Digital Commons Network^™

Salt Equalizer, Vol. 2014, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Survey Information and Methodology, at 1.

2013-14 SALT Salary Survey, at 1.

About SALT and SALT Membership, at 3.

Survey Instrument, at 4.

SALT Salary Survey 2013-2014, at 4.

Outsourcing Expert Services By State Transportation Departments: A Look At Effects On Cost, Quality, And Changing Employment Levels, Juita-Elena Yusuf, Lenahan O'Connell

School of Public Service Faculty Publications

Privatization has increasingly become a policy option for government agencies struggling to meet rising demands for services but with fewer resources. In the transportation arena, many state departments of transportation (DOTs) have privatized by outsourcing highway functions to the private sector. But the outsourcing of technical and expert services such as those related to the design and construction of highway infrastructure may result in a smaller or less knowledgeable DOT workforce that is unable to perform the necessary contract management to ensure the quality of the work done by contractors. We posit an outsourcing process in which DOTs respond to …

Social And Solidarity Economy For Sustainable Development: Its Premises - And The Social Economy Basel Example Of Practice, Isidor Wallimann

Program for the Advancement of Research on Conflict and Collaboration

The SSE is a viable strategy in dealing with some contemporary problems known both in industrial and developing countries. SSE is contextualized against the background of recent developments: The liberalization of goods and capital flows world wide, continued industrialization, and the increased global division of labour. Addressed is how local populations could reach certain objectives and satisfy certain needs using techniques characteristic of SSE and, thus, carve out a social and economic space of their own vis-à-vis anonymous markets, global actors, local and national elites. Within this self governed space, it is suggested, a path can be layed for the …

Alumni Journal, Kathleen Haley, Laurie Taishoff, Elie Rabinowitz, Keith Kobland, Peter I. Rose, Amy Speach, Christine Yackel, Pablo Mayo Cerqueiro, Kathleen Curtis, Carri Prue

Syracuse University Magazine

Alumni news and profiles.

Enduring Hierachies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson

Faculty Scholarship

Although much attention has been paid to U.S. News & World Report's rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News's introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school …

Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood

Scholarship@WashULaw

What are implicit biases? In brief, we all walk around with two sets of attitudes and beliefs: our conscious (explicit) attitudes and our unconscious (implicit) attitudes. Scientists believe that human consciousness takes up approximately 10 percent of our brain activity. That means that for most things, our unconscious mind is doing the work. Implicit biases exist within our unconscious mind. Our brains are bombarded with millions of bits of information every second. To avoid overload, our brains automatically categorize information into schemas that we use to guide us in our everyday living.

The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.

The Rise Of Speed Deportation And The Role Of Discretion, Shoba S. Wadhia

Faculty Scholarship

In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.” The policy goals of speed deportation are economic; these processes save government resources from being spent on procedural safeguards such as a trial attorney, immigration judge, and a fundamentally fair hearing. Higher deportation numbers may also benefit the image the government seeks to portray to policymakers who support amplified immigration enforcement. However, the human consequences of speed deportation are significant and can result in …

Leveraging Antidiscrimination, Olatunde C.A. Johnson

Faculty Scholarship

As the Civil Rights Act of 1964 turns fifty, antidiscrimination law has become unfashionable. Civil rights strategies are posited as not up to the serious task of addressing contemporary problems of inequality such as improving mobility for low-wage workers or providing access into entry-level employment. This Article argues that there is a danger in casting aside the Civil Rights Act as one charts new courses to address inequality. This Article revisits the implementation strategies that emerged in the first decade of the Act to reveal that the Act was not limited to addressing formal discrimination or bias, but rather drew …

Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Human Rights Clinic

Human Rights Institute

In order to meet its human rights obligations, the federal government must work toward the establishment of the right to counsel for indigent litigants in civil cases, especially where basic human needs are at stake. Direct steps the federal government should take include: supporting research into the impact of providing counsel in civil cases; fully funding the Legal Services Corporation and lifting restrictions that prevent legal services lawyers from providing necessary services; intensifying the Acc,ess to Justice Initiative's activities with respect to civil legal services and providing it with the necessary leadership and resources; and filing supportive amicus briefs when …

Forward "Serving Those Who Have Served", Edward G. Simpson Iii, Gregory L. Collins

Richmond Public Interest Law Review

The Department of Veterans Affairs (VA) is second only to the Department of Defense in the size of its budget and bureaucracy, and the current administration's budget request for the 2015 fiscal year is almost 164 billion dollars.' The VA's annual budget will continue to increase in the coming years as Vietnam War veterans grow older and those who have served in Iraq and Afghanistan return to the civilian population. Virginia alone is home to over 840,000 veterans. Despite the VA's massive budget and our country's growing veteran population, many veterans' issues are not being adequately addressed, and the legal …

Neoliberal Constitutionalism: Lochnerism For A New Economy, Jedediah S. Purdy

Faculty Scholarship

Neoliberalism has a constitutional face. It figures in judicial and popular interpretations of free speech, due process, equal protection, and federalism, as surely as it does in intellectual property, family law, health policy, and the other areas that our contributors address. In this article, I make the case that there is something special about the constitutional expression of neoliberalism, which arises from three features of constitutional law: its basicness, its breadth, and its integrating tendency.

“A Different Day In Court”: Exploring The Place Of Judicial Mediation In Ontario’S Alternative Dispute Resolution Landscape, Nicole Aylwin, Trevor C. W. Farrow

Articles & Book Chapters

In January 2011, the Ontario Bar Association established a taskforce to explore the question of how judicial dispute resolution could improve access to justice in Ontario. In their recently released final report, the taskforce offers some compelling conclusions. In particular, the report recommends that JDR be formally recognised as part of the alternative dispute resolution options available in Ontario since it would provide litigants the opportunity to receive their “day in court” without the necessity of a costly trial.This article elaborates on the findings of the report and places them within the larger context of current research and Canadian policy …

Experience The Future Of Legal Education, Lorne Sossin

Articles & Book Chapters

This article examines the shift towards experiential legal education and its implications. While others have focused on experiential education as a means of training better lawyers, the author advances the argument for experiential education because it is rooted in substantive problem-solving, access to justice, engagement with communities, and greater opportunities for reflective and critical thinking about law and justice. Drawing on examples from Osgoode Hall Law School, which adopted an experiential curricular requirement in 2012, the article explores the ways in which experiential education may change law school and law students. The article also canvasses the implications of the experiential …

The Future Of Legal Education: 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 …

Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.

Faculty Publications

Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …

Retaining Color, Veronica Root

Faculty Scholarship

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color—in particular black and Hispanic attorneys.

And …

Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus

Faculty Scholarship

No abstract provided.

Hiv Infrastructure Study Columbia, Sc, Susan S. Reif, Elena Wilson, Carolyn Mcallaster

Faculty Scholarship

No abstract provided.

Transnational Legal Services In Globalized Economics: American Leadership, Not Mere Compliance With Gats, Through Qualifying Ll.M. Degree Programs For Foreign-Educated Lawyers Seeking State Bar Admissions, Jeffrey A. Van Detta

Journal of International Business and Law

No abstract provided.

Earthquake Risk In Indonesia: Parametric Contingent Claims For Humanitarian Response And Financial Institution Resiliency, Jason Hartell

Theses and Dissertations--Agricultural Economics

This dissertation explores the use of an index based contingent claims mechanism against earthquake risk in Indonesia. It focuses on time critical financing needs of international humanitarian relief organizations, and on efforts to improve the resiliency of geographically constrained financial institutions whose clientele are exposed to disaster risk. The approach uses measures of ground motion intensity as the basis for the index. The humanitarian response mechanism provides a new way for private sector partners to participate and gain visibility in their support of principled humanitarian funding. Index based contingent claims for local banks are shown to enhance their ability to …

“Doomed Social Engineering?” Ethics And Professionalism Related To Sexual Orientation: The Florida Experience, Robert W. Lee

Barry Law Review

No abstract provided.

Trading Rabbit Ears For Wi-Fi: Aereo, The Public Performance Right, And How Broadcasters Want To Control The Business Of Internet Tv, Jacob Marshall

Vanderbilt Journal of Entertainment & Technology Law

Aereo, a start-up company that allows consumers to stream free, over-the-air broadcasts to their phones and computers, seems rather innocuous. Yet the major broadcasting networks have attempted to shut Aereo down since its inception, claiming that Aereo infringes on their copyright. Aereo claims that its unique technology--where each user is assigned their own, individual antenna--ensures that Aereo does not infringe on the broadcasters' public performance rights. The United States Supreme Court has granted certiorari on the matter. The broadcasters are approaching the case as an existential battle, claiming that Aereo threatens retransmission fees, licensing fees broadcasters collect from cable companies. …

Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo

Cornell Law Faculty Publications

The article examines the challenges legal education faces as a result of globalisation with specific reference to African law schools. It considers the challenges and ways of meeting them. The practice of law in a globalised world requires a body of knowledge which is both complex and interdisciplinary. It requires the acquisition of a broad range of new skills and techniques of solving legal problems. To equip lawyers with the needed skills to practise law in a globalised world will require changes in the traditional law school curriculum. It will require a curriculum which trains lawyers for the practice of …

Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work

Journal of Criminal Law and Criminology

No abstract provided.

European Trademark Protection Strategy Considerations For U.S. Small And Medium Sized Entities After Ip Translator And Onel, Nadja Baer

Cybaris®

No abstract provided.

The Daily Gamecock, Wednesday, December 3, 2014, University Of South Carolina, Office Of Student Media

December

No abstract provided.

The Daily Gamecock, Monday, November 10, 2014, University Of South Carolina, Office Of Student Media

November

No abstract provided.

The Daily Gamecock, Tuesday, November 11, 2014, University Of South Carolina, Office Of Student Media

November

No abstract provided.

The Daily Gamecock, Wednesday, November 5, 2014, University Of South Carolina, Office Of Student Media

November

No abstract provided.