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Contracts: An Introduction To A Symposium And A Few Additional Thoughts, Jennifer S. Martin

St. Thomas Law Review

On February 21, 2014, the St. Thomas University School of Law opened a symposium entitled simply "Contracts" in conjunction with the Ninth Annual International Conference on Contracts hosted by the School of Law. The decision of the St. Thomas Law Review to sponsor and conduct a symposium on the simple broad reaching topic of contract law with this esteemed group was a natural decision and exciting opportunity. Contract law has long been a foundation study for students and scholars with a rich history and significance to individuals and businesses alike. Significantly, as reflected by Dr. Roni Rosenberg in his essay …

Emergence On Contract Standards And Its Future Impact On Legal Education, Kingsley Martin

St. Thomas Law Review

Let me start with a story. It was almost thirty years ago that I graduated from Harvard Law School and joined my first law firm. I distinctly remember my first assignment, which was to draft a credit agreement. Despite my education, I had no clue how to perform the assignment. I had to do it the same way as everyone else, which was to go around the corridors, bang on some doors, get some examples, sit down and start to read them. I have no doubt that my first few attempts and, in all likelihood, years' worth of drafts, were …

Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng

NYLS Law Review

No abstract provided.

The University Of Tennessee College Of Law's Business Law Clinic Continues To Make An Impact For Students, Clients, And The Community, Michael R. Crowder

Transactions: The Tennessee Journal of Business Law

In 1992, the American Bar Association published a report entitled Legal Education and Professional Development – An Educational Consortium (commonly known as the MacCrate Report), and in 2007, the Carnegie Foundation published a report entitled Educating Lawyers: Preparation for the Profession of Law, (known as the Carnegie Report). Both reports made suggestions for improving the immediate usefulness of legal education, and, although published fifteen years apart, both reports essentially advocated the same thing: that legal education should place more of an emphasis on practical skills training in order to increase its usefulness to law graduates and their employers. The disconnect …

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …

No Child Left Behind - Representing Youth And Families In Truancy Matters, Dean Rivkin

Scholarly Works

No abstract provided.

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille A. Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …

Using Experiential Education To Develop Human Resources For The Nonprofit Community: A Course Study Analysis, Ann C. Hodges

Law Faculty Publications

In this era of shrinking resources and increased pressure to produce "practice-ready" lawyers, law schools are seeking new and cost-effective ways to provide experiential education. This article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning and encourage post-graduation involvement with nonprofits. Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource intensive and comprehensive than clinics, …

Why Civil Gideon Won't Fix Family Law, Rebecca Aviel

Sturm College of Law: Faculty Scholarship

This Essay explains why we should hesitate before throwing full support behind a civil Gideon initiative for family law, regardless of how wholeheartedly we embrace the proposition that parental rights are as important as physical liberty. The comparable importance of these interests does not necessarily mean that custody disputes should have the same procedural character as criminal matters, as becomes evident upon exploring some of the social, emotional, and structural qualities that differentiate the two contexts. Enhancing access to justice in family law requires that we design custody dispute resolution systems that honor the constitutionally significant interests at stake while …

The Bureaucratic Savior: How Human Service Professionals Allocate Rights To Noncitizens, Mary Pheng

Sociology Honors Projects

Lacking civil and political rights, over 30 million noncitizens in the United States hold de facto citizenship through the accumulation of social rights. Although governments confer rights, the United States relies on non-profit human service organizations to deliver many social support services. As the primary institution that interacts with noncitizens, human service organizations not only make policy in practice, but also play a key role in determining who gets to stay and who should receive help in doing so. This arrangement poses important questions: How do human services interact with pressures from immigration and welfare regulation? How does the institutional …

Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg

Dalhousie Law Journal

For litigants raising a matter of public interest, the possibility of facing an adverse costs award if unsuccessful may act as a deterrent to pursuing their legal claim. The author evaluates a form of costs order called "costs immunity," referred to as "protective costs orders" (PCOs) in the U.K., as a means of removing the deterrent effect of costs on public interest litigants. Part Iprovides an overview of costs law in Canada. Part // reviews the various types of costs orders employed by Canadian courts to facilitate access to justice in public interest litigation. Part Ill explores the English experience …

Prospective Student Information Booklet (2012-13), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon

Faculty Scholarship

By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; and virtual law firms threaten to distintermediate the grand edifices of twentieth century Big Law. These changes may profoundly restructure the legal practice, undermining the business model for many solo and small firm practices. This paper focuses on the implications of these profound disruptive …

Advance Health Care Directives: Problems And Solutions For The Elder Law And Estate Planning Practitioner, Brooke M. Benzio

St. Thomas Law Review

"Remember that what you possess in the world will be found at the day of your death to belong to some one else; but what you are, will be yours forever. "' -Henry Van Dyke.

Since the modem movement for patient autonomy began gathering steam in the 1900s, individual concerns about the purpose, nature, and quality of medical care have become a larger component of the practice of medicine. However, state and federal law has been relatively slow to respond, and establishment of the relevant legal framework is relatively recent. New Jersey courts led the charge with their decision in …

Myths About Women’S Careers In Law, Patricia M. Wald

University of Baltimore Journal of International Law

Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …

Experience The Future Of Legal Education, Lorne Sossin

Comparative Research in Law & Political Economy

Legal education is becoming more experiential, and this is a good thing. This essay examines both claims, and provides an account both of the origins of the experiential turn in legal education, and its implications. This account is written from a Canadian perspective, and more parochially, from an Osgoode Hall Law School perspective. That said, I believe this analysis is relevant to legal education more broadly, and contributes to the ongoing and vital debate over the future of Law School.

The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs

Comparative Research in Law & Political Economy

I’m going to present three quite different views of what law schools ought to be and ought to do. The first holds that their primary, if not their sole, function should be to produce "practice-ready lawyers" for today’s profession. The second is that they should produce "tomorrow’s lawyers", lawyers with the capacity to adapt to the rapidly and radically changing circumstances of legal practice. And the third is that law schools should play a leading role in the creation and transformation of legal knowledge, legal practice, and the legal system — a role that requires them to provide their students …

A Holistic Approach To Teaching Work Law, Marion Crain, Pauline T. Kim

Saint Louis University Law Journal

No abstract provided.

The Limited Power Of The Bar To Protect Its Monopoly., Zachary C. Zurek

St. Mary's Journal on Legal Malpractice & Ethics

The weaknesses within unauthorized practice of law (UPL) laws, coupled with shaky and fragmented enforcement, allow nonlawyers to perform activities that are otherwise characterized as the practice of law. Certified Public Accountants (CPAs), non-lawyers representing individuals in administrative settings, legal document preparation services, and other non-lawyers offering detailed legal advice pose serious threats to the bar and the individuals they serve. Uniformed standards of liability, ethics, and certification should be developed to ensure a balanced group of practitioners is available to the public. Pulling nonlawyers into the realm of liability for breach of professional responsibility would result in a higher …

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Scholarly Works

No abstract provided.

Lawyer: Winter 2012-2013, Seattle University School Of Law

Lawyer

• Truth, Justice, and Reconciliation: Professor Ron Slye Seeks Justice for Kenyans
• A Strong Argument: Student Argues Before Ninth District Court of Appeals
• Spy the Lie: Grad Michael Floyd Teaches Your How to Detect Lies

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.

Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan

Touro Law Review

No abstract provided.

Cause Lawyers Inside The State, Douglas Nejaime

Fordham Law Review

No abstract provided.

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Fordham Law Review

No abstract provided.

Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping

Fordham Law Review

   The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.

   Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …

Fortify Yourself, George Kuney

Scholarly Works

No abstract provided.

Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.

At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.

A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

Lawyers Intentionally Inflicting Emotional Distress, Alex B. Long

Scholarly Works

This article examines the tort of intentional infliction of emotional distress (IIED) as applied to lawyers engaged in the practice of law. IIED claims against lawyers have arisen in a variety of contexts, ranging from a lawyer’s act of disclosing client confidences to a prosecutor to demanding sex from a client in exchange for legal services. Courts have always had difficulty defining the concept of “extreme and outrageous conduct” for purposes of an IIED claim, but IIED claims against lawyers pose even greater definitional problems for courts. In an effort to provide greater clarity, the article advocates that courts should …