underemployed Attorneys And Underserved Communities: Getting To The Corps Of The Problem, Angela M. Burton
Underemployed Attorneys And Underserved Communities: Getting To The Corps Of The Problem, Angela M. Burton
Hofstra Law Review
The article discusses several issues involving underemployed attorneys and underserved communities in America as of 2014, and it mentions pro se representation and various legal service providers such as Legal Services Corporation, Civic Legal Corps, and New York, New York's Legal Aid Society. The author claims that a glut of unemployed law school graduates in America should be viewed as a resource allocation problem. The Teach For America Inc. social program is also examined.
The Obligations Of High-Income Parents, Margaret Ryznar
The Obligations Of High-Income Parents, Margaret Ryznar
Hofstra Law Review
The Child Support Guidelines, incentivized by federal law, provide rebuttable guidance for setting child support awards, except in low- and high-income cases. This article focuses on the latter, as states continue to grapple with the question of whether the child should receive a proportion of the noncustodial parent’s income regardless of its amount, or whether there should be another limit. This article traces the narrative of child support obligations in high-income cases by considering the development of the economic aspect to the parent-child relationship, as well as the purpose and nature of the child support system. The resulting insights are …
A Lawyer Looks At Civil Disobedience: How Lewis F. Powell, Jr. Reframed The Civil Rights Revolution, Anders Walker
A Lawyer Looks At Civil Disobedience: How Lewis F. Powell, Jr. Reframed The Civil Rights Revolution, Anders Walker
All Faculty Scholarship
This essay reconstructs Lewis F. Powell, Jr.’s thoughts on the civil rights movement by focusing on a series of little-known speeches that he delivered in the 1960s lamenting the practice of civil disobedience endorsed by Martin Luther King, Jr. Convinced that the law had done all it could for blacks, Powell took issue with King’s Letter from Birmingham Jail, impugning its invocation of civil disobedience and rejecting its calls for compensatory justice to make up for slavery and Jim Crow. Dismissive of reparations, Powell developed a separate basis for supporting diversity that hinged on distinguishing American pluralism from Soviet totalitarianism. …
A Market For Tax Compliance, W Edward Afield
A Market For Tax Compliance, W Edward Afield
Faculty Publications By Year
It is becoming increasingly clear that, due to political realities and budgetary constraints, the IRS is going to have to attempt to enforce the tax laws by doing more with less. Current enforcement efforts have yielded a tax gap (i.e., the difference between the amount of taxes that should be paid and the amount that are collected) of roughly $450 billion annually. Faced with this task, one of the steps that the IRS has recently taken is to try to improve the quality in services performed by paid tax preparers, a group that historically has been subject to little IRS …
Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Radtke Bliss
Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Radtke Bliss
Faculty Publications By Year
All around the globe, legal educators, law students, consumers of legal services and others in the legal community are debating reforms to legal education, prompted by external demands on the profession, the need for law graduates to be competent in rapidly developing areas of law, and changes in practice due to globalization and technology. The drum beat for change is familiar by now in the United States, with a renewed interest in curricular reform that seeks to balance teaching students foundational legal knowledge with important lawyering skills and professional values. In Asia, in particular, globalization, economic growth and development, funding …
The Direct Costs From Npe Disputes, James Bessen, Michael J. Meurer
The Direct Costs From Npe Disputes, James Bessen, Michael J. Meurer
Cornell Law Review
No abstract provided.
The Future Of Law School: Three Visions And A Prediction, Harry W. Arthurs
The Future Of Law School: Three Visions And A Prediction, Harry W. Arthurs
Articles & Book Chapters
In this article, the author examines three visions of the future of law schools. The first vision is that they should focus on producing “practice ready lawyers” to meet the immediate needs of today’s legal profession. The second is that law schools should focus on training “tomorrow’s lawyers,” graduates who are able to adapt to a rapidly-changing world. The third insists that law schools are knowledge communities whose many functions include, but are not limited to, providing students with a large and liberal understanding of law that will prepare them for a variety of legal and non-legal careers and for …
The Feasibility Of Litigation Markets, Jonathan T. Molot
The Feasibility Of Litigation Markets, Jonathan T. Molot
Indiana Law Journal
No abstract provided.
Event Program: 2014 Sapphire Awards And Symposium, Florida Blue Foundation
Event Program: 2014 Sapphire Awards And Symposium, Florida Blue Foundation
Florida Blue Archives Printed Materials
No abstract provided.
Public Health Law & Equal Access To Justice In Rural America, Linda L. Chezem
Public Health Law & Equal Access To Justice In Rural America, Linda L. Chezem
South Dakota Law Review
No abstract provided.
Law Stretched Thin: Access To Justice In Rural America, Lisa R. Pruitt, Bradley E. Showman
Law Stretched Thin: Access To Justice In Rural America, Lisa R. Pruitt, Bradley E. Showman
South Dakota Law Review
No abstract provided.
Professional Liability, Debran L. O'Neil, D. Lance Currie, Alex More
Professional Liability, Debran L. O'Neil, D. Lance Currie, Alex More
SMU Annual Texas Survey
No abstract provided.
The American Bar Association And The Rule Of Law, James R. Silkenat
The American Bar Association And The Rule Of Law, James R. Silkenat
SMU Law Review
No abstract provided.
Unmasking The Ghost: Rectifying Ghostwriting And Limited-Scope Representation With The Ethical And Procedural Rules, Halley Acklie Ostergard
Unmasking The Ghost: Rectifying Ghostwriting And Limited-Scope Representation With The Ethical And Procedural Rules, Halley Acklie Ostergard
Nebraska Law Review
Pro se litigants—parties representing themselves without assistance of counsel—have steadily been on the increase since the late 1990s. According to the Administrative Office of the United States, the number of civil pro se cases filed in U.S. district courts in fiscal year 2010 was 24,319, increased from 20,545 in fiscal year 2007. One of the primary factors fueling the rise in pro se litigants is the prohibitive cost of full-service legal representation. Unable to afford lawyers, these individuals face the choice of allowing their claims to lapse or representing themselves. The increased number of parties representing themselves has resulted in …
Service Learning: A Tool To Develop Employment Competencies For College Students, Amy J. Ramson
Service Learning: A Tool To Develop Employment Competencies For College Students, Amy J. Ramson
Publications and Research
College students will face a workplace transformed even from the one that existed five years ago. Public and private organizations presently require employees to possess highly developed core competencies. This shift in expectations, exacerbated by high unemployment among recent college graduates, has made accountability a hot issue for higher education. Colleges have begun to integrate experiential approaches into the curriculum to impart work competencies. Internships, the classic form of experiential education, cannot develop all the required skills and knowledge, especially if students do not take part in a reflection activity. Service-learning, a more recent approach to experiential education, is high …
Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer
Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer
Faculty Articles
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 …
Litigation Funding And The Problem Of Agency Cost In Representative Actions, Samuel Issacharoff
Litigation Funding And The Problem Of Agency Cost In Representative Actions, Samuel Issacharoff
Faculty Articles
Alternative sources of litigation funding are complicating the already difficult world of complex litigation. While still in its infancy in the United States, the role of equity financing of contingent litigation is now well rooted in Australia, and establishing itself in Canada and the United Kingdom as well. This Article examines the market gaps filled by litigation funders in Australia and then the potential role to be played in the United States. In particular, the Article looks to litigation funding as a way to potentially protect absent class members in class actions and other representative proceedings.
Attorneys, The Internet, And Hate Speech: An Argument For An Amended Model Rule 8.4, Jefferey Ogden Katz, Alexander I. Passo
Attorneys, The Internet, And Hate Speech: An Argument For An Amended Model Rule 8.4, Jefferey Ogden Katz, Alexander I. Passo
Seattle Journal for Social Justice
No abstract provided.
Development Of An Instrument To Measure The Attitudes Of Christian School Leaders Towards Factors That May Influence Their Decisions To Implement Special Education Programs, Julia Elliott
Doctoral Dissertations and Projects
The purpose of this study is to develop and field-test the School Leader's Special Education Decision-Making Scale and to determine its validity and reliability for use with Christian school leaders. This 11-item scale, derived from the literature, measures the attitudes of Christian school leaders towards decisions to implement a special education program based on four factors: shared vision, parental considerations, teacher input, and religious concerns. This study was exploratory in nature and sought to extend a previous qualitative study by determining a way to quantify six intangible factors identified in that study. Three panels of experts in the fields of …
Before The Corridor Of Shame: The African American Fight For Equal Education After Jim Crow, Luci Vaden
Before The Corridor Of Shame: The African American Fight For Equal Education After Jim Crow, Luci Vaden
Theses and Dissertations
"Before the Corridor of Shame: The African American Fight for Equal Education After Jim Crow" analyzes how African American public school students in South Carolina used direct action protest to demand the implementation of quality, desegregated public education in the 1970s. Students built off of the legacy of the Civil Rights Act of 1964, which empowered the Department of Health, Education, and Welfare (HEW) to withhold federal funds from school districts that practiced overt segregation and became the mechanism by which the federal government could force states to desegregate. As a result, most South Carolina schools desegregated by 1970 and …