Digital Commons Network^™

Mapping Inter-Organizational Boundary Bureaucracy And The Need For Oversight, Bobbi Jo Boyd

Scholarly Works

The traditional paradigm of state and federal government envisions a neat separation between the legislative, judicial, and executive branches and between the public and private sectors. The heart of this Article explores the reality that some government agencies - particularly state agencies - have ambiguous and contested branch assignments and blurred hierarchical relationships with the private sector, and even other state agencies. When bureaucratic boundaries are blurred and ambiguous, an agency can become unhinged from laws that mandate transparency and accountability to the public it serves. This Article examines two state agencies -the North Carolina State Bar and the Board …

The Helping Profession : Can Pro Bono Lawyers Make Sick Children Well?, Lorne Sossin

Articles & Book Chapters

"Can pro bono lawyers make sick children well? Surprisingly, the answer might be yes. Or at least pro bono lawyers can improve patients’ experiences and health outcomes for families caught up in the hospital system. ... a pioneering initiative in Boston to locate legal clinics in hospitals. Word of this experiment reached Pro Bono Law Ontario (PBLO), an organization active in referring hospital cases to lawyers willing to take on pro bono cases. The benefits of coordinating such cases through a hospital-based pro bono clinic were clear, and the Family Legal Health Program, renamed PBLO at SickKids, was born."

Diversely Native, Bethany Berger

Faculty Articles and Papers

No abstract provided.

2015-2016 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Newsletter 2015-2016, Hispanic Studies, Illinois Wesleyan University

Newsletters

No abstract provided.

Kinship Care In Lauderdale Lakes: An Option To Detention, Lessep Duncan

Florida Public Health Review

This paper focuses on the City of Lauderdale Lakes identifying its large African American and significant Caribbean population as faced with Disproportionate Minority Contact and high juvenile detention rates. Statistics indicate the City has a high rate of poverty and crime in comparison with state and national averages with a high county rate of racially disproportionate arrests, convictions, and detentions. Ameliorating these concerns requires culturally aware approaches that include community involvement, and reducing alienation in an attempt to serve an at-risk population. An underutilized service – kinship care - is proposed to address disproportionate detention rates. Evidence points to kinship …

Free Trade As A Force Of Political Stability: The Case Of Mainland China And Hong Kong, Gonzalo Villalta Puig, Vinci Chan

The International Lawyer

No abstract provided.

Young Lawyers Network (Yin), Sara Blackwell, Siena Caruso, Jose Francisco Mafla, Manoj Kumar

The International Lawyer

No abstract provided.

Transnational Legal Practice, Laurel Terry

The International Lawyer

No abstract provided.

Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands

The International Lawyer

No abstract provided.

Regulating The Sharing Economy: New And Old Insights Into An Oversight Regime For The Peer-To-Peer Economy, Raymond H. Brescia

Nebraska Law Review

I. Introduction

II. Regulation, the Legal Profession, and the Sharing Economy ... A. Latent Resources and an Independent Workforce ... B. Regulation, Independence, and Consumer Protection in a Relationship of Trust ... 1. Attorney-Client Relationships, Trust, and Regulation ... 2. Sharing Economy Relationships, Trust, and Regulation ... C. Consumer Protection in a Relationship Designed to Encourage Creativity and Innovation, While Generating Profit

III. The Evolution of Regulation of the Legal Profession … A. Brief History of Regulation of the Legal Profession, from the Colonial to the Contemporary Eras ... B. Key Questions and Themes Underlying the Evolution of the Regulation …

Uf Law Spring 2016, University Of Florida Levin College Of Law

UF Law Magazine

Practice Makes Perfect; Semester in Practice Prepares Students for Major Legal Markets; New Connections Between UF and China; Cesar Alvarez's Big Idea; A Very Deep Bench

Index To The Senate Journal State Of Colorado: Seventieth General Assembly Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster

Articles by Maurer Faculty

This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …

Juking Access To Justice To Deregulate The Legal Market, Milan Markovic

Faculty Scholarship

Study after study has concluded that the United States suffers from a lack of access to justice because most legal issues are addressed without attorney involvement. To better serve Americans who cannot currently afford legal assistance, scholars have argued that corporations should be permitted to offer legal services. England and Australia already allow corporations to own law firms and deliver legal services.

Whatever the merits of corporate delivery of legal services, its impact on access to justice has been overstated. The cost of legal services plays a minor role in decisions to not obtain legal assistance. Moreover, many legal services …

The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig

Articles, Book Chapters, & Popular Press

Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …

Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber

Fordham Urban Law Journal

No abstract provided.

Petitioning For Protection: Without Repeal Or Reform Of Article 17a, Can Practitioners Maintain Ethical Guardianship Practices While Simultaneously Protecting The Rights Of Persons With Intellectual Disabilities, Maria Campigotto, Brian E. Hilburn

Fordham Urban Law Journal

No abstract provided.

Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Faculty Scholarship

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and …

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

Faculty Scholarship

The only sound in a courtroom is the hum of the ventilation system. It feels as if everyone in the room is holding their breath …. Litigants are uneasy in the courthouse, plaintiffs and defendants alike. They fidget. They keep their coats on. They clutch their sheaves of paper-rent receipts and summonses, leases and bills. You can always tell the lawyers, because they claim the front row, take off their jackets, lay out their files. It's not just their ease with the language and the process that sets them apart. They dominate the space.

This empirical study analyzes the experience …

Uso And Military Misses In Tyler Newspapers, 1942-1946, Vicki Betts

Special Topics

Chronological index to articles in the Tyler Morning Telegraph concerning the USO and the Military Misses organization in Tyler, Texas, 1942-1946.

Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick

Richmond Journal of Law & Technology

Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") …

Law In The Shadow Of Violence: Can Law Help To Improve Doctor-Patient Trust In China?, Benjamin L. Liebman

Faculty Scholarship

Can law help to address the lack of trust in doctor-patient relationships in China? This essay examines the role that law, on the books and in practice, has played in the rise and resolution of patient-doctor disputes and conflict in China. Law has generally played a secondary role in medical disputes: most patient claims never make it to court, and there is little evidence that negotiated outcomes are influenced by legal standards. Yet a legal framework weighted in favor of hospitals and doctors almost certainly exacerbated doctor-patient conflict in the 2000s. Patients facing legal procedures and rules that appeared to …

Soes And State Governance: How State-Owned Enterprises Influence China's Legal System, Zheng Lei, Benjamin L. Liebman, Curtis J. Milhaupt

Faculty Scholarship

Most of the existing literature on Chinese SOEs asks how state ownership affects their governance. This chapter turns the question on its head: How do SOEs affect state governance in China? The chapter begins by distinguishing different modes of interaction between the Party-state and SOEs. Focusing on these modes of interaction, the chapter analyzes how SOEs have influenced China’s legal system. This chapter discusses the ideological and positional advantages enjoyed by SOEs in their legal treatment, and provide an analysis of SOEs’ impact on legislation, administrative rulemaking and in particular, the courts. It concludes by exploring a key implication of …

Why Coywolf Goes To Court, Signa A. Daum Shanks

Articles & Book Chapters

This article is an effort influenced by previous works considered part of "trickster" discourse. But unlike other trickster stories meant to illustrate First Nations’ contents and processes, this presentation creates a Métis-specific example of trickster methodology and knowledge. Similar to the historic role Métis individuals have had in Canadian history, this effort contains a type of "translator" system within its citations so that the main story parallels information about trends in Canadian legal analysis. By having this format, it is hoped that those less familiar with Métis courtroom struggles will gain insight into how the pursuit of Métis constitutionalism both …

Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page

Faculty Scholarship

This article seeks to begin a conversation on how we teach the problem of beneficiary accountability in the representation of organizations with social justice missions: How do we guide students towards a fuller understanding of the moral responsibility to engage and respect the voices of the communities most directly affected by the non-profit organization’s mission? We look at the issue through the pedagogical lens of our experience supervising clinic students, deconstructing the problems of beneficiary accountability that students faced in the representation of two social justice organizations, surveying relevant legal scholarship on organizational representation and community lawyering, and considering alternative …

Agency Costs In Law-Firm Selection: Are Companies Under-Spending On Counsel?, Elisabeth De Fontenay

Faculty Scholarship

A growing body of literature examines whether corporate clients derive sufficient value from the law firms that they engage. Yet little attention has been paid to whether clients optimally select among law firms in the first place. One entry-point is to identify discrepancies in the quality of counsel selected by different corporate clients for the very same work. Using a large sample of loans, this Article finds that major U.S. public companies select lower-ranked law firms for their financing transactions than do private equity-owned companies, controlling for various deal characteristics. While some of this discrepancy can be attributed to value-maximizing …

Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman

Faculty Publications

Lawyers have enthusiastically embraced search engine advertisements triggered by consumers’ keywords, but the legal community remains sharply divided about the propriety of buying keyword ads triggered by the names of rival lawyers or law firms (“competitive keyword advertising”). This Essay surveys the regulation of competitive keyword advertising by lawyers and concludes that such practices are both beneficial for consumers and legitimate under existing U.S. law - except in North Carolina, which adopted an anachronistic and regressive ethics opinion that should be reconsidered.

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Faculty Scholarly Works

This Article focuses on those who regulate U.S. laywers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to adjust the focus of the regulator for which they work in a way that will increase client and public protection. The Article further argues that it is appropriate for lawyers in these positions to exercise this power and that they should do so. The Article concludes by offering two concrete recommendations.

The first recommendation is that those who are in charge should, upon reflection, adopt a mindset in which they recognize that the …

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel Terry

Faculty Scholarly Works

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur. This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …