Digital Commons Network^™

Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode

Fordham Urban Law Journal

If public interest litigation has not always delivered all that we desire, it has surely provided no lack of experience. Our challenge now is to integrate these lessons from practice with insights from allied disciplines. Taken together, they remind us of the need to coordinate litigation with broader mobilizing efforts, to think strategically about effectiveness, and to create adequate systems of evaluation and accountability.

Public Rights, Global Perspectives, And Common Law, Martha F. Davis

Fordham Urban Law Journal

This Article sets out the case that common law adjudication involving such claims as contractual breaches, wrongful termination, and tort can be, and often are, public rights litigation. Many common law decisions have significant impacts in the community, and—because of the nature of precedent—become quickly embedded in the law where they contribute to the outcomes of future cases as well. Common law cases are a particularly important aspect of public rights litigation because of the paucity of constitutional protections for economic and social rights. In the absence of constitutional protections for such rights, rigorous enforcement of common law claims addressing …

Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner

Fordham Urban Law Journal

A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …

Law And Learning In An Era Of Globalization, Harry W. Arthurs

Articles & Book Chapters

No abstract provided.

Taking The Blue Pill: The Imponderable Impact Of Executive Compensation Reform, Omari Scott Simmons

SMU Law Review

No abstract provided.

The Corporate Attorney-Client Privilege: Third-Rate Doctrine For Third-Party Consultants, Michele Destefano Beardslee

SMU Law Review

No abstract provided.

Legal Process Outsourcing To India: So Hot Right Now, Alexandra Hanson

SMU Law Review

No abstract provided.

Favorite Year: What A Law Clerk Learned About Justice, Judging, And Litigation From Working On One Case With Barefoot Sanders, Kurt Schwarz

SMU Law Review

No abstract provided.

Reflections On Judge Barefoot Sanders, Edward Cloutman

SMU Law Review

No abstract provided.

Desegregating Dallas Schools: The Litigation Archives, Gail M. Daly

SMU Law Review

No abstract provided.

Cultural Culprits, Michelle Mckinley

Studio for Law and Culture

This paper draws from a longer Article that examines questions of agency, victimization, and cultural essentialism in U.S. asylum adjudication and cultural defense cases specifically, and in international human rights law more broadly. I explore the adjudication of FGC asylum claims based on cultural persecution” that encode a racialized view of culture. I describe the historical trajectory of contemporary FGC claims through a detailed analysis of colonial anti-excision campaigns. I compare early 19th century anti-excision campaigns with contemporary maternal imperialism, as international law, UN agencies, and international financial institutions became more responsive to feminist concerns about eradicating FGC. Throughout the …

2009-2010, Benjamin N. Cardozo School Of Law

Student Handbooks

Official handbook outlining academic policies, student services, and campus resources for Cardozo Law students.

Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

In 1989, Tom Stoddard and Paula Ettelbrick, attorneys with the gay rights group Lambda Legal, published side-by-side opposing essays about whether marriage for same-sex couples should be a movement priority. Rutgers Law Review is publishing a 2009 symposium commemorating the 20th anniversary of these now-iconic essays. This article is part of that symposium. It places the Ettelbrick essay, and the groundbreaking case of Braschi v. Stahl Associates decided the same year, in the context of the gay rights movement's strong support of family diversity. It then critiques the contemporary right-wing marriage movement for blaming all social problems on family diversity/aka …

Gender And Professionalism In Law: The Challenge Of (Women’S) Biography, Mary Jane Mossman

Articles & Book Chapters

This paper explores the story of a woman who "created" her life in the law in the late nineteenth and early twentieth centuries. Although now almost unknown, Cornelia Sorabji achieved prominence as a woman pioneer in the legal profession, who provided legal services to women clients in northern India, the Purdahnashins. Sorabji’s experiences as a woman in law were often similar to the stories of other first women lawyers in a number of different jurisdictions at the end of the nineteenth century: all of these women had to overcome gender barriers to gain admission to the legal professions, and they …

Pregnancy Discrimination And Social Change: Evolving Consciousness About A Worker's Right To Job-Protected, Paid Leave, Patricia Shiu, Stephanie Wildman

Faculty Publications

This Article examines the change over the past few decades in U.S. law and societal attitudes concerning a worker's right to job-protected, paid leave. Though common around the world, job-protected, paid leave eludes the U.S. workforce. The authors begin by considering the concept of work, its relation to identity, and the construction of safety nets for workers when they need income replacement. The Article considers the movement to establish job-protected, paid leave that encompasses and values a worker's work, family, and personal life.

The modern movement originated with pregnant workers' need for time away from work during pregnancy. Women who …

Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw

Faculty Publications

No abstract provided.

Bioscience And Economic Development: The Grand Rapids ‘Medical Mile’, Emily Vander Woude

SPNA Review

Michigan Street hill in Grand Rapids, Michigan has been dubbed the ‘Medical Mile’ because of the recent developments related to medical research and health care at this location. The impact of this growth is sure to change the face of Grand Rapids, but it is not clear how it will impact the economic situation there. Many other cities around the country and around the globe are putting investment into the bioscience, biotechnology, or life sciences sectoral strategy hoping that it will have a profound effect on their economic vitality. In this paper, I explore theoretical and practical perspectives on the …

The Second Wave Of Comparative Law And Economics?, Ralf Michaels

Faculty Scholarship

Comment on a text by Gillian Hadfield, The Levers of Legal Design: Institutional Determinants of the Quality of Law, 36 Journal of Comparative Economics 43 (2008)

Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead

Articles

Does tort law deter risky behavior in individuals? We explore this question by examining the relationship between tort immunity and volunteering. During the 1980s and 1990s, nearly every state provided some degree of volunteer immunity. Congress followed with the 1997 Volunteer Protection Act. This article analyzes these acts, identifying three motivations for them: the chilling effects of tort liability, limits on liability insurance, and moral concerns. Using data from the Independent Survey’s Giving and Volunteering surveys, we then identify a large and positive correlation between immunity and volunteering. We next consider the implications of the findings for tort theory and …

The Role Of Nonprofits In Ced, Dana A. Thompson

Book Chapters

Nonprofit institutions play an integral role in community economic development (CED) in the United States. These entities initiate and implement most CED activities, and the CED movement would be significantly weakened without their existence. This chapter briefly explores the historical context of various nonprofit organizations in assisting low- and moderate-income communities across the United States, the ways in which modern-day nonprofit organizations are effecting change in their communities, and the challenges to their effectiveness.

The first section of this chapter discusses community development corporations (CDCs), neighborhood-based organizations that are the primary instruments used to drive and implement revitalization in low- …

Who We Were And Who We Are: How Michigan Law Students Have Changed Since The 1950s: Findings From 40 Years Of Alumni Surveys, David L. Chambers, Terry K. Adams

Articles

For 40 consecutive years, from 1967 to 2006, the Law School surveyed its alumni regarding their lives and careers. The project began in 1967 with the mailing of a questionnaire to the class of 1952 shortly before their 15th reunion. The results proved interesting enough that surveys were sent each year thereafter to the class 15 years out. In 1973, the classes 5 years out were added to the survey.

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

Articles

This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …

Mobile Echocardiography V. Dat : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, Utah County, State of Utah Honorable Samuel D. McVey, Case No. 0504014

Guardians At The Gate: The Backgrounds, Career Paths, And Professional Development Of Private Us Immigration Lawyers, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Review, Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie Levin

Faculty Articles and Papers

Review of Lawyers in the Dock: Learning from Attorney Disciplinary Proceedings, by Richard Abel

(Randy) Rodney Frank Grgich V. Sharon Grgich : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE This is an appeal from the Divorce Decree entered on April 23, 2008 by the Honorable Judge Mark Kouris, Third Judicial District Court, Tooele County, Utah, and the Order and Judgment Concerning Distribution of Assets and Debts entered on October 6, 2009 by the Honorable Judge Stephen L. Henriod of the same Court.

Utah V. Jeffs : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

The State Of Utah V. Randy Fetch Jeffs : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Amicus Salt Lake Legal Defender Assoc.

State Of Utah V. Branson Parduhn : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THIRD DISTRICT COURT OF THE STATE OF UTAH SALT LAKE COUNTY, SALT LAKE DEPARTMENT JUDGE WILLIAM W. BARRETT

State Of Utah V. Antony Davis : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Defendant/Appellant's Motion for Funds which was denied by the Honorable Vernise Trease of the Third District Court of Salt Lake County