Digital Commons Network^™

The Price Of Equal Justice: How Establishing A Right To Counsel For People Who Face Losing Their Homes Helps Tackle Economic Inequality, Andrew Scherer

Articles & Chapters

No abstract provided.

Google V. Orrick Herrington & Sutcliffe, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Stahulak V Doe, Illinois Circuit Court

Historical and Topical Legal Documents

No abstract provided.

Advocate Yes; Witness No, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Rangel-Guzman, 752 F.3d 1222 (9th Circ. 2014) to illustrate the possibility of a lawyer violating Model Rule of Professional Conduct 3.7 without ever becoming an official witness.

Towards The Law Of Legal Services, Andrew M. Perlman

Suffolk University Law School Faculty Works

Imagine that someone asks you how legal services are regulated in the United States. You might answer that lawyers need a license in the jurisdictions where they intend to practice, typically after graduating from an ABA-accredited law school and passing the bar examination. You could explain that lawyers are governed by rules of professional conduct and subject to discipline, including disbarment, for failing to comply. You also might mention the growing patchwork of state and federal regulations that govern lawyer behavior. Each of these answers offers a slightly different perspective on the regulation of legal services, but they share one …

Economic Freedom Studies At The State Level: A Survey, Joshua C. Hall, Dean B. Stansel, Danko Tarabar

Economics Faculty Working Papers Series

This chapter synthesizes and elaborates on much of the existing research using the Economic Freedom of North America (EFNA) index. Our consensus after reading this literature is that the EFNA index, similarly to the Economic Freedom of the World (EFW) index, is largely positively related with “good” outcomes, and negatively related with “bad” ones, although there are a few exceptions. The literature using the EFNA is growing rapidly and can provide a useful guide towards future policy changes and economic outcomes.

Immigration Hypocrisy And Its Destructive Effect On The Economic And Families., Justin Estep

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Institutionalizing The Uspto Law School Clinic Certification Program For Transactional Law Clinics, Jennifer S. Fan

Articles

With 188 transactional law clinics nationwide and the United States Patent and Trademark Office (“USPTO”) Law School Clinic Certification Program (“Program”) recently established as a statutory program of the USPTO, this Article argues that every transactional clinic that works on trademark and patent applications should apply to become part of the Program. In satisfying the participation requirements of the Program, transactional law clinics will usher in a new, uniform way to educate aspiring intellectual property attorneys. As a result, the law students will not only be “practice ready,” but also more effective attorneys once they are in practice. Participating in …

Revisiting The Client Conundrum: Whom Does Lawyer For A Government Represent, And Who Gives Direction To That Governmental Lawyer?, Hugh D. Spitzer

Articles

The issue of identifying a government attorney’s client is age-old, and Washington’s Rules of Professional Conduct provide somewhat different answers for lawyers who are government employees and for those who are with private firms. The matter becomes even more interesting when a government entity’s attorney is a publicly-elected legal official: an attorney general, prosecuting attorney, or city attorney in the case of Seattle and a number of other cities around the country. Others have written thoughtful pieces on the topic from a national perspective, and there is at least one excellent but slightly outdated piece by District of Columbia municipal …

Financing Innovation: Legal Development Of Intellectual Property As Security In Financing, 1845–2014, Xuan-Thao Nguyen

Articles

There is a need for both traditional and online lenders to appreciate the intellectual property assets held by small businesses. The intellectual property assets should be included in the analytics in assessing the overall health of a business seeking a loan or a line of credit for its new innovative product, idea, or vision. The Article ends with a brief conclusion that in order to maintain the United States’ innovative edge, attention to the access to financing by small businesses must be at the center of the discussion, and intellectual property must be recognized as part of that center.

An Ethnic Comparison Of Intimate Partner Violence Among Ecuadorian Women Of Reproductive-Age, Marlene Lara

Open Access Theses & Dissertations

Background: Afro-Ecuadorian and Indigenous women in Ecuador are ethnic minorities that may be at a greater risk of intimate partner violence (IPV) and adverse physical, sexual, and psychological health outcomes compared to Mestizo/White majority women. Prior studies have suggested factors such as SES, age, marriage, marital status, prior history of abuse and violence, attitudes regarding IPV, and alcohol and/or drug use are associated to IPV. Aims: The aim of this secondary analysis was to compare IPV prevalence and sociodemographic and health-related correlates by ethnicity (minority versus majority) among Ecuadorian women. Methods: A total of 10,730 Mestizo/White, Indigenous, and Afro-Ecuadorian Ecuadorian …

The New Permanency, Joshua Gupta-Kagan

Faculty Scholarship

Permanency is a pillar of child welfare law; children generally do better with legally permanent caretakers than in temporary foster care. Historically, when foster children cannot reunify with their parents, states have sought to terminate parental rights and find adoptive families. But recent legal reforms have created a continuum of permanency options, many of which permit ongoing legal relationships with biological parents and do not require termination of biological parents’ rights. Research has demonstrated that such options are as lasting as adoption, and can help more children leave foster care to legally permanent caretakers. This continuum promises to empower families …

When Faith Falls Short: Bankruptcy Decisions Of Churches, Pamela Foohey

Scholarly Works

What does a church do when it is about to go bust? Religious organizations, like any business, can experience financial distress. Leaders could try to solve their churches’ financial problems on their own. Perhaps leaders do not view the problems as addressable with law. Or perhaps they do not think, as a moral or spiritual matter, that they should resort to the legal system, such as bankruptcy, to deal with their churches’ inability to pay its debts. Yet about ninety religious organizations seek to reorganize under the Bankruptcy Code every year. This Article relies on interviews with forty-five of these …

Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis

Scholarly Works

Researchers focused on the representation of children and attorneys for children have taken great pains to explore issues surrounding the attorney-child client relationship and recommend strategies and policies supporting positive development of the relationship. Notwithstanding the breadth of available information, almost no attention has been aimed at whether attorneys should physically touch their clients. This article fills that gap.

This Article consists of three parts. Part I describes the literature commanding attorneys for children to develop quality relationships with their clients. These works recognize that young clients seek good relationships with their attorneys, but that barriers to creating quality relationships …

Black Cat, White Cat: The Identity Of The Wto Judges, Louise Johannesson, Petros C. Mavroidis

Faculty Scholarship

WTO judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first- as well as second-instance WTO judges (e.g. Panelists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the GATT. Whereas the legal regime has been heavily ‘legalized’, the people …

The Uncertain Future Of The Unfinished Business Doctrine, Dan Teplin

Bankruptcy Research Library

(Exceprt)

It is no secret that the legal industry has experience financial difficulty following the great recession. Many law firms have been less profitable, and in some extreme circumstances, have filed for bankruptcy. The worlds largest law firms are of no exception to this recent phenomenon. The collapses of the mega-firms Dewey & LeBoeuf, Coudert Brothers LLP, Heller Ehrman LLP, Howrey LLP, Thacher Proffitt & Wood LLP, and Thelen LLP are prime examples.

Since most law firms, especially large firms, do not reorganize in bankruptcy, a bankruptcy trustee will often be appointed to administer the firm’s estate. In order to …

Professional Fee Enhancements: Determining Whether A Professional Is Entitled To A Fee Enhancement Under Section 330 Of The Bankruptcy Code, Adrianna R. Grancio

Bankruptcy Research Library

(Excerpt)

The Bankruptcy Code governs the compensation of a professional person employed under section 327 or 1103 of the Bankruptcy Code. Under section 330(a), the court may award a professional “reasonable compensation for actual [and] necessary services.” Section 330 provides a non-exclusive list of factors for a court to consider in determining whether the proposed compensation is reasonable. In addition to these statutory factors, courts also analyze the proposed fee by using two methods utilized in pre-bankruptcy code cases; (1) “Lodestar” method and (2) factors from Johnson v. Georgia Highway Express, Inc (the “Johnson Factors”).

The determination of whether the …

Law School Culture And The Lost Art Of Collaboration: Why Don't Law Professors Play Well With Others, Michael I. Meyerson

All Faculty Scholarship

I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so …

There Is No Such Thing As Litigation: Access To Justice And The Realities Of Adjudication, Robert Rubinson

All Faculty Scholarship

Does a "contest by judicial process" describe litigation's "means and applications"? Overwhelmingly, no. Litigation is not about judges: it is about default judgments, settlements, plea bargains. It sometimes does not even involve judges at all. Litigation is not about trials: the amount of litigation that goes to trial is infinitesimal. It is not about "process": the process is so minimal that to dignify it with that term stretches the word beyond recognition. It is not a "contest": it is an exercise where one side has no plausible chance of winning, especially since that side either has no lawyers or lawyers …

The Holmes School Of Law: A Proposal To Reform Legal Education Through Realism, Robert Rubinson

All Faculty Scholarship

This article proposes the formation of a new law school, the Holmes School of Law. The curriculum of the Holmes School would draw upon legal realism, particularly as articulated by Oliver Wendell Holmes. The proposed curriculum would focus on educating students about "law in fact"—how law is actually experienced. It rejects the idea that legal education should be about reading cases written by judges who not only bring their own biases and cultural understandings to their role, but who also ignore law as experienced, which, in the end, is what law is. This disconnect is especially troubling because virtually all …

Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson

Vanderbilt Law Review En Banc

No abstract provided.

Spokeo, Where Shalt Thou Stand, Joan Steinman

Vanderbilt Law Review En Banc

No abstract provided.

To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Community Collaboration In Virginia Legal Aid Programs: A Constructivist Grounded Theory Investigation, Andrew C. Schoeneman

Theses and Dissertations

Legal aid programs comprise a robust national infrastructure attempting to alleviate and reduce poverty. Since their proliferation as part of the War on Poverty, these organizations have provided individual civil legal assistance and engaged in collective legal and political strategies to advance systemic change. Starting in the 1980s, however, public policies have been enacted to cut funding and restrict the ability of federally funded legal aid programs to engage in collective and systemic advocacy. As a result, the ability of programs to work alongside low-income communities has been compromised. The histories and core commitments of legal aid and social work …

Law School Culture And The Lost Art Of Collaboration: Why Don’T Law Professors Play Well With Others?, Michael I. Meyerson

Nebraska Law Review

I. Introduction

II. Erdös Numbers and the Creation of a Culture of Collaboration … A. Paul Erdös and Erdös Numbers … B. Collaboration and the Mathematical Culture

III. Understanding the Legal Academy’s Individualistic Culture … A. The Hidden Cost of Individualism … B. The Solitary Legal Scholar … C. Collaboration in Other Academic Fields … D. Explaining Differing Rates of Collaboration

IV. Creating a Law School Culture of Collaboration … A. Recognizing the Lost Benefits of Collaboration: Law Faculty … B. Recognizing the Lost Benefits of Collaboration: Law Students … C. Changing the Law School Culture ... D. What the …

Medical-Legal Partnerships: Origins And Ethical Lessons, Cathryn Miller-Wilson

Nebraska Law Review

I. Introduction

II. Ethical Obligations Beyond Resource Limitations

III. The Medical-Legal Gap: History of Disability Claims Adjudication ... A. The Rise and Fall of the Treating Physician Rule … B. The Search for Accuracy and Consistency: Regulatory and Contractual Amendments

IV. The Medical-Legal Gap: Physician Perspectives vs. Legal Requirements ... A. Medical Definitions vs. Legal Definitions ... B. Medical Records: Doctor Goals vs. Legal Documentation Requirements ... C. Evidentiary Standards: The Legal Myth of Medically Objective Evidence ... D. Medical Records Revisited: Medical Follow-up vs. Legal Reviews

V. The Gap Widens: The Rise in Judicial Support of Nontreating Physician Evidence …

Legal Education In Transition: Trends And Their Implications, Sheldon Krantz, Michael Millemann

Nebraska Law Review

In Part I, we briefly describe what the critics are saying about legal education and steps the regulators are taking to stimulate what they perceive to be needed reforms. In Part II, we provide an overview of reforms now underway or in development in the first year; developments in experiential courses and programs in upper-level curricula; the emergence of some programs of specialization; the movement to add practice-based courses to the third year; and the creation of post-J.D. transition programs. In Part III, we propose an agenda for law faculties in the strategic planning that law schools should now be …

Civil Justice Initiative: The Landscape Of Civil Litigation In State Courts, Paula Hannaford-Agor, Scott Graves, Shelley Spacek Miller

Faculty Publications

This study was undertaken to inform the deliberations of the Conference of Chief Justices (CCJ) Civil Justice Improvements Committee as it developed recommendations based on evidence-based practices to improve civil case processing in state courts. Much of the debate concerning the American justice system focuses on procedural issues that add complexity to civil litigation, resulting in additional cost and delay and undermining access to justice. Many commentators are alarmed by the increasing privatization of the civil justice system and particularly by the dramatic decline in the rates of civil bench and jury trials. In addition, substantially reduced budgetary resources since …

Experience The Future: Papers From The Second National Symposium On Experiential Education In Law: Alliance For Experiential Learning In Law, Christine N. Cimini, Roberto L. Corrada, Myra Berman, Christine E. Cerniglia, Katherine R. Kruse

Articles

On June 13-15, 2014 the Second National Symposium on Experiential Educa­tion in Law took place in Greensboro, North Carolina. The Alliance for Experi­ential Learning in Law and Elon University School of Law hosted the symposium, with the support of Northeastern University School of Law. Presenters included professors and practitioners across multiple disciplines, in­cluding business, medicine, and architecture, and they shared their insights about the value of experiential education in their fields. Working from the Alliance for Experiential Learning in Law also presented their findings and distributed a set of working papers, which eventually culminated into this report. The report covers …

Richmond Law Magazine: Winter 2015

Richmond Law Magazine

Features:

Traces of Ourselves

A Librarian and His Muse

The Long Game