Digital Commons Network^™

National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich

All Faculty Scholarship

This article discusses the National Housing Trust Fund, created as part of the Housing and Economic Recovery Act of 2008 (HERA). The Housing Trust Fun represents a new federal housing development policy. The Fund is designed to serve the approximately 18.5 million households who make less than $30,000 per year, roughly half the national median income in 2005. After a review of the housing affordability concerns of extremely low-income households (annual income 30% or less than area median income) and the impact the subprime mortgage foreclosure has had on such households, the article summarizes HERA's regulatory reform and foreclosure relief …

Human Trafficking: The Need For Federal Prosecution Of Accused Traffickers, Eileen Overbaugh

Seton Hall Law Review

No abstract provided.

Exploring The Potential Of Aging Network Services To Improve Depression Care, Leslie Hasche

All Theses and Dissertations (ETDs)

Depression is a prevalent, debilitating yet treatable psychiatric disorder affecting older adults. Older adults underutilize specialty mental health care, persistently receive poor quality care in primary care settings, and have high rates of non-adherence to pharmacotherapy. Aging network services, such as adult day services, homecare services, senior centers, and supportive housing may be able to improve the quality of depression care. However, it is unknown how current models of empirically supported depression care are used within or could be adopted by aging network services. Thus, this study described the organizational factors, staff factors, and current agency practices regarding depression among …

Congressional Restrictions On Legal Aid Attorneys: Burdensome Or Necessary?, Valerie Uribe

Public Interest Law Reporter

No abstract provided.

Administrative Governance As Corporate Governance: A Partial Explanation For The Growth Of China's Stock Markets, David A. Caragliano

Michigan Journal of International Law

This Note argues that during the first decade of stock market development (roughly 1990-2000) Chinese institutions, which emphasized administrative direction and control, functioned in lieu of legal and financial institutions. Preexisting modes of administrative governance introduced incentives that mitigated information asymmetry problems inherent in initial public offerings (IPOs) and contributed to enhanced market valuation during the post-IPO phase. The author focuses on two sui generis Chinese institutions employed during this time period: the quota system for equity share issuance and the Special Treatment (ST) system for underperforming issuers. In short, the thesis is that administrative governance substituted for corporate governance.

How Offshore Outsourcing Is Perceived: Why Do Some Consumers Feel More Threatened?, Srinivas Durvasula, Steven Lysonski

Marketing Faculty Research and Publications

As globalization intensifies, multinational companies are not only compelled to expand their operations, but are also facing greater pressure to enhance productivity and concomitant return on investment (ROI). One way to achieve cost efficiencies is by offshoring selected business operations to overseas firms. Such offshoring, however, has generated public concern and, in some cases, outrage. Angst against offshoring is based on many perceptions, including perceived job losses and damage to domestic industries. In the wake of this threat, multinational firms in Europe and North America confront a public relations problem in justifying their offshoring activities. Yet, no systematic study has …

Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald

St. Mary's Law Journal

Attorney loyalty to clients is considered a cornerstone of the attorney-client relationship. Yet, loyalty is underexplored, misunderstood, and the subject of heated discord. Advocates of client-centered loyalty and their opponents both fail to provide a compelling accounting of loyalty to clients and its consequences. Leaving loyalty in limbo is an unacceptable state of affairs. The legal profession bears the continuous burden of accounting for its own practices. Because the Bar cannot assert broad client-centered loyalty as self-explanatory, the burden of disproving loyalty shifts to the critics. Critics of broad loyalty to clients are not helping advance the discourse by advocating …

Assessing The European Market For Legal Services: Developments In The Free Movement Of Lawyers In The European Union, Julian Lonbay

Fordham International Law Journal

This Article focuses on recent developments in European multi-jurisdictional practice rights that have major implications for the control of entry to the legal professions and some of the related deontological rules that govern access to professional legal life across the European Union ("EU") and the European Economic Area ("EEA"). Additionally, it looks at their impact on rules regulating the competence of lawyers and admission to the legal professions, primarily in Europe, but with some reference to the position in the United States as well.

Business Lawyers As Enterprise Architects, George W. Dent

Faculty Publications

In 1984 Ronald Gilson published Value Creation by Business Lawyers: Legal Skills and Asset Pricing. It began: "What do business lawyers really do? Embarrassingly enough, at a time when lawyers are criticized with increasing frequency as nonproductive actors in the economy, there seems to be no coherent answer." He dismissed lawyers' own answer that "they 'protect' their clients, that they get their clients the 'best' deal." He also rejected the academic literature which offered a laundry list of roles the business lawyer plays: "a counselor, planner, drafter, negotiator, investigator, lobbyist, scapegoat, champion, and, most strikingly, even as a friend." Dissecting …

Designing Loan Modifications To Address The Mortgage Crisis And The Making Home Affordable Program, Larry Cordell, Karen Dynan, Andreas Lehnert, Nellie Liang, Eileen Mauskopf

Documents

No abstract provided.

Helping Parents Tell Their Children About Separation And Divorce: Social Science Frameworks And The Lawyer's Counseling Responsibility, Joan B. Kelly, Mary Kay Kisthardt

Faculty Works

No abstract provided.

Introduction: Symposium On Law, Entrepreneurship, And Economic Recovery, Anthony J. Luppino

Faculty Works

No abstract provided.

An Assessment Of Sexual And Gender Based Violence In Wajir District, North Eastern Kenya, Gladys K. Mwangi, Guyo W. Jaldesa

Reproductive Health

A 2006 baseline survey conducted by CARE Kenya indicated that sexual and gender-based violence (SGBV) is widespread throughout Kenya’s North Eastern Province. Other findings revealed that high levels of stigma and gender imbalances are associated with sexual violence and female genital mutilation (FGM) and that a coordinated approach to responding to the service needs of survivors is missing. As noted in this report, there is limited awareness of the legal mechanisms available to survivors. The Population Council’s study in Wajir District ascertained the need for and possible components of an integrated and comprehensive services model that could meet the needs …

Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Pace Law Review

No abstract provided.

Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller

NYLS Law Review

No abstract provided.

Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno

NYLS Law Review

No abstract provided.

Clients Aging Out Of Care, Dale Margolin Cecka

Law Faculty Publications

Youth aging out of foster care face an arduous road. Lawyers for foster youth must help to assure their safe and stable exit from the system and a comfortable transition into the next stage of their lives. Lawyers cannot rely on social service agencies and caseworkers to handle the myriad of issues that youth encounter, and many require court orders or other legal measures.

How Far Should The Pto Regulate Business Relationships Of Patent Practitioners, Kenneth R. Shurtz

UC Law Business Journal

The PTO Code of Professional Responsibility regulates the conduct of patent practitioners to ensure the integrity of the practice and protect client's interests. While patent agents and patent attorneys must both abide by the PTO Code, patent attorneys must also adhere to the Rules of Professional Conduct of the state in which they practice. Periodically, conflicts between the PTO Code and state ethics rules or uncertainties within the PTO Code have an adverse affect on the business practices of patent attorneys. These business practices include client engagement, disclosures to the client, partnerships and fee arrangements. This article examines the practical …

Beware Of Risk Everywhere: An Important Lesson From The Current Credit Crisis, Michael C. Macchiarola

UC Law Business Journal

Our current credit crisis is a result of the misunderstanding and mismanagement of risk. Exploring the tradeoff between risk and reward has been at the heart of the modem financial theories that have come to dominate our markets. As the capital markets introduced more and more complexity and innovation, most expected that the study of risk management and risk allocation was keeping pace, ensuring our ability to control and limit risk while maximizing reward.

In this Article, the author addresses some of the fundamental misunderstandings of risk that have become deeply ingrained in our markets and have brought about the …

Mobile Echocardiography V. Dat : Reply Brief, 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. 050401014

Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds

Hofstra Law Review

This paper looks at technological and economic changes affecting lawyers, and their effect on the competitiveness of large law firms. It explores methods of unbundling big law firm features, and providing similar services on a more ad hoc basis. In addition, it considers whether current legal education is properly preparing students for a world in which large law firms will be much less dominant. Based on a talk given at Hofstra Law School in March of 2009.

The Uniform Collaborative Law Act As A Teaching Tool, Harry L. Tindall, Jennie R. Smith

Hofstra Law Review

No abstract provided.

Introduction To Lawyers In Canadian History, W. Wesley Pue

All Faculty Publications

This paper "frames" the study of lawyers in Canadian history against major interpretations of the legal profession and legal professionalism including the historical self-understandings of organized legal professions in the common law world, market-control theorists, institutional, and cultural history approaches. The article serves as the introduction to a new book on The Promise And Perils Of Law: Lawyers In Canadian History, which includes essays on the history of legal education, the practice of law, Quebec's legal distinctiveness, constitutionalism and the rule of law, and issues in race, gender, and diversity.

Cowboy Jurists & The Making Of Legal Professionalism, W. Wesley Pue

All Faculty Publications

This paper identifies the origins of modern Canadian legal professionalism in the prairie west during the early twentieth century, arguing for the importance of human agency and emphasizing contingency where others assert trans-historical processes. Lawyers combined agendas which were explicitly moral and reforming with a profound restructuring of their profession. Their efforts to reform the curriculum of formal legal education was part of a cultural project, but so too was their desire to attain self-regulation, monopoly, professional independence, and plenary disciplinary powers. The substantive findings documented here direct our attention to questions of cultural agency and structural revolution that are …

Lobbying And Litigating Against "Legal Bootleggers"- The Role Of The Organized Bar In The Expansion Of The Courts' Inherent Powers In The Early Twentieth Century, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

This article suggests that the state judicial branches in the 1930’s and 1940’s may have overreached by holding that state legislatures did not have the constitutional power to define the practice of law. These holdings arose from the efforts of the organized bar, which may have been more motivated by fears of competing lobbying groups than by legitimate constitutional constraints on the legislatures' power. This development put the legal profession on a trajectory that may not ultimately be in the best interest of consumers of legal services. Part I is a brief overview of the early development of the separation …

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

UC Law Journal of Race and Economic Justice

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral. …

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

UC Law Journal of Race and Economic Justice

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language of …

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Jersey, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for New Jersey’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Connecticut, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Connecticut’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …