Digital Commons Network^™

The Immigration Representation Project: Meeting The Critical Needs Of Low-Wage And Indigent New Yorkers Facing Removal, Joho Annobil

Fordham Law Review

No abstract provided.

Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz

Fordham Law Review

No abstract provided.

Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon

Fordham Law Review

Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …

A View From The Immigration Bench, Noel Brennan

Fordham Law Review

No abstract provided.

The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff

Fordham Law Review

No abstract provided.

The Attorney-Client Privilege And Information Disclosed To An Attorney With The Intention That The Attorney Draft A Document To Be Released To Third Parties: Public Policy Calls For At Least The Strictest Application Of The Attorney-Client Privilege, Daniel Northrop

Fordham Law Review

The attorney-client privilege is the oldest evidentiary privilege known to the common law. It exists to encourage clients to openly communicate with their attorneys. Some commentators, however, have questioned the value of the privilege and called for its elimination. This policy debate, though unlikely to influence typical privilege disputes, is important when the application of the attorney-client privilege is unclear. One example is when a client conveys information to her attorney with the intent that the attorney draft a document to be released to a third party. This Note seeks to shed light on the arguments for and against the …

West Bloomington Neighborhood Plan: Roots. Pride. Vision., Teska Associates

Projects

Our neighborhoods, Olde Towne and Gridley, Allin and Prickett (GAP), are long-established areas of Bloomington located directly west of downtown along Market Street. Our area is home to historic housing and long-standing churches, social service agencies and small businesses. In 2007, community and business organizations representing the public, private and nonprofit sectors started discussing the challenges confronting GAP and Olde Towne and the steps that could be taken to revitalize our community. This area was chosen as a target of study for a variety of reasons. First, the City’s Comprehensive Plan identified the Westside as an area of concern and …

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

School of Law Faculty Publications

Leaving behind a vibrant, effective pro bono program is a cherished legacy for any dean. Not only can such a program better the lives of our own students, but it also can harness their powerful minds, willing hearts, and many hands to serve the needs of our communities now and for years to come. If students hear about the importance of pro bono work and have easy access to pro bono opportunities during law school, they are more likely to get involved in public service after law school. As a result, the community and school benefit from their efforts, and …

The Effects Of Activation On Employers Of Reserve And National Guard Soldiers, Lee Lamar Hisey

LSU Doctoral Dissertations

The purpose of this study was to examine the effects of military deployment or activation of reserve and National Guard soldiers on civilian employers. Understanding how activation affects the operations of civilian employers will increase awareness of the effects of labor stability on organizations. The study utilizes survey methodology to measure changes in organizational output, customer satisfaction, and employee behavior. In addition, number of employees supervised, strategies employed to adapt to the effects of activation on operations, organizational types, and the amount of time required for the organization to return to pre-activation levels of performance were measured. The sample was …

Staying Alive: Public Interest Law In Contemporary Latin America, Stephen Meili

Articles

This paper explores the current state of public interest lawyering in three Latin American countries: Argentina, Brazil and Chile. Based on a series of open-ended interviews with lawyers, judges and social movement activists, it compares public interest lawyering in these countries now with how it was practiced when the author interviewed some of the same individuals in the early to mid 1990s. Its analysis is set within the context of important geopolitical and socio-legal phenomena: the current global economic crisis and the judicialization of politics and constitutionalization of rights that has swept across the region over the past two decades. …

Indigent Defense In America: Racially Or Geographically Unjust?, Lisa Karen Akre

Honors Program Theses

The purpose of my research is to investigate the link between indigent defense funding and race. First, I explain the various approaches that states have implemented to deliver legal defense to the indigent. Second, I describe the current lack of funding and its consequences. Third, I examine what effect race has on the indigent defense system. Finally, based on the conclusions drawn from examining both race and funding for indigent defense, I evaluate the effectiveness of the delivery of indigent defense to individual states and regions within the United States.

"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro

Vanderbilt Journal of Transnational Law

This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices. The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts. In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation. While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental …

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

GW Law Faculty Publications & Other Works

An increasing number of tasks once reserved to lawyers are now being performed by non-lawyers. That reality seems likely to continue. The question then becomes against what standard of performance such “amateur” practice should be assessed. One answer might be that a non-lawyer should be guilty of malpractice if the work is performed below the level of quality to which a lawyer would be held. This paper argues that the work should instead be judged against the standard of performance the non-lawyer purported to be able to deliver.

In Defense Of Victim Impact Statements, Paul Cassell

Utah Law Faculty Scholarship

This paper provides a comprehensive justification of "victim impact statements" in criminal sentencing, explaining how such statements are important to crime victims and how the critics of such statements fail to grapple with the need for these statements to victims.

Under U.S. And Other Common Law Traditions, What Conditions Have To Be Met For That To Take Place? How Can Assets Be Released And Generally For What Purposes? How And To What Extent And Under What Conditions Can Assets Be Unfrozen?, Saini Sudnagunta

War Crimes Memoranda

No abstract provided.

Client Activism In Progressive Lawyering Theory, Eduardo R.C. Capulong

Faculty Law Review Articles

In this article the author argues that the aims, contexts, and methods of client activism are paramount in progressive lawyering theory, and as such precede and define the question of how progressives should lawyer. The author suggests precursory paradigms that 1) clarify the ultimate political goals to which activism is and should be directed; 2) analyze the social conditions shaping and defining grassroots activity; and 3) specify and systematize the myriad methods that can and should be used to further these ends. In critiquing prevailing theoretical formulations that relate to these considerations, the author argues that progressive lawyers need to …

Independence Compliance : Checklists And Tools For Complying With Aicpa, Sec, And Pcaob Independence Requirements, Dennis W. Ridge, American Institute Of Certified Public Accountants

Guides, Handbooks and Manuals

No abstract provided.

2009 Admissions Brochure, New York Law School

NYLS Bulletins and Catalogs

No abstract provided.

The Devil Made Me Do It: The Corporate Purchase Of Insurance, Victor P. Goldberg

Faculty Scholarship

Despite the fact that public corporations ought to be risk neutral, they often carry insurance. This note first considers why insurance (or more precisely, the package of services provided by insurance companies) might create value, regardless of the risk preferences of managers, shareholders, or other corporate stakeholders. One motive is that their contractual counterparties – buyers, lessors, and lenders – require that they carry insurance. Three explanations for why the requirement might be value enhancing are proposed.

Why Punctuation Matters; Part One, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

It Down And Count The Cost:" A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

Section 501(c)(3) of the Internal Revenue Code (Code) prohibits charities from intervening in a political campaign for or against a candidate for public office. The Internal Revenue Service (Service) currently interprets the campaign-intervention ban to absolutely prevent charities from communicating their views on candidates, even if such communications are completely financed by non-501 (c) (3) affiliates. This article argues that the current Service enforcement paradigm is unconstitutional because it exceeds the government interest in preventing tax-deductible donations to be used for campaign- intervention. A constitutional interpretation exists under the current statutory framework, but it would require the Service to shift …

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.

Sit Down And Count The Cost: A Framework For Constitutionally Enforcing The 501(C)(3) Campaign Intervention Ban, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

Section 501(c)(3) of the Internal Revenue Code prohibits charities from intervening in a political campaign for or against a candidate for public office. The IRS currently interprets the campaign-intervention ban to absolutely prevent charities from communicating their views on candidates, even if such communications are completely financed by non-501(c)(3) affiliates.

This article argues that the current IRS enforcement paradigm is unconstitutional because it exceeds the government interest in preventing tax-deductible donations to be used for campaign-intervention. A constitutional interpretation exists under the current statutory framework, but it would require the IRS to shift its focus exclusively to campaign-intervention-related expenditures. The …

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has some clinics, though not widespread). This article examines …

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

Articles & Chapters

Professor Ross Sandler has contributed a full review of Fighting for the City to this symposium issue. This short comment is meant to supplement that review by emphasizing topics that are of particular interest to an historian of the American legal profession, and of American legal education in particular and New York City in general. It is also meant to draw some connections between Fighting for the City and two of Professor William Nelson's other works: In Pursuit of Right and Justice, his biography of Edward Weinfeld, a lawyer and judge of the District Court for theSouthern District of New …

Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe

Articles & Chapters

This article explores the complex and often strained relationship between Tom Mooney, the famous labor radical who was framed for a bombing murder, and his lawyers over the course of the 23-year long battle to gain his freedom. The author uses the lawyers’ archives to explore the intense difficulties that arise between a client who believes the legal system is hopelessly corrupt and his lawyers who hope to free their client and redeem the justice system at the same time. While sympathetic to Tom Mooney and the lawyers, Roiphe concludes that an independent legal profession struggling to negotiate its obligation …

2009-07-31 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.

2009-02-27 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.

2009-03-13 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.

2009-08-03 No. 2 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.