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2016

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Articles 1081 - 1110 of 1268

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Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller Jan 2016

Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller

The University of New Hampshire Law Review

[Excerpt] "While many private sector attorneys offer pro bono legal services that reflect the same level of diligence and skill characteristic of the work done on behalf of their paying clients, the egregious failures described in the MC v. GC case and those that occur in many unreported matters highlight the dangers of pro bono initiatives designed to bridge the “access to justice gap.” As used here, the term “justice gap” refers to the chasm between the need for legal representation in civil disputes and public interest attorneys available to serve poor and working class clients. Justice gap pro bono …


Annual Report Fiscal Year 2014-2015, Tennessee. Department Of Human Services. Jan 2016

Annual Report Fiscal Year 2014-2015, Tennessee. Department Of Human Services.

Annual Report

No abstract provided.


Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou Jan 2016

Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou

Marquette Benefits and Social Welfare Law Review

The psycho-legal concept of “rights apathy” is developed in

this Essay as an underlying factor of the very low rate of

incidence of workplace discrimination lawsuits filed in China,

despite an increasingly elaborate legal framework “on paper”

and workers’ rising awareness of their legal rights under

anti-discrimination laws. “Rights apathy” is underpinned by the

notions of “frustration” and “learned helplessness,” depicting the

indifference of workers in exercising their legal rights before a

tribunal or court. A number of institutional problems, namely

defects in existing anti-discrimination provisions, judicial

practices, and contradictions in other laws, policies, and

practices, can contribute to the …


Bankruptcy And Unbundling: Oil And Water, Gary E. Sullivan, Jessica M. Zorn Jan 2016

Bankruptcy And Unbundling: Oil And Water, Gary E. Sullivan, Jessica M. Zorn

Articles

No abstract provided.


Impact Of Support Groups On Kinship Care Providers : A Project Based On An Investigation At Community Coalition, Los Angeles, California, Judith Farber Weissman Jan 2016

Impact Of Support Groups On Kinship Care Providers : A Project Based On An Investigation At Community Coalition, Los Angeles, California, Judith Farber Weissman

Theses, Dissertations, and Projects

The purpose of this study was to explore how peer support groups influence kinship care providers’ (KCPs’) sense of self-worth and empowerment, and how they impact KCPs’ ability to advocate on behalf of the children in their care. Few studies to date have examined self-worth in the realm of KCPs’ parenting issues of guilt and regret, nor have they explored whether support group participation encourages relearning parenting skills and therefore instills a sense of empowerment. Although the majority of KCPs in the United States are informal care providers, most prior research on this population focused on formal kinship care providers; …


Service Speaks 2016, Service Speaks Committee, Depaul University Jan 2016

Service Speaks 2016, Service Speaks Committee, Depaul University

Service Speaks

Service Speaks is an annual conference that demonstrates the multitude of ways DePaul students work with community partners to advance social justice causes in Chicago communities. Each academic year, over 200 courses and programs send students into the community to lift up the assets of our community partners through community-based service learning (CbSL) and project-based classes, community internships and community-based research. These connections result in mutually beneficial outcomes for the community organization and provide transformational experiences for our students.


Small Business Strategies For Sustainability Beyond 10 Years, Gabriel E. Warren Jan 2016

Small Business Strategies For Sustainability Beyond 10 Years, Gabriel E. Warren

Walden Dissertations and Doctoral Studies

Small businesses are vital to the health of the United States economy, as they account for approximately 50% of all jobs and 99% of all firms. Historically, there has been a problem with small businesses being able to sustain their operation beyond 10 years. The purpose of this multiple case study was to explore the business strategies some small business owners used to sustain their company beyond 10 years of operation. The sample consisted of 3 small business owners who have been in operation for 10 or more years in Birmingham, Alabama. The conceptual framework for this study was the …


Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski Jan 2016

Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski

Touro Law Review

No abstract provided.


A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik Jan 2016

A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik

Touro Law Review

No abstract provided.


"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado Jan 2016

"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado

Touro Law Review

No abstract provided.


La Gran Lucha: Latina And Latino Lawyers, Breaking The Law On Principle, And Confronting The Risks Of Representation, Marc‐Tizoc González Jan 2016

La Gran Lucha: Latina And Latino Lawyers, Breaking The Law On Principle, And Confronting The Risks Of Representation, Marc‐Tizoc González

UC Law Journal of Race and Economic Justice

In a time when people in the United States have been taking to the streets en masse to protest unjust socio‐legal conditions like police brutality and the draconian enforcement of immigration laws, the time is ripe to reconceptualize what it means to break the law on principle. Twenty five years ago, Harvard Law Dean Martha L. Minow conceptualized “the risks of representation” for lawyers whose clients “entertain breaking the law as one of their strategies for achieving social change.” Responding substantively to Minow’s ideas, Houston Law Professor Michael A. Olivas presented three case studies to illuminate the risks of nonrepresentation, …


The Community Listening Project, Faith Mullen Jan 2016

The Community Listening Project, Faith Mullen

Scholarly Articles

This report is the product of an effort of the DC Consortium of Legal Services Providers (“Consortium”) to learn from low income DC residents about the challenges they face and the barriers that prevent them from overcoming poverty by asking them, directly, about their most pressing problems.The Community Listening Project was envisioned as a companion to the DC Access to Justice Commission’s forthcoming report on unmet legal needs of low-income residents of the District of Columbia. Both the Community Listening Project and the Access to Justice Commission’s legal needs study are intended to provide critical information to enable the community, …


Conflict Resolution Processes In End-Of-Life Care Disputes Between Families And Healthcare Providers In Canada, Matthew P. Ponsford Jan 2016

Conflict Resolution Processes In End-Of-Life Care Disputes Between Families And Healthcare Providers In Canada, Matthew P. Ponsford

Dalhousie Journal of Legal Studies

Conflict at the end-of-life, particularly between families and health-care providers, involves many complex factors; differing opinions surrounding a patient’s prognosis, cultural differences, moral values, and religious beliefs, associated costs, internal family dynamics, and of course, legal ramifications. Legislative reform at both the provincial and federal levels with respect to assisted dying has had far-reaching implications for healthcare decisionmaking for families, healthcare providers, religious groups, and others. These reforms provide the backdrop for this paper, which examines the conflict resolution processes that can provide a solution amidst an often stressful, costly, and time-consuming ordeal. This paper reviews several processes, but focuses …


Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Stacy Brustin, Lisa Vollendorf Martin Jan 2016

Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Stacy Brustin, Lisa Vollendorf Martin

Scholarly Articles

Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys represent the state’s ostensible interests in ensuring that children are financially supported and in preventing welfare dependence; they do not represent individual parents. The outcomes of child support proceedings have profound, long-term constitutional and financial implications for parents, yet litigants rarely understand their rights or the role of the government.

Originally, the goal of state child support enforcement efforts was to recapture the costs of welfare expenditures. In 1990, two-thirds of cases …


The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson Jan 2016

The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson

Articles by Maurer Faculty

The number of lawyers working for large U.S. law firms has increased dramatically. One important manifestation of this is the growing network of branch offices. Informed by three theories of spatial change—law firms (i) following the geographic expansion of their clients, relying on (ii) traditional agglomeration economies and relying on (iii) agglomeration benefits emerging from a location’s connectivity to other important geographies— we analyze longitudinal data on large U.S. law firms and the global urban network in which they are embedded. We find that, after the late 2000s, geographic expansion was less connected to organic market growth in U.S. domestic …


Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello Jan 2016

Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello

Articles

No abstract provided.


How We Prosecute The Police, Kate Levine Jan 2016

How We Prosecute The Police, Kate Levine

Faculty Publications

Police brutality is at the center of a growing national conversation on state power, race, and our problematic law enforcement culture. Focus on police conduct, in particular when and whether it should be criminal, is on the minds of scholars and political actors like never before. Yet this new focus has brought up a host of undertheorized questions about how the police are treated when they become the subject of criminal prosecutions.

This Article is part of a larger project wherein I examine the ways in which criminal procedure is different for the police than other suspects. Here, my focus …


Lawyers’ Obligations When Representing Clients With Diminished Capacity, Elissa Germaine Jan 2016

Lawyers’ Obligations When Representing Clients With Diminished Capacity, Elissa Germaine

Faculty Publications

(Excerpt)

Lawyers have a significant role to play in protecting clients with diminished capacity from financial exploitation. PIABA members, in particular, see the issue from a unique vantage point – usually after a person with diminished capacity (or a family member or concerned third party) notices a drop in value in his or her brokerage account and approaches the lawyer to help figure out what happened in the account and, if appropriate, to pursue a claim to recover damages. As such, members must understand their own obligations as lawyers to clients with diminished capacity, obligations that apply in the context …


Rebellious Pedagogy And Practice, Anthony V. Alfieri Jan 2016

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …


American Legal Education, Skills Training, And Transnational Legal Practice: Combining Dao And Shu For The Global Practitioner, Michael A. Simons, Margaret E. Mcguinness Jan 2016

American Legal Education, Skills Training, And Transnational Legal Practice: Combining Dao And Shu For The Global Practitioner, Michael A. Simons, Margaret E. Mcguinness

Faculty Publications

Transnational law subjects have become an integral part of U.S. law school curricula, and international students are vital members of our law school communities. However, to adequately prepare lawyers more effectively for global legal practice, law schools must integrate skills training into the teaching of transnational law. This essay discussing one comparative approach follows a recent symposia addressing current issues facing global legal education, and China’s reform programs for legal education.


The Next Fifteen Years, Melynda Barnhart Jan 2016

The Next Fifteen Years, Melynda Barnhart

Articles & Chapters

No abstract provided.


A New Proposal To Address Local Voting Discrimination, Cody Gray Jan 2016

A New Proposal To Address Local Voting Discrimination, Cody Gray

University of Richmond Law Review

No abstract provided.


2015 Annual Report, Tennessee. Department Of Financial Institutions. Jan 2016

2015 Annual Report, Tennessee. Department Of Financial Institutions.

Department of Financial Institutions

No abstract provided.


Table Of Contents Jan 2016

Table Of Contents

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About The State Of Access To Justice Research, Elizabeth Chambliss, Renee Newman Knake, Robert L. Nelson Jan 2016

What We Know And Need To Know About The State Of Access To Justice Research, Elizabeth Chambliss, Renee Newman Knake, Robert L. Nelson

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Gamification And Online Engagement, Stephanie Kimbro Jan 2016

What We Know And Need To Know About Gamification And Online Engagement, Stephanie Kimbro

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel Jan 2016

What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Law School Incubators, John Christian Waites, Fred Rooney Jan 2016

What We Know And Need To Know About Law School Incubators, John Christian Waites, Fred Rooney

South Carolina Law Review

No abstract provided.


Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur Jan 2016

Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur

South Carolina Law Review

No abstract provided.


Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck Jan 2016

Lessons Learned By An Interdisciplinary Research Team Evaluating Medical-Legal Partnership With The Department Of Veterans Affairs, Margaret Middleton, Jack Tsai, Robert Rosenheck

South Carolina Law Review

No abstract provided.