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Articles 421 - 450 of 1332
Full-Text Articles in Entire DC Network
Let The Damages Fit The Wrong: An Immodest Proposal For Reforming Personal Injury Damages, Elaine W. Shoben
Let The Damages Fit The Wrong: An Immodest Proposal For Reforming Personal Injury Damages, Elaine W. Shoben
Akron Law Review
Rather than comment on the wisdom of piecemeal reform, this article questions the premise of compensatory damages and takes the position that make-whole recovery is an unnecessary consequence of liability and does not necessarily achieve just results...I propose that civil damages should fit the wrong.6 Compensatory damages should abandon the make-whole premise and be measured by three factors: the degree of the wrongfulness of the tort, the severity of the harm, and the extent to which the risky conduct was directed at the plaintiff—which I call connectedness.
Facing The Klieg Lights: Understanding The "Good Moral Character" Examiniaton For Bar Applicants, Aaron M. Clemens
Facing The Klieg Lights: Understanding The "Good Moral Character" Examiniaton For Bar Applicants, Aaron M. Clemens
Akron Law Review
This Article aims to help secure compliance with each bar’s standards by revealing the typical reasoning behind these rules, as well as how to comply with them. Part II of this Article describes the inception and evolution of the character requirement. Part III outlines the issues that the bar examines to discern character. Part IV proposes methods for applicants to deal with problems areas. Part V contains closing remarks. The best advice for any applicant with concern regarding admission is to contact an attorney familiar with the bar admission process in the targeted jurisdiction. Because “[c]haracter is much easier kept …
Why Lawyers Are Different And Why We Are The Same: Creating Structural Incentives In Large Law Firms To Promote Ethical Behavior - In-House Ethics Counsel, Bill Padding, And In-House Ethics Training, Ronald D. Rotunda
Akron Law Review
In many ways, lawyers are different than other people. In other ways, we are, sadly, so much the same. What we often call “legal ethics” or “professional responsibility” is the law governing the practice of law. This law serves to make us different, but our compliance with it struggles against the fact that we are not born different: we struggle with the same demons as other mortals, and like them, we learn to rationalize our failings. And, when we believe that no one is looking, when we are anonymous, we are more likely to rationalize. The structure of the large, …
The Use Of The Fourteenth Amendment By Salmon P. Chase In The Trial Of Jefferson Davis, C. Ellen Connally
The Use Of The Fourteenth Amendment By Salmon P. Chase In The Trial Of Jefferson Davis, C. Ellen Connally
Akron Law Review
The resulting decision in The Slaughterhouse Cases is one that is still debated and stands as a primary example of an unintended consequence of a constitutional amendment. Although historians and legal scholars have considered a number of the unintended consequences of the Fourteenth Amendment, one result, unforeseen by its proponents, has been totally overlooked... In the legal proceedings that came to be known as United States v. Jefferson Davis, a legal determination was required to determine whether or not Section 3 imposed a simple disqualification or an actual punishment...Could those who pushed for the adoption of the Fourteenth Amendment, those …
Southeastern Law Librarian Summer 2015, Seaall
Dialogue Magazine, Summer 2015
Dialogue Magazine, Summer 2015
Dialogue, the magazine of the DePaul University College of Law
No abstract provided.
Chicago-Kent Magazine - Summer 2015, Iit Chicago-Kent College Of Law
Chicago-Kent Magazine - Summer 2015, Iit Chicago-Kent College Of Law
Chicago-Kent Magazine
No abstract provided.
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Faculty Handbook Section I - General Information - Updated 7/31/15, All Faculty
Faculty Handbook Section I - General Information - Updated 7/31/15, All Faculty
Faculty Handbooks
No abstract provided.
Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, Alan K. Chen
Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, Alan K. Chen
Sturm College of Law: Faculty Scholarship
For nearly two decades consumer protection laws have grown tremendously, with a corresponding expansion in the range of activities which fall within the scope of such laws. From the earliest notions of common law fraud in simple sales transactions has evolved a conglomeration of statutes, administrative rules and case law which is directed at the protection of the consumer from the point of initial solicitation or advertising to the post-sale matters of debt collection. Of particular interest in past years has been a common method of collecting allegedly overdue consumer debts which involves thecreditor, who may often be the seller …
Access To Justice In The Show-Me State: Meeting The Civil Legal Needs Of Low-Income Missourians, Melissa C. Emerson
Access To Justice In The Show-Me State: Meeting The Civil Legal Needs Of Low-Income Missourians, Melissa C. Emerson
Missouri Policy Journal
Access to justice is a fundamental component of a healthy democracy. There is no right to an attorney in most civil legal cases in the United States, which has led to a growing justice gap. The availability of civil legal aid is largely dependent on where one is situated geographically. This article examines the current civil legal aid landscape in the state of Missouri, highlighting the funding sources, legal aid delivery mechanisms, and pro bono service among Missouri attorneys. Policy recommendations are provided that could serve to narrow the justice gap in the state.
My Last Lecture: More Unsolicited Advice For Future And Current Lawyers, John M. Lande
My Last Lecture: More Unsolicited Advice For Future And Current Lawyers, John M. Lande
Journal of Dispute Resolution
For quite a while, I have been writing and teaching to prepare students realistically for legal practice. This article distills my thinking into a concise presentation. I wrote this article primarily for law students as they contemplate their careers, but I hope it will be of value to lawyers as well. Hopefully, it will whet your appetite to pursue these ideas more deeply by reading some of the sources cited in the footnotes.
Panel On Sex Trafficking (Transcript), Aziza Ahmed, Cyra Choudhury (Moderator), Sienna Baskin, Sandy Skelaney
Panel On Sex Trafficking (Transcript), Aziza Ahmed, Cyra Choudhury (Moderator), Sienna Baskin, Sandy Skelaney
University of Miami Race & Social Justice Law Review
No abstract provided.
Analysis Of The Judicial And Legislative Approach On Acid Attack Survivors In India, Ajita Tandon
Analysis Of The Judicial And Legislative Approach On Acid Attack Survivors In India, Ajita Tandon
National Law School Journal
The present research paper aims to shed light on the immensely traumatic experience of an acid attack victim – right from the difficulty in getting medical aid, to obtaining adequate compensation, to getting justice. In spite of the fact that these victims are victims of one of the most gruesome forms of assault, the Government and Judiciary have remained largely apathetic to their plight. However, in recent times, there has bun a marked change in both the legislative and judicial approach. The paper seeks to focus on this shift. highlighting both the negative and positive aspects involved In Laxmi v. …
Plenary 4—Mobilization (Transcript), Caroline Bettinger-López, Quanita Toffee (Moderator), Terra Slavin, Nan Stoops, Cindy Wiesner
Plenary 4—Mobilization (Transcript), Caroline Bettinger-López, Quanita Toffee (Moderator), Terra Slavin, Nan Stoops, Cindy Wiesner
University of Miami Race & Social Justice Law Review
No abstract provided.
“Usually It’S Something In The Writing”: Reconsidering The Narrative Requirement For Protection Order Petitions, Alesha Durfee
“Usually It’S Something In The Writing”: Reconsidering The Narrative Requirement For Protection Order Petitions, Alesha Durfee
University of Miami Race & Social Justice Law Review
No abstract provided.
Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo
Advancing A Human Rights Framework To Reimagine The Movement To End Gender Violence, Rosie Hidalgo
University of Miami Race & Social Justice Law Review
No abstract provided.
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh Goodmark
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh Goodmark
University of Miami Race & Social Justice Law Review
No abstract provided.
Transportation Network Companies: How Should South Carolina Adjust Its Regulatory Framework, Emily Dobson
Transportation Network Companies: How Should South Carolina Adjust Its Regulatory Framework, Emily Dobson
South Carolina Law Review
No abstract provided.
The Grand Poobah And Gorillas In Our Midst: Enhancing Civil Justice In The Federal Courts—Swapping Discovery Procedures In The Federal Rules Of Civil And Criminal Procedure And Other Reforms Like Trial By Agreement, Mark W. Bennett
Nevada Law Journal
No abstract provided.
Just In Time Research: Rural & Remote Access To Justice: Application Research, Canadian Forum On Civil Justice
Just In Time Research: Rural & Remote Access To Justice: Application Research, Canadian Forum On Civil Justice
Canadian Forum on Civil Justice
This memo provides a survey of smartphone applications that might serve as useful reference points for the development of a rural access to justice app. It is hoped that such an application could help “address the rural conundrum” by using natural language, issue identification, resource listing and mapping, as well as data tracking and sharing to improve access to justice in Canada’s remote communities. By sorting through the “shopping list” of suggested features and functionality provided by the Boldness Project, and by searching for similar use cases, a number of applications came forward as potential sources of inspiration.
Post-9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts
Post-9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts
Faculty Articles
No abstract provided.
A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson
A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson
University of Arkansas at Little Rock Law Review
No abstract provided.
Justice In The Hinterlands: Arkansas As A Case Study Of The Rural Lawyer Shortage And Evidence-Based Solutions To Alleviate It, Lisa R. Pruitt, J. Cliff Mckinney, Bart Calhoun
Justice In The Hinterlands: Arkansas As A Case Study Of The Rural Lawyer Shortage And Evidence-Based Solutions To Alleviate It, Lisa R. Pruitt, J. Cliff Mckinney, Bart Calhoun
University of Arkansas at Little Rock Law Review
No abstract provided.
Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur
Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur
University of Arkansas at Little Rock Law Review
No abstract provided.
From Market Failure To 100% Access: Toward A Civil Justice Continuum, John M. Greacen, Amy Dunn Johnson, Vincent Morris
From Market Failure To 100% Access: Toward A Civil Justice Continuum, John M. Greacen, Amy Dunn Johnson, Vincent Morris
University of Arkansas at Little Rock Law Review
No abstract provided.
I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan
I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan
Indiana Law Journal
This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.