Digital Commons Network^™

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

Scholarly Works

This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human rights …

Indian Reserved Water Rights: Impending Conflict Or Coming Rapprochement Between The State Of North Dakota And North Dakota Indian Tribes, Charles Carvell

North Dakota Law Review

No abstract provided.

Proceedings Of The One Hundred Tenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long

South Carolina Law Review

No abstract provided.

I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh

South Carolina Law Review

No abstract provided.

Implications For Nursing Involvement In Health Care Reform: An International Comparison, Erin Mccuen

Honors Theses

In this paper, a comparison of two countries' approaches to deliver healthcare services to their people and the practice of professional nursing will be presented. The report is based on a study abroad course where data were gathered about the two countries and included a ten day tour of Slovakia meeting many healthcare leaders and nursing students. A pictorial presentation of this report is attached (See Appendix) as evidence of the comparisons between the two health care systems. The United States of America and the Republic of Slovakia are two countries that have particularly interesting healthcare delivery and nursing practice …

Tributes To Dean Karen H. Rothenberg, Martin J. O'Malley, Benjamin L. Cardin, Robert M. Bell, Andre M. Davis

Maryland Law Review

No abstract provided.

Teaching Transactional Skills In A Clinic, Robert Statchen, Serge Martinez

Faculty Scholarship

In May 2008, the Center for Transactional Law and Practice at Emory University School of Law held a conference entitled “Teaching Drafting and Transactional Skills—The Basics and Beyond.” This Article reflects the Authors’ discussion of teaching drafting and transactional skills to law students in the context of a law school clinic.

Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Peter A. Joy

Scholarship@WashULaw

The legal academy has given little thought to how practicing law within law schools affects professional responsibilities and is different from representing clients in a traditional law firm or how notions of academic freedom affect lawyering in law schools. Yet repeated attempts to interfere with law clinic representation starkly illustrate how lawyering in the academy might be different, under notions of professional responsibility and academic freedom, from other lawyering or typical law teaching.

Scholarship on interference in clinical programs has focused primarily on the impropriety of interference on the institutional autonomy of law schools by those outside the university, such …

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.

Aicpa Professional Standards: Code Of Professional Conduct And Bylaws As Of June 1, 2009, American Institute Of Certified Public Accountants (Aicpa)

AICPA Professional Standards

No abstract provided.

Independence And Ethics Developments - 2009; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

2009-05-16 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

2009-02-16 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

2009-01-27 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

2009-05-22 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …

Javins (A.K.A. Saunders) V. First National Realty Corporation, Richard H. Chused

Articles & Chapters

No abstract provided.

His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin

Articles & Chapters

The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …

The Clinical Year, Stephen J. Ellmann

Articles & Chapters

This article makes the case for the value – and the feasibility, under current accreditation and related rules governing law schools - of a clinical rotation for law students, modeled on the rotations that are a key part of medical school education. The “clinical year,” which would engage students in almost full-time practice/study for their third year of law school, could be a significant step in building the complete apprenticeship that the Carnegie Foundation for the Advancement of Teaching has urged. It would also rely to a large extent on the supervision, and teaching, that adjunct law school faculty – …

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

Articles & Chapters

No abstract provided.

Nevada Alimony: An Important Policy In Need Of A Coherent Policy Purpose, The Honorable David A. Hardy

Nevada Law Journal

No abstract provided.

The Tax Treatment Of Cancelled Interest And Penalties On Consumer Debt, Richard C.E. Beck

Articles & Chapters

No abstract provided.

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

The Comparative Law And Economics Of Judicial Councils, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

In recent decades, many countries around the world have institutionalized judicial councils, institutions designed to enhance judicial independence and accountability. Our paper, the first comparative inquiry into this phenomenon, has two aims. First, we provide an economic theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we discuss the national experience of several legal systems in light of our theory.

Employee Benefit Plans With Conforming Changes As Of March 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Employee Benefit Plans Committee Force Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Checklists And Illustrative Financial Statements : Health And Welfare Benefit Plans, April 2009 Edition, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Lawyers Without Borders, Catherine A. Rogers

Faculty Scholarship

Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw

Cardozo Journal of Equal Rights & Social Justice

The note argues that U.S. immigration laws, despite advancements made by the Violence Against Women Act (VAWA), continue to fail in providing equal protection and adequate relief to immigrant battered women. It highlights that these women face significant legal and non-legal barriers, including unequal treatment under VAWA, burdensome evidentiary requirements, and cultural and financial obstacles that prevent them from seeking help and escaping abusive relationships.