Digital Commons Network^™

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …

Libraries And Legal Education, Jonathan Franklin

Librarians' Chapters in Books

Academic law libraries are in the midst of radical change, probably more so than at any time in the past 100 years. Two factors are converging that make business as usual no longer viable for academic law libraries: transition of legal resources from print to digital formats and economic changes in legal education.

Best Practices for Legal Education did not address the role of law libraries in the delivery of legal education. The changes facing law schools suggest now is the time to articulate how libraries can best contribute to the endeavor. How can best practices for law libraries be …

Cross-Boarder Teaching And Collaboration, Kimberly D. Ambrose, William H.D. Fernholz, Catherine F. Klein, Dana Raigrodski, Stephen A. Rosenbaum, Leah Wortham

Chapters in Books

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of …

Pathways, Integration, And Sequencing The Curriculum, Deborah Maranville, Cynthia Batt

Chapters in Books

Law school course offerings have proliferated in recent decades. This development reflects the addition of specialized doctrinal courses, a growing emphasis on interdisciplinary knowledge, and the incorporation of practice-oriented courses. From the perspective of the individual student, an expanded curriculum may create exciting educational opportunities while posing trade-offs between a generalist education and specialization.

Law schools face two key challenges. First, they must structure the curriculum so that the experiences of individual law students have some coherence, or, if you will, seem integrated. Second they must incorporate the full range of what the Carnegie Reports referred to as the apprenticeships …

Incorporating Experiential Education Throughout The Curriculum, Deborah Maranville, Cynthia Batt, Lisa Radtke Bliss, Carolyn Wilkes Kaas

Chapters in Books

In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.”

Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of …

Ensuring Effective Education In Alternative Clinical Models, Deborah Maranville

Chapters in Books

Best Practices for Legal Education organized its discussion of experiential courses around the “simulation-based courses, in-house clinics, and externships” typology without specifically defining what structures fall within each category or discussing the variations. The discussion of in-house clinics focused on fundamental principles for effective teaching and supervision and the need for appropriate facilities and office support. It only implicitly addressed the range of issues presented by alternative structures for clinics and did not address alternative externship structures or variations that combine features of both.

Pathways, Integration, And Sequencing The Curriculum, Deborah Maranville, Cynthia Batt

Books

Law school course offerings have proliferated in recent decades. This development reflects the addition of specialized doctrinal courses, a growing emphasis on interdisciplinary knowledge, and the incorporation of practice-oriented courses. From the perspective of the individual student, an expanded curriculum may create exciting educational opportunities while posing trade-offs between a generalist education and specialization.

Law schools face two key challenges. First, they must structure the curriculum so that the experiences of individual law students have some coherence, or, if you will, seem integrated. Second they must incorporate the full range of what the Carnegie Reports referred to as the apprenticeships …

Incorporating Experiential Education Throughout The Curriculum, Deborah Maranville, Cynthia Batt, Lisa Radtke Bliss, Carolyn Wilkes Kaas

Books

In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.”

Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of …

Taking Teaching And Learning Seriously: A Tribute To Professor Susan Martyn, Irma S. Russell

Faculty Works

Professor Susan Martyn is an inspiring and dedicated teacher. She inspires me by her teaching, her work with students in the classroom, as well as with lawyers in continuing legal education programs, and her writing for scholars and the public. The invitation to write in a law review edition honoring this amazing professor and scholar provided the opportunity to contemplate a topic that is central to my life and the lives of most who teach: What is good teaching, and how do we increase good teaching and good learning in legal education today? We are in a time of stunning …

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Planning For Your Financial Success: Practice Pointers, Andrea M. O'Connor

Western New England Law Review

No abstract provided.

In Brief

In Brief

Table of Contents

• Jessica Berg and Michael Scharf Appointed as Co-Deans of the Law School
• A Message from the Deans
• First-Year Students Gain Experience Working with Real Clients
• Changing Lives over Spring Break
• Law Students File Class-Action Lawsuit...
• Advancing Our Neighborhoods
• Successful Persistence
• Two Alums Secure Verdicts over $40 Million
• For Her Father and for the Workers
• Achieving the American Dream
• Featured Columnist for MedPage Today
• No Day Is Typical for This Alumnus on a Small Island Nation
• Serving as Health Care Policy Advisor for a Congressman
• Brigade Judge Advocate, Deployed to Liberia During the Ebola Epidemic
• Celebrating Lew Katz's …

Remembering The Freedom Riders: An Interview With The Honorable Ernst H. Rosenberger, Ernst H. Rosenberger

NYLS Law Review

No abstract provided.

The Financial Action Task Force And The Legal Profession, Duncan E. Osborne

NYLS Law Review

No abstract provided.

J.K.C. V. T.W.C., Richard Pearsall

NYLS Law Review

No abstract provided.

The Long Tail And Demand Creation In The Legal Marketplace, Kristen E. Killian

UC Law Business Journal

This note examines new legal technology companies that are innovating transactional legal products, but not legal services. Legal Tech Innovation Companies (LTICs) represent an innovative leap in how companies that are not law firms provide legal products directly to a consumer. Although these companies are not yet disrupting the core of the legal marketplace, they are meaningfully lowering cost and increasing efficiency through both simplification and speed.

This note describes the type of legal consumers for whom LTICs are creating demand for their legal products and discusses several LTICs in greater detail. It further addresses policy considerations for the transactional …

Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Marquette Benefits and Social Welfare Law Review

This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a Disability Rights Tribunal for Asia and the Pacific (DRTAP). DRICAP’s centerpiece is the creation of a website collecting statutes, regulations, scholarly articles, advocacy news, and case law from selected Asian and Pacific nations. This work was done through a clinic created by …

The Aba Guidelines: A Historical Perspective, Russell Stetler, Aurélie Tabuteau

Hofstra Law Review

This paper explains how the standards of practice in the development of mitigating evidence -- a core component of capital defense practice -- evolved from the reinstatement of the U.S. death penalty in the 1970s to the publication of the original edition of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases in 1989.

Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima

Fordham International Law Journal

Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …

Millennial Specific Techniques For Nonprofit Marketing Communications: A Messaging Study For World Relief, Taylor M. Davenport

Honors Theses

Nonprofit organizations are quickly catching up to for profit companies in their marketing communications endeavors. World Relief, a faith-based nonprofit organization that strives to empower the vulnerable, is one of those organizations. While they have made huge strides in recent years, they are missing the mark when it comes to reaching millennials. This thesis sought to research effective millennial specific messaging techniques and implement an integrated marketing communications (IMC) campaign using the findings. This thesis compiles research on millennials from the Pew Research Center and other sources as a background for primary research. A survey and focus group were conducted …

Societal Dysfunction: The Floundering Policies Of Rehabilitation And Incarceration For Non-Violent Alcohol And Drug Offenders In The United States Of America, Josh Horton

Honors Theses

No abstract provided.

Beyond Curricular Tinkering: Real Reform Of Legal Education (Broadly Considered), J.P. "Sandy" Ogilvy

Scholarly Articles

We are familiar with the reports documenting the downturn in legal employment of new law graduates and the downturn in recent years both in the number of students sitting for the Law School Admission Test (LSAT) and the number of students applying to and being admitted to law school. The National Association for Law Placement (NALP) has reported that the overall employment rate for new law school graduates has fallen for five years in a row since 2008. The twenty-four-year high point was 2007, when 91.9% of new graduates had some form of employment nine months after graduation. Of these …

Supporting Social Movements: A Brief Guide For Lawyers And Law Students, Jim Freeman

UC Law Journal of Race and Economic Justice

In recent years, there has been a surge in grassroots organizing and activism, creating new possibilities for advancing social, racial, gender, and economic justice. As a result, lawyers now have a rare opportunity to help create powerful and sustainable social movements by supporting, strengthening, and amplifying these on-the-ground efforts. However, there is a long history of would-be "movement lawyers" who have inadvertently undermined many promising grassroots-led initiatives. This article summarizes, from a practitioner's perspective, the essential elements of effective movement lawyering and how they can help to avoid the mistakes of the past and promote transformative social change.

Land Use Priorities And The Law Of Nuisance, Dan Priel

Articles & Book Chapters

Rights-based approaches to tort law have been prominent in recent years in theoretical discussions of tort law. Much of this work has been either highly abstract or focused on a small number of torts like negligence or trespass. Allan Beever’s The Law of Private Nuisance attempts to extend this approach to the tort of private nuisance. Central to his account is the view that the law of nuisance is concerned with prioritising land uses, and that what the law calls ‘nuisance’ is really a case of one land use conflicting with another, higher-ranked one. This essay argues that despite claims …

Divorces Of Marriage Immigrants In South Korea: An Examination Of Factors Affecting Divorce, Sanghee Kim

MPA/MPP/MPFM Capstone Projects

In South Korea, as of 2013, ten out of a hundred newlywed couples included a marriage immigrant, i.e. someone who came to the country for the purpose of getting married to a native (Statistics Korea). South Korea, a traditionally homogeneous society, has seen an increase in marriage immigrants, primarily women, in recent years. Multicultural families face a variety of challenges. Marriage immigrants experience cultural and lifestyle differences, language problems, poverty, and domestic violence. In 2011, the divorce rate in multicultural families reached 10 percent and the average length of a marriage that ended in divorce was 4.9 years (Statistics Korea). …

Impact Of Intellectual Property Promotion For Small And Medium Sized Enterprises (Smes) In South Korea: An Examination Of Ip Star Program Impact, Jongseok Yoon

MPA/MPP/MPFM Capstone Projects

The creation of new processes and technology - in a word, innovation - is a powerful factor that determine s the progress of economies. The creation of new processes and technology can be accelerated by Intellectual Property Rights (IPRs).

However, many Small and Medium-sized Enterprises (SMEs) do not get the most out of their use of the intellectual property, even though they represent over 90 percent of enterprise s in South Korea. As a result, the Korean Intellectual Property Office (KIPO) has initiated support services for Small and Medium-sized Enterprises.

This study 's main focus is to examine the impact …

The Black Ceiling: Barriers To Career Advancement For African American Women In The Us, Victoria C. Sepand

Scripps Senior Theses

Black women in America do not deal exclusively with race or gender discrimination, but many times a combination of the two. This qualitative study seeks to address how black women experience this double discrimination within their organizations’ cultures, policies, and practices. In addition, the career journeys and experiences of the participants interviewed will be analyzed in comparison to the current literature, which states mentoring, training and networking, and women-friendliness are the most effective methods to advancing women and women of color in the workplace. Ultimately, this study discovers that for those methods to work, there needs to be more structure …

Is The Price Right? An Empirical Study Of Fee-Setting In Securities Class Actions, Michael A. Perino, Lynn A. Baker, Charles Silver

Faculty Publications

Every year, fee awards enable millions of people to obtain access to justice and strengthen the deterrent effect of the law by motivating lawyers to handle class actions. But little research exists on why judges award the amounts they do or whether they size fee awards correctly. The process remains a black box. Through a detailed study of 431 securities class actions that settled in federal district courts from 2007 through 2012, this Article presents the first empirical study to peer inside that black box. In contrast to prior analyses, this study relies on the actual court filings in each …

Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri

Articles

No abstract provided.