Digital Commons Network^™

New Problems For Subsidized Speech, Joseph Blocher

Faculty Scholarship

The constitutionality of conditional offers from the government is a transsubstantive issue with broad and growing practical implications, but it has always been a particular problem for free speech. Recent developments suggest at least three new approaches to the problem, but no easy solutions to it. The first approach would permit conditions that define the limits of the government spending program, while forbidding conditions that leverage funding so as to regulate speech outside the contours of the program. This is an appealing distinction, but runs into some of the same challenges as public forum analysis. The second approach would treat …

When The Lawyer Screws Up: A Portrait Of Legal Malpractice Claims And Their Resolution, Herbert M. Kritzer, Neil Vidmar

Faculty Scholarship

No abstract provided.

Grand Challenges, Grand Ideas: Ideas For Surmounting The Biggest Challenges Facing The Judiciary And The Legal Profession Today, David F. Levi

Faculty Scholarship

In delivering the Lloyd D. George Lecture on the Judicial Process at UNLV William S. Boyd School of Law last year, Duke Law School Dean David F. Levi laid out “The Grand Challenges for the Legal Profession and the Judiciary.” Following are his lecture and a roundtable discussion among judicial leaders who are responding to the call for new ideas and solutions for these Grand Challenges.

Wise Latina/Os Reflect On Role Models, Acting Affirmatively, And Structures Of Discrimination: In Honor Of Richard Delgado, Stephanie M. Wildman, Lucy Gaines

Faculty Publications

No abstract provided.

A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch

St. Mary's Law Journal

Abstract Forthcoming.

Economics, Eq, And Finance: The Next Frontier In Legal Education, Pamela Bucy Pierson

Articles

No abstract provided.

Demand Side Reform In The Poor People’S Court, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

A crisis in civil justice has seized the lowest rungs of state court where the great majority of American justice is meted out. Nineteen million civil cases are filed each year in the so-called “poor people’s court,” and seventy to ninety-eight percent of those matters involve an unrepresented litigant who is typically low-income and often a member of a vulnerable population. This Article challenges the predominant scholarly view in favor of “supply side” remedies for improving access to justice—that is, remedies focused exclusively on supplying counsel to litigants, either through adoption of “civil Gideon,” a universal civil right to counsel, …

How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch

Articles & Chapters

Therapeutic jurisprudence (TJ) asks us to look at law as it actually impacts people’s lives and focuses on the law’s influence on emotional life and psychological well-being. It suggests that law should value psychological health, should strive to avoid imposing anti-therapeutic consequences whenever possible, and — when consistent with other values served by law — should attempt to bring about healing and wellness. The ultimate aim of TJ is to determine whether legal rules and procedures or lawyer roles can or should be reshaped to enhance their therapeutic potential while not subordinating due process principles. An inquiry into therapeutic outcomes …

Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe

Articles & Chapters

Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …

Tarnished Reputations: Gatekeeper Liability After Janus, Daniel R. Tibbets Caia

Fordham Journal of Corporate & Financial Law

Courts have long recognized the role of the securities industry’s accountants, lawyers, securities analysts, and credit-rating agencies as “gatekeepers”—reputational intermediaries who, for a fee, effectively rent their reputations for honesty, accuracy, and integrity to their corporate clients in order to provide confidence to the clients’ investors. Under this reputational model, a gatekeeper’s reputation is its chief capital asset. While it seems that gatekeepers would need very little incentive to avoid risking this asset by helping their clients commit securities fraud, debacles such as Enron, WorldCom, Refco, and the 2008 Financial Crisis demonstrate that this is not true. Notable commentators suggest …

Lost In Translation: Till V. Scs Credit Corp. And The Mistaken Transfer Of A Consumer Bankruptcy Repayment Formula To Chapter 11 Reorganizations, Mark J. Thompson, Katie M. Mcdonough

Fordham Journal of Corporate & Financial Law

This Article argues that courts overseeing chapter 11 cases have been mistakenly invoking the Supreme Court’s 2004 decision in Till v. SCS Credit Corp.—which specified a consumer-friendly formula for setting the interest rate on the remaining payments on a loan that financed a used pickup truck—at the expense of over a century of Supreme Court precedents that established the contrastingly creditor friendly “fair and equitable” standard for repayment of business debts, as well as disregarding a clear statutory distinction between the present value tests in chapters 11 and 13. This Article also discusses the controversial 2014 decision in Momentive Performance …

Obituaries - Volume I-J, Rowan County Historical Society

Rowan County Histories Collection

Obituaries of Rowan County, Kentucky. Volume I-J. Compiled circa 2015.

Elite Theory, Individual Autonomy And Interest Groups: An Examination Of America's Rules On Imported Vehicles, Jared A. Rosenholtz

HIM 1990-2015

The purpose of this research is to examine the legislative process that led to the Imported Vehicle Safety Compliance Act of 1988. This research will look at the original intent of the law, as well as its possible irrelevance today. This research will compare the environment that existed during its creation, and compare it to the drastically different landscape that exists now in the new car market. From this comparison, this paper will recommend a route for the United States to better open trade with other countries and allow more consumer freedom. This research will look at the Imported Vehicle …

The Practice Value Of Experiential Legal Education: An Examination Of Enrollment Patterns, Course Intensity, And Career Relevance, Margaret E. Reuter, Joanne M. Ingham

Faculty Works

How will law schools meet the challenge of expanding their education in lawyering skills as demanded from critics and now required by the ABA? This article examines the details of the experiential coursework (clinic, field placement, and skills courses) of 2,142 attorneys. It reveals that experiential courses have not been comparably pursued or valued by former law students as they headed to careers in different settings and types of law practice. Public interest lawyers took many of these types of courses, at intensive levels, and valued them highly. In marked contrast, corporate lawyers in large firms took far fewer. When …

Residential Landlord-Tenant Law In New York, 2015-2016 Ed., Andrew Scherer, Fern A. Fisher

Books

No abstract provided.

Strain Drain: A Qualitative Analysis Of The Impact Of Mortgage Strain Recovery Strategies On Health Outcome And Behaviors, Anastasia Beletsky

Public Health Theses

When individuals enter into mortgage delinquency or foreclosure, the benefits of home become threatened. How individuals respond to economic stress, and the strategies they use to recover, provides insight into personal spending priorities, the importance of healthcare for such individuals, and resulting health outcomes and behaviors. This paper aims to explore how foreclosure and mortgage strain act as distal or upstream determinants of health for a small sample of individuals from an urban African-American community. It presents a qualitative analysis of how individuals’ experiences with, attitudes concerning and circumstances surrounding mortgage delinquency, and their recovery from it, impact health. It …

The Uspto Patent Pro Bono Program, Jennifer M. Mcdowell, Saurabh Vishnubhakat

Cybaris®

No abstract provided.

An Unworkable Result: Examining The Application Of The Unfinished Business Doctrine To Law Firm Bankruptcies, John W. Edson

Emory Bankruptcy Developments Journal

While unfinished business claims have played a role in nearly every major law firm bankruptcy in the past ten years, the law remains unsettled. As major law firm bankruptcies become more prevalent, scholarly debate has centered on whether pending hourly fee arrangements should be included in a law firm's bankruptcy estate. This Comment will advocate for the abolishment of unfinished business claims in the bankruptcy setting because these claims yield unworkable results under Sections 541, 363, and 362 of the Bankruptcy Code. Alternatively, this Comment will argue that including unfinished business in a law firm's bankruptcy estate violates public policy …

Great Expectations, Grim Reality: Unpaid Interns And The Dubious Benefits Of The Dol Pro Bono Exception, Stephanie A. Pisko

Seton Hall Law Review

No abstract provided.

State Violence, Mobility And Everyday Life In Cairo, Egypt, Christine E. Smith

Theses and Dissertations--Geography

State violence in Egypt is an embedded part of daily life and popular culture, and well documented in social and news media. The uprisings of January 11, which took place in Egypt were organized in large part against violence and torture regularly delivered by police forces. In this dissertation I examine the implications of chronic state violence on everyday life for low-income Egyptians. In doing so, this dissertation provides analysis of how violence shapes forms of intimacy within social life, how it shapes urban landscapes and the politics therein and how it informs individual piety and banal practices of security. …

An Analysis Of Why China's Government Will Eventually Reform The Hukou System, Justin Condit

Student Works

No abstract provided.

The Death Of Rules And Standards, Anthony Casey, Anthony Niblett

Public Law and Legal Theory Working Papers

Scholars have examined the lawmakers’ choice between rules and standards for decades. This Article, however, explores the possibility of a new form of law that renders that choice unnecessary. Advances in technology (such as big data and artificial intelligence) will give rise to this new form—the microdirective—which will provide the benefits of both rules and standards without the costs of either.

Lawmakers will be able to use predictive and communication technologies to enact complex legislative goals that are translated by machines into a vast catalog of simple commands for all possible scenarios. When an individual citizen faces a legal choice, …

Getting Even Less Than What They Paid For: The Plight Of Generic Drug Consumers Under The Levine-Mensing Dichotomy, Vikrama Chandrashekar

University of Colorado Law Review

The Drug Price Competition and Patent Restoration Act of 1984, known as the Hatch-Waxman Amendments, allows manufacturers to begin developing generic versions of patented, brand-name pharmaceuticals while the patent terms are in force, and to bring those generic versions to market as soon as the patent terms expire. The generic versions are to mimic the brand-name drug in every respect; thus, they are produced at a significantly reduced cost, and those savings are passed on to generic drug consumers. Under federal regulations, a generic drug's label must also mimic that of the brand-name drug, and generic drug manufacturers may not …

A Lawyer Looks At Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity From Affirmative Action, Anders Walker

University of Colorado Law Review

This Article reconstructs Lewis F. Powell Jr.'s thoughts on the civil rights movement by focusing on a series of littleknown 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. …

Identity Contests: Litigation And The Meaning Of Social- Movement Causes, Mary Ziegler

University of Colorado Law Review

No abstract provided.

The Role Of The Courts In The New Justice System, Tania Sourdin

Arbitration Law Review (2009 - Present)

No abstract provided.

Satisfaction And Use: Comparing First-Time Victims And Victims Of Multiple Sexual Assaults, Julie Lindahl

Walden Dissertations and Doctoral Studies

Sexual assault advocacy services are intended to support and empower victims during the aftermath of an assault. This study's purpose was to identify sexual assault victims' use and satisfaction with victim advocacy services, and to compare those outcomes in first-time victims and victims of multiple sexual assaults. The goal was to determine if victims of multiple sexual assaults would seek services again due to satisfaction after receiving prior sexual assault advocacy services. Guided by empowerment theory, this study purported that victim satisfaction and seeking additional services would promote coping and empowerment for the victims and result in positive social change. …

Q– 16: What Is The Office Of The Special Master For Tarp Executive Compensation, And What Are Its Powers, Duties And Responsibilities?" Code Of Federal Regulations, Title 31, U. S. Department Of The Treasury

Documents

No abstract provided.

Annual Economic Report For 2013, Central Bank Of Nigeria (Cbn)

Documents

CBN draft report analyzing the Nigerian economy in 2013

Legal Ethics And Data Security: Our Individual And Collective Obligation To Protect Client Data, Drew Simshaw

Scholarly Works

New technologies are drastically changing the way lawyers practice law. Advances in areas such as cloud computing and mobile devices are enabling new ways to communicate with clients, as well as new ways to collect, store, and manage data pertaining to their cases. This Article provides practitioners with the necessary tools to fulfill their ethical obligation to protect client information in an increasingly digitized world.