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2009-02-03 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.

Introduction [Comments], Andrew Scherer

Articles & Chapters

No abstract provided.

Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin

Articles & Chapters

No abstract provided.

Sixty Years On: The International Human Rights Movement Today, Penelope Andrews

Articles & Chapters

In this short essay I focus on the contemporary human rights movement, and in particular three broad areas of human rights. I provide a descriptive listing or cataloguing, commencing with a short consideration of the definition of what we refer to as the human rights movement. Based on my remarks as part of a panel discussion, I consider the human rights movements in three somewhat distinct categories: first, the structure and proliferation of human rights organizations; second, the seemingly growing human rights culture; and third, human rights violations by nations and private actors.

Diversity In Adr: More Difficult To Accomplish Than First Thought, F. Peter Philips

Articles & Chapters

No abstract provided.

Way To Represent: The Role Of Black Lawyers In Contemporary American Democracy, Carla Pratt

Faculty Articles

The legal profession has articulated a commitment to racial diversity. This essay attempts to articulate the unique contribution that black lawyers make to the legal profession and the role black lawyers play in strengthening our democracy.

Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell

Articles by Maurer Faculty

No abstract provided.

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

"Old And Making Hay:" The Results Of The Pro Bono Institute Firm Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth Glenn Dau-Schmidt, Esther Lardent, Reena Glazer, Kellen Ressmeyer

Articles by Maurer Faculty

In his 1998 Fairchild Lecture, Professor Marc Galanter proposed the idea that senior attorneys should be encouraged to undertake "a second 'public service' career" as a way of transitioning to retirement. The logic for encouraging such "Second Acts" in lawyers' careers is compelling. As Professor Galanter has demonstrated, in the coming years, there will be record numbers of attorneys navigating the transition to retirement as the "Baby Boomers" reach their golden years. This substantial body of highly skilled lawyers could have a significant impact on fulfilling unmet needs for legal representation. If even 5% of the practicing attorneys over sixty-five …

Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

This article uses a social welfare approach to determine if and when the institution of constitutional judicial review of property regulation and expropriation is efficient. A model is proposed in which property rights protection is a component of social costs. Constitutional judicial review is assumed to either add to or subtract on net from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, that constitutional judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the …

The Law V. The Stranger: Language Interpretation And Legal Space In Lexington, Ky, Karen S. Kinslow

University of Kentucky Master's Theses

This thesis examines the role of interpretation in legal encounter in Lexington, Kentucky. Through an analysis of legal and interpretation practices, this study seeks to ascertain how these practices may affect non-native or low-proficiency English speakers’ (LLPs) experiences with both federal and local laws and legal spaces. This place-based study involves in-depth qualitative research. Using the methodological framework of feminist geo-jurisprudence, this research contributes to our understanding of 1) the limits of the publicity of legal space and, more specifically, the ways in which language barriers can prevent legal inclusion; 2) local strategies and tactics for dealing with the challenges …

The Electronic Lawyer, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Contracts And Friendships, Ethan J. Leib

Faculty Scholarship

This Article aims to give the relational theory of contract new life, sharpening some of its claims against its competitors by refracting its theory of relational contracts through an analogy to friendship. In drawing the analogy between friendships and relational contracts and revealing their morphological similarities, this Article offers a provocative window into friendship's contractual structure--and into relational contracts' approximation of friendships. The analogy developed here is poised to replace the “relational contract as marriage” model prevalent among relationalists. This new model is more honest to relational contract theory and to marriage--and helps relational contract theory produce some new insights, …

Against Practice, Anthony V. Alfieri

Articles

No abstract provided.

Dean’S Message, Lawrence Raful

Touro Law Review

No abstract provided.

Against Practice, Anthony V. Alfieri

Michigan Law Review

This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …

Law School And The Making Of The Student Into A Lawyer: Transformation Of First Year Law Students In The National University Of Singapore, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This paper examines the impact of legal education and law school on the student's moral development and conception of professional identity, through an empirical study of first year law students of the Class of 2010 at the National University of Singapore. The project aims to increase consciousness of how law school remakes students and develops the moral and professional identity of future lawyers, and to facilitate a dialogue that reshapes legal education to achieve its aims. Given that legal education in Singapore is similar to that in other law schools in common law jurisdictions, the analysis is, with allowances for …

In Brief

In Brief

Table of Contents:

• From the Dean's Desk (Robert H. Rawson, Jr.)
• Masthead
• We, the Paparazzi: Privacy in the Facebook Generation
• Clinical Education Gives Everyone a Voice
• Revolutionizing the Way We Teach Law Students
• Memo to the New President: End the Separation of Corporate Ownership and Control
• Ashcroft v. Iqbal
• Profile (Henry King)
• News
• Prosecuting War Lord and Khmer Rouge Leaders
• Helping Minority Students Become Lawyers
• Faculty Briefs
• Rebuilding New Orleans
• Alumni Spotlight Fred Weisman ADL '48, LAW '51
• Retirement Savings -- Is There Another Way?
• Alumni Events
• Class Notes
• In Memoriam the Legacy of Emeritus Law Professor Oliver C. Schroeder, …

Political Parties In China’S Judiciary, Jonathan K. Ocko, Zhu Suli

Faculty Scholarship

Professor Suli delivered the Fifth Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2006 and this article is based on his remarks, with a foreword by Jonathan Ocko. The article is included in the inaugural volume of CICLOPs thatcollects the first six Bernstein lectures. In responding to Sending Law to the Countryside, Professor Frank Upham levied a number of criticisms against Professor Zhu Suli’s book. Of particular importance was Upham’s criticism concerning a lack of attention to the role of politics and political power in the Chinese legal system. Suli finds this criticism to be extremely important because …

Supporting Attorney’S Personal Skills, Marjorie A. Silver

Scholarly Works

No abstract provided.

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell

Animal Law Review

No abstract provided.

Remembering Mary C. Daly: A Legal Ethicist Par Excellence, Bruce A. Green

Faculty Scholarship

No abstract provided.

2009 Report Of A Comprehensive Evaluation Visit To Unm, Assurance Section, Higher Learning Commission Document

UNM HLC 2018-19 Assurance Argument Evidence

The HLC report following the 2009 accreditation process. This details, among other things, findings related to problems of consistent leadership in the university.

Activism Of The Catholic Church On Immigrants' Rights In The United States, Sandra Lazo De La Vega

Harriet L Wilkes Honors College Theses 2003 - 2009

This paper tests the religious economy model for predicting Church behavior which predicts that religious firms will become more politically active on behalf of potential members in areas where competition for those members is most fierce. An analysis of data from a survey of 106 U.S. Catholic dioceses and archdioceses on outreach to Hispanic immigrants does not support this hypothesis. Religious competition and Church activism on immigration issues did not correlate. Rather, demand for services (measured as Hispanic presence within each diocese) was a better predictor of Church activism on immigration issues. This finding suggests that the "inelastic demand" assumption …

“Playing Chicken": An Instant History Of The Battle Over Exceptions To Client Confidentiality, Michael S. Ariens

Faculty Articles

The purpose of my essay Playing Chicken: An Instant History of the Battle over Exceptions to Client Confidentiality, is to offer a pointillist history of the recent battles between the ABA and the federal government concerning 1) when lawyers may or must disclose client confidences, and 2) claims that the federal government is attacking the attorney-client privilege. In doing so, I hope to explain how this battle is representative of the current drift in the American legal profession.

After the Introduction, the essay unfolds as follows: Section II traces the ABA’s often schizophrenic understanding of the duty of confidentiality and …

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, …

Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.

The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply and …

Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt

Vanderbilt Journal of Entertainment & Technology Law

In the United States, the broadcasting of professional sporting events is a multi-billion dollar industry, and the National Football League (NFL) alone earned more than $3 billion from television contracts during its 2008 season. Considering the massive revenues that broadcast rights can generate, it is no surprise that some major professional sports leagues have recently developed their own television networks. While it was not the first league-owned television network, the NFL Network has certainly generated the most attention. Since it started broadcasting a select number of NFL regular season games in 2006, the NFL Network has been subject to media …

Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy

Scholarly Articles

This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …

Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey

Scholarly Articles

No abstract provided.