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2016

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Avvo V. Liang, District Of Arizona Jan 2016

Avvo V. Liang, District Of Arizona

Historical and Topical Legal Documents

No abstract provided.


Grupo Cultural Afroreggae V. Google, Inc., California Superior Court Jan 2016

Grupo Cultural Afroreggae V. Google, Inc., California Superior Court

Historical and Topical Legal Documents

No abstract provided.


Quasi-Public Spending, John R. Brooks Jan 2016

Quasi-Public Spending, John R. Brooks

Georgetown Law Faculty Publications and Other Works

The United States has increasingly designed certain public spending programs not as traditional tax-financed programs, but rather as mixtures of private expenditures, subsidies, and limited taxes. Thus part of what could have gone to the government as a tax is instead used to purchase the good or service directly, with only incremental taxes and subsidies to manage distributional goals. This Article terms this “quasi-public spending,” and argues that it is descriptive of our evolving approaches to both health care and higher education. Based on this observation, the Article defines and analyzes quasipublic spending and compares it to both traditional public …


Creating Space For Silence In Law School Collaborations, A. Rachel Camp Jan 2016

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work – has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work …


Panel I: Fleeing Violence From Latin America, Olga Byrne, Elizabeth Carlson, Walter Ewing, Alice Farmer, Tiffany Nelms, Teresa Woods Jan 2016

Panel I: Fleeing Violence From Latin America, Olga Byrne, Elizabeth Carlson, Walter Ewing, Alice Farmer, Tiffany Nelms, Teresa Woods

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Is Legal Action The Right 'Idea' : An Examination Of Client-Based Legal Action And Its Effects On Organizational Responses To The Individuals With Disablities Education Act Of 2004 (Idea), Maureen A. Lowry-Fritz Jan 2016

Is Legal Action The Right 'Idea' : An Examination Of Client-Based Legal Action And Its Effects On Organizational Responses To The Individuals With Disablities Education Act Of 2004 (Idea), Maureen A. Lowry-Fritz

Graduate Research Theses & Dissertations

The Individuals With Disabilities Education Act of 2004 (IDEA) is a piece of federal legislation that directs schools and districts to provide students with disabilities a "free appropriate public education." It contains numerous legal tools that parents can use to compel schools to develop appropriate educational programming for their children. But does parent-initiated legal action actually cause schools and districts to change their behavior? And if so, does the change in behavior affect the educational outcomes of students with disabilities? This dissertation attempts to answer those questions and determine whether law influences organizational behavior and if it does, whether it …


When A Tribal Entity Becomes A Nation: The Role Of Politics In The Shifting Federal Recognition Regulations, Lorinda Riley Jan 2016

When A Tribal Entity Becomes A Nation: The Role Of Politics In The Shifting Federal Recognition Regulations, Lorinda Riley

American Indian Law Review

Before a tribal entity can exercise the privileges and immunities of external sovereign status, they must first be recognized by the United States. For a variety of reasons, some legitimate tribal entities remain unrecognized today. The Department of the Interior has created a federal acknowledgement process under 25 C.F.R. Part 83, providing a procedure for a petitioning Indian entity to establish federal recognition. Reaching beyond a discussion of the overarching federal acknowledgment process this paper delves into the application of politics on the Department of the Interior’s administrative actions. This article explores how each presidential administration has both shaped and …


Defending The Cobell Buy-Back Program, Rebekah Martin Jan 2016

Defending The Cobell Buy-Back Program, Rebekah Martin

American Indian Law Review

No abstract provided.


Raising Capital In Indian Country, Evan Way Jan 2016

Raising Capital In Indian Country, Evan Way

American Indian Law Review

No abstract provided.


Asylum In Crisis: Structural Violence And Refugees In Siracusa, Italy, Adam Kersch Jan 2016

Asylum In Crisis: Structural Violence And Refugees In Siracusa, Italy, Adam Kersch

Electronic Theses and Dissertations

In recent years, unprecedented numbers of migrants have arrived in Italy due to political, religious, ethnic and economic instabilities in West and North Africa and the Middle East. Simultaneously, the Eurozone Crisis and neoliberal austerity measures left the Italian government struggling to administer healthcare and legal services to all migrants. This study investigates the provision of essential services by the Italian state and two non-governmental organizations (NGOs), Emergency and ARCI, respectively providing free medical and legal services, to incoming migrants in Siracusa, Italy. It analyzes migrants' perceptions of these services and evolving goals in Europe. Building upon preliminary fieldwork conducted …


One Percent Procedure, Brooke D. Coleman Jan 2016

One Percent Procedure, Brooke D. Coleman

Faculty Articles

Political rhetoric about the one percent is pervasive, as those with the greatest concentrated wealth prosper and the remaining population stagnates. Because of their affluence, the one percent exercise disproportionate control over political and economic systems. This Article argues that federal civil procedure is similarly a one percent regime. The creme de la creme of the bench and bar, along with equally exclusive litigants, often engage in high-stakes, complex civil litigation. It is this type of litigation that dominates both the elite experience and the public perception of what civil litigation is. This litigation is not particularly common, however; while …


Addressing Social Capital For Disadvantaged Youth: Youth And Teacher Perceptions Of A Youth Development Program In Hong Kong, Robert W. Spires, Jt Cox Jan 2016

Addressing Social Capital For Disadvantaged Youth: Youth And Teacher Perceptions Of A Youth Development Program In Hong Kong, Robert W. Spires, Jt Cox

School of Professional and Continuing Studies Faculty Publications

In this qualitative case study, the perceived impacts of workshops and internships provided by a Hong Kong-based non-governmental organization (NGO) working to improve the lives of disadvantaged youth were explored and descriptively presented. Data were derived from a combination of individual youth and teacher interviews, coupled with a youth focus group. Themes within the findings were developed by exploring individual perceptions of the influence that participation in workshops and internships had on reducing social barriers and addressing social issues for the youth.


Bernstein V. Avvo, Illinois Circuit Court Jan 2016

Bernstein V. Avvo, Illinois Circuit Court

Historical and Topical Legal Documents

No abstract provided.


Teaching Lawyering With Heart In The George Washington University Law School Domestic Violence Project, Joan S. Meier Jan 2016

Teaching Lawyering With Heart In The George Washington University Law School Domestic Violence Project, Joan S. Meier

GW Law Faculty Publications & Other Works

The Domestic Violence Project (DVP) began as an experiment and has become my favorite model for teaching law students about domestic violence work. The heart of the course is its emphasis on developing awareness of and compassion for the personally and emotionally challenging dimensions of this work. I achieve this (i) through a dialogue between students’ journals and my written responses, (ii) by inviting students to produce a creative project, and (iii) by teaching reflexively about vicarious trauma. Many students experience this course as an oasis of holistic professional and personal growth within the often dispiriting experience of law school.


Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg Jan 2016

Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

This Article calls attention to the breakdown of adversary procedure in a largely unexplored area of the civil justice system: the ordinary, two-party case. The twenty-first century judge confronts an entirely new state of affairs in presiding over the average civil matter. In place of the adversarial party contest, engineered and staged by attorneys, judges now face the rise of an unrepresented majority unable to propel claims, facts, and evidence into the courtroom. The adversary ideal favors a passive judge, but the unrealistic demands of such a paradigm in today’s “small case” civil justice system have sparked role confusion among …


Zero Rating And The Holy Grail: Universal Standards For Net Neutrality, Arturo J. Carrillo Jan 2016

Zero Rating And The Holy Grail: Universal Standards For Net Neutrality, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

This chapter challenges the prevailing consensus among most academics, activists and policymakers that uniform normative definitions and standards for net neutrality and zero-rating – the Holy Grail of policymaking - do not yet exist. But it turns out the Holy Grail does exist. Using examples drawn from ongoing experiences in Latin America, I demonstrate that the existing international human rights law framework is an appropriate and adequate source for uniform universal standards on net neutrality. Using case studies from Mexico, Colombia, and Chile, I show how the application of relevant human rights standards contributes to effectively implementing and protecting net …


Adverse Consequences And Constructive Opportunities For Immigrant Youth In Delinquency Proceedings, Theo Liebmann Jan 2016

Adverse Consequences And Constructive Opportunities For Immigrant Youth In Delinquency Proceedings, Theo Liebmann

Hofstra Law Faculty Scholarship

For lawyers representing youth in juvenile delinquency cases, providing sound, knowledgeable counsel on immigration issues can empower clients to make informed decisions and help protect clients from potential adverse immigration consequences. This Article closely examines those consequences and opportunities; articulates the extent of the duty for lawyers who represent minors in delinquency cases to be able to competently advise and advocate for their clients, under both existing ethical rules and the 2010 Supreme Court decision Padilla v. Kentucky; and analyzes the challenges of applying those standards to the representation of immigrant youth in delinquency proceedings.


You'll Never Work In This Town Again: Employment, Economics, And Unpaid Internships In The Entertainment And Media Industries, Mark R. Swiech Jan 2016

You'll Never Work In This Town Again: Employment, Economics, And Unpaid Internships In The Entertainment And Media Industries, Mark R. Swiech

Loyola of Los Angeles Law Review

No abstract provided.


Personal Jurisdiction In Legal Malpractice Litigation, Cassandra Burke Robertson Jan 2016

Personal Jurisdiction In Legal Malpractice Litigation, Cassandra Burke Robertson

St. Mary's Journal on Legal Malpractice & Ethics

Lawyers are increasingly engaging in multi-jurisdictional practice—and their representation is increasingly giving rise to cross­-jurisdictional malpractice actions. Over the years, courts have issued divergent and contradictory opinions about whether out-of-state attorneys representing clients only on out-of-state matters can constitutionally be subject to personal jurisdiction in the client’s home state. The Supreme Court’s recent opinions in Daimler v. Bauman and Walden v. Fiore do little to settle this question and, in fact, may raise more questions than they answer. Nevertheless, the Supreme Court’s new personal jurisdiction jurisprudence offers an opportunity for courts to adopt a more cohesive analysis of personal jurisdiction …


Lost In The Locality Labyrinth: A Search For The Appropriate Legal Malpractice Standard Set Forth In Hamilton V. Sommers, Anna M. Limoges Jan 2016

Lost In The Locality Labyrinth: A Search For The Appropriate Legal Malpractice Standard Set Forth In Hamilton V. Sommers, Anna M. Limoges

South Dakota Law Review

No abstract provided.


Incorporation Of Outcome-Based Learning Approaches Into The Design Of (Incentive) Trusts, Victoria Haneman Jan 2016

Incorporation Of Outcome-Based Learning Approaches Into The Design Of (Incentive) Trusts, Victoria Haneman

South Dakota Law Review

No abstract provided.


Experience With Social Support Systems Among Women Exposed To Intimate Partner Violence In Cameroon, Ahone Esther-Alice Ngujede Jan 2016

Experience With Social Support Systems Among Women Exposed To Intimate Partner Violence In Cameroon, Ahone Esther-Alice Ngujede

Walden Dissertations and Doctoral Studies

The southwest and northwest regions of Cameroon have experienced high rates of intimate partner violence (IPV). Limited information is available about IPV victims' experiences with social support systems. This phenomenological study was aimed at investigating IPV victims' lived experiences with social support systems in Cameroon. Some of these systems are the judicial system, police officers, hospitals and clinics, and domestic violence agencies. The Health Belief Model (HBM) and the Transtheoretical Model of Change (TTM) were used to understand how 8 self-identified victims of IPV were able to discuss their lived experiences with social support systems. The research questions addressed women's …


Nonmarital Families And The Legal System's Institutional Failures, Clare Huntington Jan 2016

Nonmarital Families And The Legal System's Institutional Failures, Clare Huntington

Faculty Scholarship

As along-time critic of family law, I find it odd to be singing the system's praises. And yet I am. Sort of. In this issue of the Family Law Quarterly, which addresses cohabitation and nonmarital families, I want to focus on what happens when relationships end. For all its shortcomings, family law provides an institution to help divorcing couples restructure their families following the end of relationships. For nonmarital families, not so much. Unmarried parents theoretically can go to court when they separate, but most do not. Thus., as a practical matter, the legal system leaves unmarried parents without an …


Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein Jan 2016

Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein

Scholarly Works

This Article addresses three fundamental questions raised by the taxation of remote sales in the digital age from a global perspective, but focuses on the implications, if any, of the answers to these questions in the global context for the U.S. subnational retail sales tax. First, should remote sales be taxed under a consumption tax? Second, if the answer to the first question is “yes,” where should such sales be taxed? Third, how can remote sales be taxed effectively under a consumption tax in the digital age?4


In Defense Of The Devil’S Advocate, Lonnie T. Brown Jan 2016

In Defense Of The Devil’S Advocate, Lonnie T. Brown

Scholarly Works

mong the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …


An Introduction To The Oecd’S International Vat/Gst Guidelines, Walter Hellerstein Jan 2016

An Introduction To The Oecd’S International Vat/Gst Guidelines, Walter Hellerstein

Scholarly Works

U.S. tax professionals can bene/it by becoming acquainted with the OECD’s new guidelines for the design and implementation of value added tax (VAT) regimes


Law And Moral Dilemmas, Bert I. Huang Jan 2016

Law And Moral Dilemmas, Bert I. Huang

Faculty Scholarship

A runaway trolley rushes toward five people standing on the tracks, and it will surely kill them all. Fortunately, you can reach a switch that will turn the trolley onto a side track – but then you notice that one other person is standing there. Is it morally permissible for you to turn the trolley to that side track, where it will kill one person instead of five? Is it not only morally permissible, but even morally required? This classic thought experiment is a mainstay in the repertoire of law school hypotheticals, often raised alongside cases about cannibalism at sea, …


Alternative Spring Break 2016 Report, Roger Williams University School Of Law, Association For Public Interest Law Jan 2016

Alternative Spring Break 2016 Report, Roger Williams University School Of Law, Association For Public Interest Law

School of Law Conferences, Lectures & Events

No abstract provided.


I Am Not A Caped Crusader: Clinical Legal Education And Professional Identity Formation Jan 2016

I Am Not A Caped Crusader: Clinical Legal Education And Professional Identity Formation

UBC Law Review

No abstract provided.


A Matter Of Integrity: Rule Of Law, The Remuneration Reference And Access To Justice Jan 2016

A Matter Of Integrity: Rule Of Law, The Remuneration Reference And Access To Justice

UBC Law Review

No abstract provided.