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2016

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Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 25, No. 1 (Fall 2016), Dale Margolin Cecka Jan 2016

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 25, No. 1 (Fall 2016), Dale Margolin Cecka

Law Faculty Publications

What You Do and Do Not Learn in Law School: A Family Law Associate’s Perspective

Hiring and Supervising New Lawyers: A Family Law Partner’s Perspective

Chair’s Column

Law Faculty News and News and Events Around the Commonwealth

Call for Nomination: William R. Rakes Leadership in Education Award

2016-2017 Board of Governors


Pro Bono At University Of Richmond School Of Law, Tara L. Casey Jan 2016

Pro Bono At University Of Richmond School Of Law, Tara L. Casey

Law Faculty Publications

“Pro bono” is often the first legal Latin that a law student learns, before other courses come in with their res ipsa loquitur and in flagrante delicto. The reason for this primacy is the greater emphasis law schools have placed upon pro bono programming in the past ten to fifteen years.


Inmate Legal Information Requests Analysis: Empirical Data To Inform Library Purchases In Correctional Institutions, Kimberli Kelmor Jan 2016

Inmate Legal Information Requests Analysis: Empirical Data To Inform Library Purchases In Correctional Institutions, Kimberli Kelmor

Georgetown Law Faculty Publications and Other Works

The introduction of legal content to Google Scholar made United States case law and law journal articles accessible to an unprecedented extent. With case law freely available and accurate bibliographic information for articles, could Google Scholar be accurate and complete enough for correctional institutions to forgo purchasing either print publications or fee-based services for these materials? This article empirically assesses whether Google Scholar can reliably answer the questions of inmates in a correctional facility, the Baltimore City Detention Center. As a comparison, the same questions are tested in Westlaw Correctional, a subscription database marketed to correctional institutions.


Transfer Pricing Challenges In The Cloud, Orly Mazur Jan 2016

Transfer Pricing Challenges In The Cloud, Orly Mazur

Faculty Journal Articles and Book Chapters

Cloud computing - the provision of information technology resources in a virtual environment - has fundamentally changed how companies operate. Companies have quickly adapted by moving their businesses to the cloud, but international tax standards have failed to follow suit. As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment. One particular area that raises perplexing tax issues is the transfer pricing rules. The transfer pricing rules set forth the intercompany price a cloud service provider must charge an affiliate using its cloud services, which ultimately affects in which jurisdiction …


Graduate Catalog, 2016-2017, University Of South Florida St. Petersburg. Office Of Graduate Studies Jan 2016

Graduate Catalog, 2016-2017, University Of South Florida St. Petersburg. Office Of Graduate Studies

Graduate Catalogs

No abstract provided.


Civil Government Lawyers In South Africa, Jonathan Klaaren Jan 2016

Civil Government Lawyers In South Africa, Jonathan Klaaren

NYLS Law Review

No abstract provided.


The Next Fifteen Years, Melynda Barnhart Jan 2016

The Next Fifteen Years, Melynda Barnhart

NYLS Law Review

No abstract provided.


Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini Jan 2016

Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini

Cardozo Journal of Equal Rights & Social Justice

The symposium explores the challenges and opportunities for advancing gender equality through legal reforms, particularly focusing on the Equal Rights Amendment (ERA) and the intersectionality of women's rights with other social justice movements. It emphasizes the need for a more inclusive and systemic approach to addressing gender inequalities, highlighting both the historical struggles within the feminist movement and the contemporary barriers to achieving substantive equality. The discussion underscores the importance of constitutional and legislative reforms, such as the ratification of the ERA, to address ongoing disparities in pay, representation, and access to reproductive rights.


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law Jan 2016

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.


Equality Before The Law? Evaluating Criminal Case Outcomes In Canada, Michael Trebilcock, Albert Yoon Jan 2016

Equality Before The Law? Evaluating Criminal Case Outcomes In Canada, Michael Trebilcock, Albert Yoon

Osgoode Hall Law Journal

One of our most strongly held ideals is that individuals receive equal treatment under the law. Incidents of wrongful conviction or wide disparities in sentencing, however, challenge this premise. While legal scholars have recently examined this premise, our understanding remains largely normative or anecdotal. Scholars have begun to identify factors that influence legal outcomes, yet this question has remained largely unexplored in Canada. This article seeks to advance this inquiry. Using unique data from both the Ontario courts and Legal Aid Ontario during 2007–2013, we find that outcomes in routine criminal cases vary in ways not summarily explained by differences …


Louisiana Small Business: The Influence Of Selected Demographic And Perceptual Factors On The Extent Of Strategic Planning, Edward A. Gibbons, Iii Jan 2016

Louisiana Small Business: The Influence Of Selected Demographic And Perceptual Factors On The Extent Of Strategic Planning, Edward A. Gibbons, Iii

LSU Doctoral Dissertations

The primary purpose of this study was to determine the influence of selected factors that influence small business owners’ perceived obstacles to strategic planning in Louisiana small businesses. This study was guided by five research objectives. To achieve the study purpose, the researcher developed The Perceived Obstacles to Strategic Planning Inventory, which consisted of four scales, measuring perceptions using a six point Likert-type response scale in addition to various demographic factors. An important finding was that of the 70 respondents, only 34.3% had a written long-term plan and the majority (67.1%) of respondents fell below a four on the interpretive …


Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant Jan 2016

Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant

Journal Publications

This Article examines the ethical dilemmas faced by attorneys who represent clients suffering from Alzheimer's disease. To do so, this Article raises three (3) hypothetical case studies,and applies the ABA Model Rules of Professional Conduct, and the American College of Trust and Estate Counsel ("ACTEC") Commentaries, where appropriate, to those hypothetical case studies. Additionally, this Article proposes initiatives to ameliorate the lack of awareness and discussion of Alzheimer's disease in the law school curriculum, and finally, modest initiatives that the practicing bar can embrace to further a discussion and awareness among practicing attorneys about the ethical dilemma attorneys face in …


No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle With Ineffective Assistance Of Counsel Language Access Claims, Maria Pabon Lopez, Jessica Salafia Jan 2016

No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle With Ineffective Assistance Of Counsel Language Access Claims, Maria Pabon Lopez, Jessica Salafia

Santa Clara Law Review

No abstract provided.


Everyone Makes Mistakes: Attorney's Fee Recovery In Legal Malpractice Suits, Sande L. Buhai Jan 2016

Everyone Makes Mistakes: Attorney's Fee Recovery In Legal Malpractice Suits, Sande L. Buhai

St. Mary's Journal on Legal Malpractice & Ethics

This Article argues that the American Rule should be changed for legal malpractice suits because the attorney–client relationship is the quintessential fiduciary relationship and because of the added concern of unequal information available to each party as a result of the large disparity in power. Attorneys must abide by ethical rules and owe fiduciary duties to their clients, which include the duties of competence, diligence, and loyalty. Because it is this very relationship that distinguishes legal malpractice suits from an ordinary lawsuit, awarding attorney’s fees to the damaged plaintiff client helps maintain fiduciary relationships and furthers the interests of justice. …


2016-2017 School Year, St. Mary's University School Of Law Jan 2016

2016-2017 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.


The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan Jan 2016

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Publications

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and statelevel legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government-as a unitary entity-and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and state …


Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law Jan 2016

Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law

Washington and Lee Law Review

No abstract provided.


Rationed Justice, Jennifer M. Smith Jan 2016

Rationed Justice, Jennifer M. Smith

Journal Publications

In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.


Data, Data, Data, Mary Whisner Jan 2016

Data, Data, Data, Mary Whisner

Librarians' Articles

The legal profession often requires extensive data for everything from simple statistical questions to large-scale empirical research projects. Ms. Whisner discusses some of her favorite sources for finding and evaluating statistics.


The Luckiest Human On The Face Of The Earth, John Burman Jan 2016

The Luckiest Human On The Face Of The Earth, John Burman

Wyoming Law Review

No abstract provided.


Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer Jan 2016

Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer

Richmond Journal of Law & Technology

Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.


Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines Jan 2016

Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines

Faculty Works

No abstract provided.


Peeking Inside The Black Box: A Preliminary Survey Of Technology Assisted Review (Tar) And Predictive Coding Algorithms For Ediscovery, Shannon Brown Jan 2016

Peeking Inside The Black Box: A Preliminary Survey Of Technology Assisted Review (Tar) And Predictive Coding Algorithms For Ediscovery, Shannon Brown

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles Jan 2016

Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles

Emory Law Journal

In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The implications of this wealth gap reverberate across the socio-legal landscape, but nowhere is the gap more glaring than in the civil docket, where litigation¿particularly class actions brought by or on behalf of low-income consumers and employees¿is on the verge of disappearing. The unavailability of class litigation is disproportionately more harmful to low-income groups than any other legal impairment, for a number of reasons. As contemporary judges see fewer civil cases brought by or on behalf of poor people, one …


Case Ip Law News, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts Jan 2016

Case Ip Law News, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 3, #1

  • Alumnus lands dream job with sports agency for LeBron James
  • Rising 3L Justin Dillon trades guitar for entertainment law career
  • Donor Recognized for Support to Create New IP Venture Clinic Suite
  • WIPO Lab analyzes case studies on herbs, fruit, yoga
  • Meet Deepa Mishra, first graduate of the Masters in Patent Practice program
  • Students experience the legal side of sports and entertainment through Great Lakes Law Academy
  • From Idea to Commercialization: About the IP Venture Clinic
  • Prof. Craig Nard’s articles among most-cited
  • Native American Tribes’ & Nations’ Rights to their IP explored during Spangenberg-sponsored lectures
  • Faculty Updates


In Brief Jan 2016

In Brief

In Brief

Table of Contents

  • An Update from the Deans: Q & A
  • U.S. News Names CWRU Top Innovator
  • Seven Law Students Sweep Top National and International Awards
  • The Paths Not Taken
  • Robert Triozzi '82 Returns to Public Interest Roots as Cuyahoga County's Newest Law Director
  • Mark Griffin '94 Returns for Second Term as Cuyahoga County's Inspector General
  • Fighting the Good Fight
  • Passion for Service
  • Alumna with an Eye on Latin America Named Managing Partner...
  • Alumnus Puts Litigation Skills to Work at the International Criminal Court
  • CWRU Law Alumni Prepare for China, Their Third U.S. Embassy Post
  • Recent Graduates Join Health Care …


Clinical Legal Education’S Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain Jan 2016

Clinical Legal Education’S Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

NYLS Law Review

No abstract provided.


Legal Education In South Africa: Harmonizing The Aspirations Of Transformative Constitutionalism With Our Educational Legacy, Lesley Greenbaum Jan 2016

Legal Education In South Africa: Harmonizing The Aspirations Of Transformative Constitutionalism With Our Educational Legacy, Lesley Greenbaum

NYLS Law Review

No abstract provided.


An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias Jan 2016

An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias

NYLS Law Review

No abstract provided.


The New Aesthetic And Art: Constellations Of The Postdigital, Scott Contreras-Koterbay, Łukasz Mirocha Jan 2016

The New Aesthetic And Art: Constellations Of The Postdigital, Scott Contreras-Koterbay, Łukasz Mirocha

ETSU Authors Bookshelf

The case for the new aesthetic -- Manifestations of the new aesthetic -- Glitch ontology and the new aesthetic -- Setting the stage : the new precursorsand boundaries for a new aesthetic art -- Letting go : new aesthetic artists and the new aesthetic art that works -- Teleology and the new aesthetic -- Conclusion -- References -- Biographies.

"The new aesthetic and art: constellations of the postdigital is an interdisciplinary analysis focusing on new digital phenomena at the intersections of theory andcontemporary art. Asserting the unique character of New Aesthetic objects, Contreras-Koterbay and Mirocha trace the origins of the …