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Articles 241 - 270 of 496
Full-Text Articles in Entire DC Network
The Nova Southeastern Lawyer, 2010, Volume 12, Number 12, Nova Southeastern University - Shepard Broad Law Center
The Nova Southeastern Lawyer, 2010, Volume 12, Number 12, Nova Southeastern University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.
Constructing Citizenship Without A License: The Struggle Of Undocumented Immigrants In The U.S. For Livelihoods And Recognition, Fran Ansley
Scholarly Works
No abstract provided.
Ignoring The Court's Order: The Automatic Stay In Immigration Detention Cases, Raha Jorjani
Ignoring The Court's Order: The Automatic Stay In Immigration Detention Cases, Raha Jorjani
Intercultural Human Rights Law Review
This article examines a regulation from which DHS derives a legal advantage in removal proceedings that significantly impacts the outcome of any deportation case. While several articles have provided a limited discussion on automatic stays in the greater context of mandatory and prolonged detention, the complexity and substantial impact of the automatic stay regulation merits a discussion devoted to it in its entirety. Part I of the article provides a general background to removal proceedings and bond hearings. Part II tells the story of Manuel who, as a result of invocation of the automatic stay, continued to be detained even …
An Essay On Legal Representation Of Non-Citizens In Detention, Michael J. Churgin
An Essay On Legal Representation Of Non-Citizens In Detention, Michael J. Churgin
Intercultural Human Rights Law Review
The broad expansion of the detention of non-citizens by the federal government has been chronicled by Lenni Benson in her fine contribution to this symposium. The question I will address is one of legal representation for these detained individuals, while they are subject to immigration proceedings. The Supreme Court has noted that this adjudicatory process is civil and not criminal. While these persons may retain counsel, there is no provision for the routine appointment of counsel for those who are unable to afford lawyers. In addition, congressional action and subsequent practice has eliminated the availability of the largest provider of …
What's Love Got To Do With It: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell
What's Love Got To Do With It: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell
St. Thomas Law Review
Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not abstracted …
The Battle Lines Of Federal Rule Of Civil Procedure 8(A)(2) And The Effects On A Pro Se Litigant's Ability To Survive A Motion To Dismiss, Melodee C. Rhodes
The Battle Lines Of Federal Rule Of Civil Procedure 8(A)(2) And The Effects On A Pro Se Litigant's Ability To Survive A Motion To Dismiss, Melodee C. Rhodes
St. Thomas Law Review
Part II of this Comment discusses the development of pro se litigation from its historical roots to modern day concepts. Part III addresses the transformation of Federal Rule of Civil Procedure 8(a)(2) through the Court's interpretation in Conley v. Gibson, Bell Atlantic Corp. v. Twombly, and Ashcroft v. Iqbal. Part IV explains the unique relationship between pro se litigation and the Federal Rules of Civil Procedure. Part V examines the tremendous effect of pro se litigation on the court system and highlights areas of the law in which pro se litigants find it extremely difficult to survive a motion to …
So, You Want To Be A Lawyer? The Quest For Professional Status In A Changing Legal World, Joyce S. Sterling, Nancy Reichman
So, You Want To Be A Lawyer? The Quest For Professional Status In A Changing Legal World, Joyce S. Sterling, Nancy Reichman
Fordham Law Review
No abstract provided.
Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp
Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl
Marquette Sports Law Review
No abstract provided.
Good Things Come To Those Who Wait - Reconsidering Indeterminate And Indefinite Detention As Tools In U.S. Immigration Policy, Michael S. Vastine
Good Things Come To Those Who Wait - Reconsidering Indeterminate And Indefinite Detention As Tools In U.S. Immigration Policy, Michael S. Vastine
Intercultural Human Rights Law Review
This article will primarily focus on illustrating examples of lengthy detention that surely seem unending to the immigrants involved, if not "indefinite" as determined by the U.S. Supreme Court. I will address all other aspects of detention more fully than actual "indefinite" detention. Detention is one of many tools at the disposal of DHS to assure orderly immigration and provide predictable consequences for violators of the United States immigration system. I hope to illustrate the frequently coercive affects of the detention scheme and argue that in some, if not many, contexts detention actually impedes the orderly administration of justice, despite …
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Ethics Of Blawging: A Genre Analysis, Judy Cornett
The Ethics Of Blawging: A Genre Analysis, Judy Cornett
Scholarly Works
Lawyers are blogging. As of October 16, 2009, the website Blawg.com tracked 2,788 legal blogs ("blawgs"). Another blawg directory compiled 4,622 blawgs in 69 substantive categories. When lawyers communicate, by whatever medium, ethical dilemmas arise; when lawyers blog, ethical dilemmas arise that are unique to blogging. The most visible ethical debate inspired by this new genre is the issue of whether to treat a lawyer's blog as advertising. Surprisingly, given the popularity of blawging, there are few resources addressing the full range of its ethical ramifications. This Article applies genre theory to blawging in order to highlight certain characteristics of …
Dayton Lawyer, Fall 2009, University Of Dayton
Lawyer - Summer 2009, Seattle University School Of Law
Lawyer - Summer 2009, Seattle University School Of Law
Lawyer
• Righting Wrongs: Clinic Cases Give Students Opportunities to Make a Real Difference
• Breaking Down Barriers: Leadership for Justice Fellow Works to Improve Language Access
• Looking Back, Reaching Forward: New Korematsu Center Works for Law and Equality
• Escaping Abuse: Law School Helped Domestic Violence Survivor Start New Life
North Dakota Law, Rob Carolin
North Dakota Law, Rob Carolin
North Dakota Law
Alumni Magazine of the University of North Dakota School of Law
The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center
The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.
Prospective Student Information Booklet (2008-09), Florida State University College Of Law
Prospective Student Information Booklet (2008-09), Florida State University College Of Law
Prospective Student Information Booklets
Booklet containing curriculum and course information for future law students.
Attorney-Client Fee Agreements That Offend Public Policy, Alex B. Long
Attorney-Client Fee Agreements That Offend Public Policy, Alex B. Long
Scholarly Works
Under traditional contract law principles, an agreement may be deemed unenforceable because it so clearly offends established public policy that recovery under the contract is inappropriate. In such cases, there has traditionally been a presumption against permitting the offending party to recover, either under the contract or in quantum meruit. Yet, the legal profession (through the Restatement of the Law Governing Lawyers) and the courts (through their decisions) have effectively reversed that presumption and have announced a general rule in favor of permitting lawyers to recover fees even when their fee agreements clearly offend well-established and strong public policy. Moreover, …
Pedagogic Techniques: Multi-Disciplinary Courses, Annotated Document Review, Collaborative Work & Large Groups, George Kuney
Pedagogic Techniques: Multi-Disciplinary Courses, Annotated Document Review, Collaborative Work & Large Groups, George Kuney
Scholarly Works
No abstract provided.
Informal Homeownership In The United States And The Law, Heather K. Way
Informal Homeownership In The United States And The Law, Heather K. Way
Saint Louis University Public Law Review
No abstract provided.
Applying Online: Using Technology To Enroll Low-Wage Workers In Public Benefits, Liz Schott
Applying Online: Using Technology To Enroll Low-Wage Workers In Public Benefits, Liz Schott
Northwestern Journal of Law & Social Policy
No abstract provided.
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Over Under Or Through: Physicians, Law, And Health Care Reform, William M. Sage
Over Under Or Through: Physicians, Law, And Health Care Reform, William M. Sage
Saint Louis University Law Journal
No abstract provided.
The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer
The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer
St. Thomas Law Review
This article focuses on the impact of public defender' ("PD") excessive caseload ("EC") and related indigent defense issues on the values of professionalism, stewardship, and patriotism. It can be regarded as a sequel to my previous article, "Independent, Professional Judgment: The Essence of Freedom," which dealt with the same fundamental values, but a wider range of topics. The article is intended as a reference, including recent material, in a somewhat different context from previous studies. In my experience, for the last 40 years, the normal functions of our state and local criminal justice systems ("CJS"), especially indigent defense and the …
Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman
Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman
Northwestern Journal of Law & Social Policy
No abstract provided.
A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell
A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell
Animal Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Fordham Law Review
No abstract provided.
Challenges And Opportunities For New Lawyers, David Nersessian, Maureen A. O'Rourke
Challenges And Opportunities For New Lawyers, David Nersessian, Maureen A. O'Rourke
Faculty Scholarship
These are challenging times to be a lawyer. They may even be transformational times. Recent upheavals in financial, industrial and real estate markets have many lawyers (and clients) not only cutting back, but also fundamentally re-thinking their business models and the ways in which legal services are provided. Until very recently, hardly a day passed without news of law firm layoffs, deferred start dates, or canceled summer programs. In-house lawyers face substantial budget cuts at the very time their departments must navigate a broader range of legal and organizational challenges. And many government and public interest employers are dealing with …
A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo
A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo
Faculty Scholarship
This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …
Lawyer - Winter 2008, Seattle University School Of Law
Lawyer - Winter 2008, Seattle University School Of Law
Lawyer
• Scholars for Justice: Bring Broad Experience to the Law School
• Professor Boerner, Frankel, and Oltman Retire
• A Strong Foundation: PILF Sowed Seeds of Public Interest
• Love and the Law: Couple Meets at 35th Anniversary Events