Digital Commons Network^™

New Sources Of Managerial Authority In Large Law Firms, Elizabeth Chambliss

Faculty Publications

The academic literature on large law firms emphasizes the limited authority of professional managers and the ability of rainmaking partners to sidestep formal management controls. Research suggests that bureaucratic management structures, such as dedicated, professional managers, tend to be weak or unstable in law firms, where compensation and status are tied to control over clients. Thus, while many commentators point to the potential competitive benefits of professional management - or, what typically is referred to as the "corporate" model - most analysts are skeptical that U.S. law firms will embrace such a model any time soon.

This Article stakes out …

Two Halves Of A Whole: Teaching International And Comparative Employment Law, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

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

Utah Supreme Court Briefs (2000–2020)

Interlocutory appeal from trial court order denying Defendant's motion requiring Salt Lake County to pay the costs of an investigator and expert witnesses, entered by the Honorable Royal I. Hansen, Third District Court, West Jordan Department, in and for Salt Lake County, State of Utah.

Employee Personal Wellness Programs: Benefits And Barriers To Participation, Amanda Bakeris

Dissertations and Theses @ UNI

This research study uses the health belief model as a theoretical framework for investigating employees' perceived costs and benefits to participation in a utility company's personal wellness program. A questionnaire was administered to the employees of the company gauging their current use of the program, as well as costs and benefits they perceive to affect participation. The barrier dimensions investigated were time-effort, social, physical effects, and specific obstacles. The benefit dimensions investigated were social, psychological, body image, and health. Based on the descriptive statistics and regression analysis, it was concluded that the benefits significantly related to participation, biometric participation, satisfaction, …

Shifting Paradigms Of Lawyer Honesty, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The Model Rules currently contain at least four distinct conceptions of what it means for a lawyer to be honest. Moreover, the levels of honesty that the ethical rules demand have changed markedly in recent times. This article explores why, for the lawyers of today, being “honest” seems to be so complicated.

The exploration begins by reviewing recent changes in the honesty concepts embodied in the Model Rules, particularly the new duty to reveal confidential information that lawyers have under Rule 4.1. Attention then turns to what it means to be “honest” in the context of our modern exaggerated version …

Allocating Influence, Heidi Reamer Anderson

Utah Law Review

The environmental crimes program has become an established part of our environmental protection effort. It exists at all levels of government, federal, state, and local. But how do we describe its evolution? There are a number of ways in which this can be done. One, of course, would be to track the case statistics and trends through the years. Another—which is the approach of this essay—would be to focus less upon the cases, as such, and more upon the background developments and issues that have characterized the federal program over time. A pattern emerges in which each successive decade has …

The Challenge Of Democratic Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …

Voluntary Dismissal In Ohio: A Tale Of An Ancient Procedure In A Modern World, S. Ben Barnes

Cleveland State Law Review

This Note will demonstrate that a modified Federal Rule is the best rule for voluntary dismissal. First, this Note will survey the history of voluntary dismissal and the progression from the common law in England to the current Federal Rule. Second, this Note will discuss the abuses of the rule in Ohio and the need for change. Third, this Note will dissect the Ohio Rule and compare it alongside the Federal Rule. Fourth, this Note will examine possible alternatives. Finally, this Note will propose why a modification of the Federal Rule is the most practical answer to the abuses of …

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Juridification Of Social Demands And The Application Of Statutes: An Analysis Of The Legal Treatment Of Antiracism Social Demands In Brazil, Marta Rodriguez De Assis Machado, Flavia Portella Puschel, Jose Rodrigo Rodriguez

Fordham Law Review

No abstract provided.

Portugal Fondo De Garant­A De Depósitos Annual Report 2009, Fondo De Garant­A De Depósitos Portugal

Documents

No abstract provided.

Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett

Scholarly Works

The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …

The Refugee Experience: A Legal Examination Of The Immigrant Experiences Of The Sudanese Population, Kathleen Anne Ward-Lambert

Nova Law Review

No abstract provided.

Trans Law Reform Strategies, Co-Optation, And The Potential For Transformative Change, Dean Spade

Faculty Articles

This paper considers two critiques of how law and rights struggles co-opt social movements and applies them to the example of the emergent law reforms in the area of transgender rights. First, it considers the limitations of the discrimination principle. Second, it looks at the emergent critique of "nonprofitization." Examining how the focus on formal legal equality and the growth of non-profit formations that centralize the concerns and experiences of white and upper class people have impacted gay and lesbian rights work, the paper suggests that these avenues present dangers to creating meaningful transformation of conditions facing trans population, including …

Stories Absent From The Courtroom: Responding To Domestic Violence In The Context Of Hiv And Aids, Jane Stoever

Faculty Articles

HIV/AIDS dramatically impacts domestic violence survivors' needs and demands reconceptualization of current responses to domestic violence. This article aims to illuminate the problem of domestic violence in the context of HIV/AIDS and to prompt further development of legal response systems. Specifically, this article brings together the worlds of law, public health, and women's lived experiences to argue for recognizing and responding to domestic violence in the context of HIV/AIDS in the United States. Utilizing accounts of clients' experiences and data from public health studies, this article sets forth eight categories of HIV/AIDS-related domestic violence: repercussions from partner notification, use of …

Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin

Faculty Scholarship

As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete suggestions …

Professional Malpractice In A World Of Amateurs., Thomas D. Morgan

St. Mary's Law Journal

Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz

St. Mary's Law Journal

The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …

The Most Important Thing, Linda Smith

Utah Law Review

It was a Guardianship action filed by the Granmother (Abuela) of a little girl. The mother had died while she and her daughter were living with Abuela. So Abuela sought permanent custody of the three-year-oId child. The lawyer filed the papers in Massachusetts, and served the father (Padre) who was far away in Puerto Rico.

Ethics Review, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Spillikin (Vol. 26), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

Survey: A Global Perspective On The Most Important Cases Affecting The Sports Industry, Hayden Opie

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

2009-2010 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

Tax Strategy Patents: Close Pandora's Box On Patenting Criminal Defense Strategies, Kathryn T. Ng

University of Dayton Law Review

No abstract provided.

A New Way For Lawyers To Assist Veterans, Hillary A. Wandler

Faculty Journal Articles & Other Writings

This article addresses the ever-increasing need for knowledgeable and effective veterans' advocates, and in particular, for veterans in Montana. The author notes that Montana Veterans Service Officers (VSOs) have demonstrated, effective representation can significantly increase a veteran's chance at submitting a successful benefits claim and nearly double a veteran's ultimate compensation. The author encourages Montana attorneys to come alongside Montana's VSOs to meet the legal needs of those who have served and are currently serving our country overseas and at home.

Standards Required In Maintaining The Chain Of Evidence In The Context Of Post Rape Care Services: Findings Of A Study Conducted In Kenya, Carol Ajema, Emily Rogena, Hadley Muchela, Buluma Bwire, Nduku Kilonzo

Reproductive Health

Sexual violence (SV) is a serious societal problem that creates significant challenges to local communities in their attempt to create an overall plan for meeting the medical, emotional, physical safety, and legal needs of SV survivors. It is important to understand the existing links between the health sector and police as a basis for addressing the complexities surrounding SV. Appropriate management of SV survivors requires a standardized clinical evaluation, an effective interface with law enforcement for the handling of forensic evidence, and coordination of the continuum of care. From the public health perspective, the issues to be addressed revolve around …

Sexual Violence: Setting The Research Agenda For Kenya, Catherine Maternowska, Jill Keesbury, Nduku Kilonzo

Reproductive Health

This research agenda is the result of a stakeholders’ meeting held in Nairobi on June 11–12, 2008, that identified, developed, and prioritized areas for research on sexual violence in Kenya. The meeting was convened by the Population Council, Liverpool VCT, Care & Treatment, and the International Centre of Reproductive Health, Kenya. Kenya’s research agenda is premised on the need to generate the evidence required to impact policy formulation and services strengthening. Knowledge gaps that form the basis of key research areas identified include the need to: 1) Understand the nature, contexts, and prevalence of sexual violence; 2) Document and evaluate …

Multi-Sectoral Approaches To Preventing Sexual Assault And Domestic Violence: A Collective Force To Stop The Violence, Population Council

Reproductive Health

The Multi-Sectoral Approaches to Preventing Sexual Assault and Domestic Violence Symposium took place May 6–7, 2009, in Gauteng, South Africa. The symposium aimed to: increase awareness of sexual assault and domestic violence and its relationship to HIV and AIDS among decision-makers; promote evidence-based programming for practitioners; advocate for increased preventative measures and service delivery around sexual and gender-based violence (SGBV) in the public and private sectors; facilitate networking, strengthen and develop partnerships, and create opportunities for ongoing collaboration between key stakeholders; and inspire a coordinated plan of action for prevention that supports the government’s 365-day plan. South Africa has some …

The Refentse Model For Post-Rape Care: Strengthening Sexual Assault Care And Hiv Post-Exposure Prophylaxis In A District Hospital In Rural South Africa, Julia C. Kim, Ian Askew, Lufuno Muvhango, Ntabozuko Dwane, Tanya Abramsky, Stephen Jan, Ennica Ntlemo, Jane Chege, Charlotte Watts

Reproductive Health

The Refentse study aimed to develop a nurse-driven, post-rape care model that could be integrated into existing reproductive health/HIV services within a rural South African hospital, and to evaluate the impact of this model on the quality of care delivered. Following the intervention, there were significant improvements in the quality of clinical history and examination, and the provision of pregnancy testing, emergency contraception, STI treatment, HIV counseling and testing, post-exposure prophylaxis (PEP), trauma counseling, and referrals. The report concludes that it is possible to improve sexual assault services including PEP within a rural South African hospital at modest cost, using …

Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson

Cardozo Journal of Equal Rights & Social Justice

This article updates a prior feminist legal analysis of Gardasil, the vaccine against Human Papillomavirus ("HPV"), in light of new developments. Recent discoveries confirming that HPV poses threats to men led Merck & Co. ("Merck") to apply for FDA approval to market Gardasil to males. These developments have renewed focus on the recurring question of whether making Gardasil vaccination a prerequisite for boys' school participation will arouse the same public condemnation that resulted from the prior mandate targeting girls. Another new development involves a vaccine panel recommendation by the Centers for Disease Control ("CDC") that inadvertently resulted in a policy …