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2016

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When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry Jan 2016

When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry

Faculty Scholarly Works

This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR. This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System," and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …


The Right To Education For Unaccompanied Minors, Jeanette M. Acosta Jan 2016

The Right To Education For Unaccompanied Minors, Jeanette M. Acosta

UC Law Constitutional Quarterly

In response to the increase of unaccompanied minors seeking refuge in the United States in 2014, officials within federal, state, and local institutions readied themselves to receive and serve a greater number of child migrants in detention facilities, shelters, immigration courts, and public schools. While attention has been paid to the need for legal representation of unaccompanied minors and the need to end the inhumane detention of children, this Note reveals the state of educational opportunities and services provided for unaccompanied minors in detention facilities, shelters, and public schools. This Note looks to the role education plays in the lives …


We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin Jan 2016

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

Articles

No abstract provided.


Experiencing Experiential Education: A Faculty-Student Perspective On University Of Tennessee College Of Law’S Adventure In Access To Justice Author, 50 J. Marshall L. Rev. 11 (2016), Robert Blitt, Reece Brassler Jan 2016

Experiencing Experiential Education: A Faculty-Student Perspective On University Of Tennessee College Of Law’S Adventure In Access To Justice Author, 50 J. Marshall L. Rev. 11 (2016), Robert Blitt, Reece Brassler

UIC Law Review

No abstract provided.


Concerning Authority Of The Director Of The Office Of Legislative Legal Services To Sign Vouchers For Expenditures Of The Office., Colorado General Assembly Jan 2016

Concerning Authority Of The Director Of The Office Of Legislative Legal Services To Sign Vouchers For Expenditures Of The Office., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith Jan 2016

Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

This article concerns the important issues of access to justice and practical lawyering skills. Clients are representing themselves in family law matters in ever increasing numbers. Courts, bar groups, nonprofits and law schools have responded by offering “brief advice” clinics. How well these clinics operate can significantly influence the public’s access to justice. This article analyses actual consultations in a brief advice clinic relying upon transcriptions of recordings and using conversation analysis techniques. This analysis demonstrates that the matters brought to the clinic are not “simple” ones where legal representation is not needed. These clients are facing serious problems from …


Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt Jan 2016

Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt

Faculty Articles

In June of 2015, the United States Supreme Court determined by a 5–4 ruling in Obergefell v. Hodges that same-sex couples have a constitutionally guaranteed right to marry. While this represents a momentous victory for homosexuals, many people are still vehemently opposed to the idea. Homosexuality is especially frowned upon in certain religions, including some sects of Christianity. Is it possible that attorneys who decline on religious grounds to provide legal services to same-sex individuals seeking divorces will be ordered to provide that representation? Might those attorneys be sanctioned if they fail to do so? These are both novel and …


The Emergence Of Hybrid International Commercial Courts And The Future Of Cross Border Commercial Dispute Resolution In Asia, Firew Tiba Jan 2016

The Emergence Of Hybrid International Commercial Courts And The Future Of Cross Border Commercial Dispute Resolution In Asia, Firew Tiba

Loyola University Chicago International Law Review

The bulk of international commercial disputes are resolved by national courts. In Asia, regional international arbitration centres in places such as Shanghai, Hong Kong, Singapore, and Tokyo have also been partaking in these exercises albeit at varying levels of popularity. While commercial arbitrations remain popular, the influence of these bodies in driving convergence has been questioned. This has been in part due to the confidential nature of their awards and their ad hoc nature. The uptake of international commercial instruments in the region is growing, but the extent of harmonization of international commercial law remains weak. Even in countries such …


Keeping Dispute Resolution Costs Smaller Than Your Small Business: The Case For International Commercial Arbitration Under The New York Convention, Robert Schur Jan 2016

Keeping Dispute Resolution Costs Smaller Than Your Small Business: The Case For International Commercial Arbitration Under The New York Convention, Robert Schur

Loyola University Chicago International Law Review

No abstract provided.


Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint Jan 2016

Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint

Journal Articles

No abstract provided.


Afterword: Reimagining Family Defense, Matthew I. Fraidin Jan 2016

Afterword: Reimagining Family Defense, Matthew I. Fraidin

Journal Articles

No abstract provided.


Forging A Path For Women's Rights In Customary Law, Tamar Ezer Jan 2016

Forging A Path For Women's Rights In Customary Law, Tamar Ezer

UC Law SF Journal on Gender and Justice

Common law in Africa began as a dynamic, fluid structure that was effective for governing small, tight-knit communities. After the introduction of European colonialism, however, common law incorporated European customs, such as patriarchy and individualism. The individual and patriarchal structure solidified in many African communities and had a grossly disproportionate effect on women, whose lives were dictated by lack of property rights and self-determination. In South Africa in particular, the patriarchal structure continued into the 20th century despite a global recognition of equal rights for women. This article explores the origins of common law and suggests that many communities may …


Government Speech And Circumvention Of The First Amendment, Mark Strasser Jan 2016

Government Speech And Circumvention Of The First Amendment, Mark Strasser

UC Law Constitutional Quarterly

The government speech doctrine permits the government to convey its stance on issues through its actions. This article focuses on the development of the government speech doctrine and argues the necessity of limitations on this doctrine to prevent infringements on First Amendment rights. In Rust v. Sullivan, the Supreme Court first recognized what would later be characterized as the government speech doctrine, holding that a statute that prevented clinics from receiving federal funds for abortion-related activities did not violate the Constitution. The Court has subsequently suggested that this was in essence allowing the government to convey a particular message through …


Table Of Contents For Volume 105, Issue 3, Kentucky Law Journal Jan 2016

Table Of Contents For Volume 105, Issue 3, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.


The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin Jan 2016

The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin

Cardozo Journal of Conflict Resolution

The longstanding debate over the relative merits of adversarial and communitarian theories of legal dispute bargaining has been in somewhat of a holding pattern for several years, but recent research in the field of cognitive neuroscience may break this logjam. Laboratory experiments and case studies in that field have shown how dispositions and capacities for social cooperation inherited from natural selection and evolution predispose humans to configure disputing as a mixture of argument over factual reality, disagreement over the interpretation of normative standards, and a search for impartial resolutions that protect the interests of everyone involved equally. This neurobiological inheritance …


Foreclosure Mediation As An Enforcement Mechanism, Stacey Tutt Jan 2016

Foreclosure Mediation As An Enforcement Mechanism, Stacey Tutt

Indiana Journal of Law and Social Equality

No abstract provided.


The Law Of The Platform, Orly Lobel Jan 2016

The Law Of The Platform, Orly Lobel

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Tweeting The Police: Balancing Free Speech And Decency On Government-Sponsored Social Media Pages, Alysha L. Bohanon Jan 2016

Tweeting The Police: Balancing Free Speech And Decency On Government-Sponsored Social Media Pages, Alysha L. Bohanon

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, 64 Clev. St. L. Rev. 661 (2016), Anthony Niedwiecki Jan 2016

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, 64 Clev. St. L. Rev. 661 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This Article will detail a process that law schools can use to comply with the ABA Standards requiring schools develop their learning outcomes for the entire institution, academic programs, and courses. At the same time, this process can be used as a roadmap for curricular review and planning. As an example, this Article will use the steps that The John Marshall Law School took to review and change its professional skills curriculum. Part I will outline the accreditation requirements for developing and publishing learning outcomes. Part II of the Article will provide an overview of the process of curricular planning …


Avvo Joins The Legal Market; Should Attorneys Be Concerned?, 104 Geo. L.J. Online 184 (2016), Alberto Bernabe Jan 2016

Avvo Joins The Legal Market; Should Attorneys Be Concerned?, 104 Geo. L.J. Online 184 (2016), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Front Matter, Socio-Legal Review Jan 2016

Front Matter, Socio-Legal Review

Socio-Legal Review

No abstract provided.


Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino Jan 2016

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Faculty Articles

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule). This Article addresses the question of what it means for …


Lawyers, Power, And Strategic Expertise, Colleen Shanahan, Anna Carpenter, Alyx Mark Jan 2016

Lawyers, Power, And Strategic Expertise, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

This empirical study analyzes the experience of the parties described above, specifically the power, representation, and strategic expertise they bring to a dispute. Our analysis of these factors clarifies how representation may be a solution to the access to justice crisis. We find that a representative helps most parties most of the time. We also find that the other party’s representation and the representative’s strategic expertise are significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and deepest collection of …


Lawyer Gifts To Union Officials And The Steering Of Injury Cases To Those Lawyers: Federal Criminal Law Implications, Douglas Rallo Jan 2016

Lawyer Gifts To Union Officials And The Steering Of Injury Cases To Those Lawyers: Federal Criminal Law Implications, Douglas Rallo

University of Dayton Law Review

No abstract provided.


Vrdolyak V. Avvo, Inc., Northern District Of Illinois Jan 2016

Vrdolyak V. Avvo, Inc., Northern District Of Illinois

Historical and Topical Legal Documents

No abstract provided.


Electric Movement V. Google, California Superior Court Jan 2016

Electric Movement V. Google, California Superior Court

Historical and Topical Legal Documents

No abstract provided.


Larsen Law Offices V. David Larson, District Of Colorado Jan 2016

Larsen Law Offices V. David Larson, District Of Colorado

Historical and Topical Legal Documents

No abstract provided.


Google V. Shamis, California Superior Court Jan 2016

Google V. Shamis, California Superior Court

Historical and Topical Legal Documents

No abstract provided.


Table Of Contents Jan 2016

Table Of Contents

Georgia Law Review

No abstract provided.


Foreward, William C. Hubbard, Judy Perry Martinez Jan 2016

Foreward, William C. Hubbard, Judy Perry Martinez

South Carolina Law Review

No abstract provided.