Digital Commons Network^™

A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi

Hofstra Law Review

The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …

Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton

Hofstra Law Review

No abstract provided.

The Watchman Blinded: Does North Carolina Public Records Law Frustrate The Purpose Of Police Body Worn Cameras, Brian Liebman

North Carolina Law Review

No abstract provided.

Disruptive Innovation: New Models Of Legal Practice, Joan C. Williams, Aaron Platt, Jessica Lee

UC Law Journal

For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group went, until recently. This is perhaps the first attempt at a comprehensive review of a wide variety of new business organizations that have arisen in recent years to remedy the market’s failure to deliver business organizations responsive to the complaints of either lawyers or of clients. The “New Models of Legal Practice” described here typically offer a new value proposition for lawyers and clients. For lawyers, New Models offer …

Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney

Faculty Scholarship

In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.

State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van

Faculty Scholarship

With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.

Compiling city, county, and state …

Attitudes Of Employers Toward Exceptional Students (Ages 14-17) In Vocational Education Programs, Eunice A. Ervin

OTS Master's Level Projects & Papers

The purpose of this study was to evaluate attitudes towards exceptional education students participating in vocational employment internships within Prince William County public high schools.

Children In Need Of Services: Toward A More Coherent Approach To Protecting New Jersey's Children And Families, John M. Cannel, Esq., Laura C. Tharney, Esq.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Case Watch: Royston, Rayzor, Vickery & Williams Llp V. Lopez, Ramona L. Lampley

Faculty Articles

The Texas Supreme Court effectively gave a “thumbs-up” to attorney-client arbitration agreements in Royston, Rayzor, Vickery, & Williams, LLP v. Lopez, 467 S.W.3d 494 (Tex. 2015), reh’g denied (Sept. 11, 2015). The plaintiff, Frank Lopez, hired Royston, Rayzor to represent him in a divorce. As part of the representation agreement, Lopez agreed to arbitrate any disputes arising out of the attorney-client relationship, but the law firm excluded from the arbitration agreement any claims it might have against Lopez for expenses or fees. Lopez later sued Royston, Rayzor and the firm moved to compel arbitration.

Lopez contended that the arbitration agreement …

Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney

Hofstra Law Review

No abstract provided.

Assessing Public Sector Reform Impacts On Domestic Violence Service Delivery, Beth M. Rauhaus

Wagadu: A Journal of Transnational Women's & Gender Studies

This research applies the theoretical notions of representative bureaucracy and the feminization of poverty to cases of domestic violence involving women to explore how states may adequately address their needs. It further explores how partnerships with non-governmental organizations may meet the needs of vulnerable populations.

Annual Report Fy 2014-15, Tennessee. Department Of Children's Services.

Department of Children's Services

No abstract provided.

Ravin Revisited: Alaska's Historic Common Law Marijuana Rule At The Dawn Of Legalization, Jason Brandeis

Alaska Law Review

For the past forty years, Alaska has had one of the most unique marijuana laws in the United States. Under the Ravin Doctrine, adults in Alaska could use and possess a small amount of marijuana in their homes for any personal purpose. That common law rule, grounded in the Alaska Constitution's explicit right of privacy, was effectively codified in November 2014 when Alaska voters approved Ballot Measure 2: "An act to tax and regulate the production, sale, and use of marijuana." Measure 2 ushered in a new era of marijuana regulation, adding Alaska to the short list of states that …

Alaska: North To The Future Of Federal Marijuana Regulation, Angela Macdonald

Alaska Law Review

The personal freedom Alaskans not only expect, but rely upon, exposes a significant need for federal cooperation in the reformation of marijuana laws, including the removal or reclassification of marijuana in the Controlled Substances Act. This Comment summarizes this issue in light of Alaska’s recent recreational marijuana legalization. In doing so, elements unique to Alaska and their likely influence on the state's upcoming marijuana legislation; the history and evolution of Alaska marijuana laws; and the scholarly literature on Alaska marijuana law regarding the tensions between federal and state marijuana regulation are discussed. This Comment proposes that marijuana be removed from …

Determining If Custodial Grandparents Of Pre-K - Third Grade Students Perceive Delivery Of Information And Services Offered As Effective In Decreasing Early Chronic Absence, Kimberly S. Cassidy

Electronic Theses and Dissertations

This study examined the delivery of information and services offered to grandparents who had become the primary caregivers of pre-k through third grade students to determine if the information and services were effective in decreasing chronic early absence as defined by Chang and Romero (2008). This mixed-method, multi-case study focused on the perceived needs of custodial grandparents and examined if the school system was meeting their needs through delivery of information and services. The researcher sought participation from 5 custodial grandparents who had grandchildren in pre-k, kindergarten, first, second, or third grades in a Northeast Tennessee school system and whose …

Bragging Rights Restored: The Third Circuit Allows Attorneys To Quote Complimentary Remarks From Judicial Opinions For Advertising In Dwyer V. Cappell, Nicole Holden

Villanova Law Review (1956 - )

No abstract provided.

Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore

UNLV Theses, Dissertations, Professional Papers, and Capstones

The lofty idea of equal justice for all is not the reason legal aid began in the United States. Legal aid was born from the indignation over injustices committed against the poor. Unable to afford an attorney, the poor could not effectively assert their rights within the criminal and civil justice system. Without access to justice through the courts, the extralegal activities required to defend oneself and exact justice such as personally forcing an employer to pay rightful wages, are deemed criminal in most cases. By providing legal resources to the poor, legal aid not only brought order to society …

Confining Control: Narrowing The "Control" Standard Under New York's Mental Hygiene Law Article 10, Michael Maizel

Cardozo Law Review

No abstract provided.

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …

The Statesman, V. 59, I. 13, Stony Brook University

Stony Brook Statesman-Sucolian

v.59;i.13

Immigration Federalism As Ideology: Lessons From The States, Lina Newton

Publications and Research

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and …

Volume 89, Issue 7 (2015)

Obiter Dicta

No abstract provided.

The Statesman, V. 59, I. 12, Stony Brook University

Stony Brook Statesman-Sucolian

v.59;i.12

The Murray Ledger And Times, November 23, 2015, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Boyd Briefs - Nov. 20, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

The Murray Ledger And Times, November 20, 2015, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Litigation Trolls, W. Bradley Wendel

Cornell Law Faculty Working Papers

Third-party financing of litigation has been described with a variety of unflattering metaphors. Litigation financers have been likened to gamblers in the courtroom casino, loan sharks, vultures, Wild West outlaws, and busybodies mucking about in the private affairs of others. Now Judge Richard Posner has referred to third-party financers as litigation trolls, an undeniably unflattering comparison to patent trolls. But what it is, if anything, that makes third-party financers “trolls”? Legal claims are, for the most part, freely assignable, the proceeds of claims are assignable, and various strangers to the underlying lawsuit, including liability insurers and plaintiffs’ contingency-fee counsel, are …

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

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Comparing The Federal Reserve’S Tlac Proposal To The Fsb Tlac Final Standards, Cleary Gottlieb Steen & Hamilton Llp

Documents

No abstract provided.