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Why Lawyers Do What They Do (When Behaving Ethically), James E. Moliterno

Scholarly Articles

Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer behavior. This Article will report on the results of a study currently underway that seeks to provide empirical evidence to answer the question posed in this Article’s title: Do lawyers train staff in confidentiality preservation because they fear bar discipline? Because they fear malpractice liability? Because they must comply with malpractice liability carrier demands? Because they honor client confidences for their own …

Que Ondee Sola - June 2014, Alyssa Villegas

Que Ondee Sola

Student publication founded in 1972, articles include: Youth Leaders Reflect on New York City Puerto Rican Parade Festivities, College Pipeline Mentors Reflect on 2013-2104 School Year, Clemente Students Win 1st Prize for 2nd Unified Puerto Rican People's Parade Poster Contest, PA CHS and Clemente Students Present Results of "Engaging Students in Public Health and Community Organizing" Project, Roberto Clemente Community Academy Celebrates 40th Anniversary, Puertorriquenos son parte del corazon de Chicago, Sembrando Banderas, Humboldt Park Celebrates 2nd Annual United Puerto Rican People's Parade, Paul Roldan Announces New Hispanic Housing Building Named After Oscar Lopez Rivera, Jose Enrique Ayoroa Santaliz Hablando …

¡Escriba! ¡Write! Volume 12, June 2014, Hostos Community College Library

¡Escriba!

Eric Stewart- "Same Love: Examining the Relationship Between David and Jonathan";

Santee Agrispin- "Music in my Life";

Jessica Anchundia- "Where I’m From";

Ahmed Caraballo- "A Life With Meaning";

Dina Esquivel- "How ‘McDonaldization’ Affects Our Society";

Jose Javier Castro- "Anonymously Yours";

Jose Javier Castro- "Homeland Uprootal";

Jose Javier Castro- "Gone but not Forgotten";

Earl Justice- "Dreamality";

Gisselle Belia- "Adios";

Eric Stewart- "After the Arrest: Exploring the Inner Workings of the New York State Criminal Justice System";

Karla Ferrera- "Poetry: The Awakening of a Creative Self";

Mario Leazard- "Sisters are Good Listeners";

Marlenny Toribio- "Finding Ways";

Angelica Rodriguez- "Antes de Morir";

Angelica …

2014 Summer - Schedule Of Classes, Office Of The Registrar, East Tennessee State University

Registration Resources

No abstract provided.

How International Institutions Evolve , Anu Bradford

Chicago Journal of International Law

Economic theory suggests that international institutions cannot simultaneously widen and deepen. There is an inevitable trade-off between the benefits of size and the costs of heterogeneity. Consequently, institutions ought to be either small and deep or, alternativey, large and shallow. Yet in reality, we observe that international institutions embrace new members while concurrently pursuing deeper cooperation. This Article seeks to explain how institutions evolve over time in light of this size/heterogeneity trade-off. It examines the strategic responses of members of institutions to heterogeneity costs and identifies two distinct yet related strategies that allow states to pursue gains from cooperation while …

An Assessment Of Risk Factors For Early Death Among A Sample Of Previously Incarcerated Youth, Patricia A. Stoddard Dare, Miyuki Fukushima Tedor, Linda M. Quinn, Christopher A. Mallett

Social Work Faculty Publications

Most previous research regarding early death prior to, or during, young adulthood among previously detained delinquent youth has focused predominantly on males or on their cause of death. This study extends previous research by evaluating potential factors that are associated with early death in a random sample (N = 999) of formerly detained youthful offenders in New York stratified by gender (50% female). Existing case records were referenced with the National Death Index to determine if the formerly detained youth were deceased by the time they would have reached age 28. Regression analyses were run to determine if any of …

Peaks Island Star : June 2014, Vol. 34, Issue 6, Service Agencies Of The Island

Peaks Island Star, 2014

The Peaks Island Star is the newsletter of the island's service agencies and other community news.

Psci 365.01: Public Policy Issues And Analysis, Jeffrey D. Greene

University of Montana Course Syllabi

No abstract provided.

"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch

Washington Law Review

In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …

Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law, Paul Finkelman

Chicago-Kent Law Review

This article explores and examines William E. Nelson’s masterful study of the origins and adoption of the Fourteenth Amendment, The Fourteenth Amendment: From Political Principal to Judicial Doctrine (1988). The article explains that a quarter of a century after he wrote this book, Nelson’s study of the origins and adoption of the Amendment remains the best exploration of these issues. His book illustrates the difficulties of determining the “original intent” of the framers of this complicated and complex Amendment. At the same time, however, Nelson demonstrates that for many issues we can come to a strong understanding of the goals …

Rejecting The Legal Process Theory Joker: Bill Nelson's Scholarship On Judge Edward Weinfeld And Justice Byron White, Brad Snyder

Chicago-Kent Law Review

My contribution to this tribute places Bill Nelson’s scholarship about Judge Edward Weinfeld and Justice Byron White within several contexts. It is a personal history of Nelson the law student, law clerk, and young scholar; an intellectual history of legal theory since the 1960s; an examination of the influence of legal theory on Nelson’s scholarship based on his writings about Weinfeld and White; and an example of how legal historians contend with the subject of judicial reputation. Nelson was one of many former Warren Court and Burger Court clerks who joined the professoriate and rejected the legal process theory that …

William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State, Gautham Rao

Chicago-Kent Law Review

In 1983, William E. Nelson published The Roots of American Bureaucracy, 1830–1900. Nelson traced the somewhat unlikely emergence and victory of the bureaucratic model in American political and legal thought. This article summarizes the book’s argument and describes its reception. It also seeks to assess the scholarly legacy of The Roots of American Bureaucracy. I argue that the book was ahead of its time because it contradicted prevailing scholarly trends in identifying a significant federal state in nineteenth-century America. In particular, during the past two decades, historians and political scientists have built on Nelson’s insights to develop a consensus about …

Smooth And Bumpy Laws, Adam Kolber

Faculty Scholarship

No abstract provided.

The Criminal Court Audience In A Post-Trial World, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

When Moral Reasoning And Ethics Training Fail: Reducing White Collar Crime Through The Control Of Opportunities For Deviance, Cynthia A. Koller, Laura A. Patterson, Elizabeth B. Scalf

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Price Of Justice: Deferred Prosecution Agreements In The Context Of Iranian Sanctions, Kristie Xian

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Health Care Reform And Efforts To Encourage Healthy Choices By Individuals, David Orentlicher

North Carolina Law Review

No abstract provided.

The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law? , Michael Vitiello

Nevada Law Journal

No abstract provided.

The Libraries Of The City University Of New York, Cuny Council Of Chief Librarians, Curtis Kendrick

Publications and Research

A briefing book prepared for Chancellor James B. Milliken. It provides some background to the CUNY library system, highlighting its accomplishments, as well as the challenges and opportunities that it confronts in its endeavors to support the teaching, learning, and research mission of the University.

The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles

Michigan Journal of International Law

Suppose a government agency tasks its purchasing agent with buying a set of computer servers for the agency’s use, and the agent contacts a technology company to make the purchase. After selecting the needed servers, the agent learns of the servers’ fair market value but does not negotiate with the technology company to obtain the lowest possible price. Instead, unbeknownst to the government, the agent agrees with the technology company’s sales manager to purchase the servers on behalf of the government for an amount significantly above their fair market value, and, in return, the company agrees to give the agent …

Gideon V. Wainwright And Related Matters: An Armchair Discussion Between Professor Yale Kamisar And Vice President Walter Mondale, Yale Kamisar, Walter Mondale

Minnesota Journal of Law & Inequality

Symposium: Civil Rights and Civil Justice: 50 Years Later

Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky

Minnesota Journal of Law & Inequality

Symposium: Civil Rights and Civil Justice: 50 Years Later

Killing A Chicken To Scare The Monkey: The Unequal Administration Of Death In China, Jessica J. Shen

Washington International Law Journal

China’s frequent usage of the death penalty in order to achieve deterrence of crime is well known to the international community; however, China also has a strong tradition of legal mercy stemming from imperial rule. In turn, imperial legal mercy originated from Confucian values of benevolence and humaneness. Although modern China emerged as a rejection of Imperial China’s Confucian hierarchal social structures, these cultural traditions have endured. For example, Confucianism’s humane influence can be seen in statutory and procedural mechanisms demonstrating benevolence towards criminals. However, only applying this benevolence to a select group of people betrays modern China’s statutory and …

Granite State College, University System Of New Hampshire 2014-2015 Catalog, Undergraduate, Granite State College

Granite State College Catalogs

No abstract provided.

Mcnair Scholars Smartnews, June 2014, Mcnair Scholars Program

EMU McNair Challenger

No abstract provided.

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …

Fulton County Business Court: A Specialized Solution For The Modern Business Community, Megan K. Johnson

Georgia State University Law Review

Business courts or complex commercial divisions are growing in popularity as an effective tool to channel the most complex civil cases into one place before experienced judges with the background and training necessary to resolve the sophisticated issues often presented in those cases. According to North Carolina Business Court Judge Ben F. Tennille, one of the first judicial advocates of the business court model, the evolution of specialty business courts is a necessary response to “‘the rapidly increasing complexity, rate of change and globalization of business.’”

In 2005, Fulton County Superior Court launched a Business Case Division (“Fulton Business Court”) …

Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall

Missouri Law Review

This Note discusses the resolution of that constitutional battle, Maryland v. King, where the U.S. Supreme Court held that DNA testing of pre-trial arrestees was reasonable under the Fourth Amendment as a routine booking procedure. The Court also held that DNA testing’s use for arrestee identification permitted its use as a tool to investigate suspicionless crimes. Part II analyzes the facts and holding of Maryland v. King. Part III discusses Fourth Amendment jurisprudence, including court-established tests used to ascertain whether a particular search is reasonable. Part IV examines the United States Supreme Court’s rationale in King, including Justice Scalia’s dissent, …

Celebrating The Right To Counsel - And Extending It, Martha A. Field

Minnesota Journal of Law & Inequality

Symposium: Civil Rights and Civil Justice: 50 Years Later

Obscuring The Machinery Of Death: Assessing The Constitutionality Of Georgia's Lethal Injection Secrecy Law, Adam Lozeau

Minnesota Journal of Law & Inequality

No abstract provided.