Digital Commons Network^™

Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs

American University International Law Review

No abstract provided.

Richmond Journal Of Global Law And Business Volume 7, Issue 2 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

The Law Of Recitals In European Community Legislation, Todas Klimas, Jurate Vaiciukaite

ILSA Journal of International & Comparative Law

Recitals, those 'whereas' clauses, appear in contracts as well as legislation, although not all legislation contains recitals; indeed, recitals are 'against' the precepts of certain styles of legislation.

May A Prevailing Party Be Awarded “Attorney Fees” For Paralegal Services?, Jay E. Grenig

Faculty Publications

No abstract provided.

Sex Trafficking And The 2006 World Cup In Germany: Concerns, Actions And Implications For Future International Sporting Events, Anne Marie Tavella

Northwestern Journal of Human Rights

In the months preceding the 2006 FIFA World Cup in Germany, human rights advocates around the world feared the sporting event would cause an increase in women trafficked into Germany's sex trade. The international media widely reported unrealistic estimates of 40,000 potential trafficking victims. In the end, no marked increase in trafficking was documented in during the World Cup. This article looks at the media flurry before the event, the prevention efforts during the World Cup, and the reality of trafficking in . It also addresses the potential risks for trafficking at future sporting events, specifically the 2008 Olympic games …

Plain-English Drafting For The 'Age Of Statutes', Douglas E. Abrams

Faculty Publications

No abstract provided.

“Contextualizing” Bertha Wilson: Wilson As A Woman In Law In Mid-20th Century Canada, Mary Jane Mossman

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Justice Bertha Wilson was well known for her attentiveness to context. Indeed, her biographer, Ellen Anderson, reported that “Wilson’s characteristic stance [was] one of principled contextuality.” This paper explores the context in which Wilson became a lawyer in the 1960s and 1970s before her appointments to the Ontario Court of Appeal and later to the Supreme Court of Canada. By situating Justice Wilson as one of a small minority of women lawyers prior to the mid-1970s, when the numbers of women in law began to increase dramatically, it is possible to explore the kinds of opportunities and choices available to …

Indigenous Self-Determination And The State, Shin Imai

Comparative Research in Law & Political Economy

The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, "Indigenous Peoples and the Law: Comparative and Critical Perspectives", (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self-administration/self-management model provides for indigenous entities to deliver social services and educational …

Allies Not Adversaries: Teaching Collaboration To The Next Generation Of Doctors And Lawyers To Address Social Inequality, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.

The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Gresham’S Law In Legal Education, Steven R. Smith

Faculty Scholarship

This article will first examine the traditional Gresham's Law regarding currency and then its broader application to instances in which the nominal and intrinsic values of something are separated. It will then look at the licensing of attorneys and how Gresham's Law may justify both the general accreditation of legal education and specific accreditation Standards. Viewed from this perspective it is the interests of the public, and not the more parochial interests of law schools, that deserve primary consideration in accreditation related to licensure. The article will conclude with a consideration of a coming debate about the appropriate place of …

Language Choice And Use Among Malaysian Legal Professionals / Ain Nadzimah Abdullah, Abdullah Ain Nadzimah

Student Works (2000-2009)

Theories which have been used in the study of language choice have anchored primarily on sociolinguistic approaches. These approaches are linked to Fishman’s (1972) concepts of who speaks what language to whom and when. Another group of theories draw upon the psychological factors to explain language choice. From the literature in this field of study, each approach has shown limitations in its use. The stand taken in this study is that sociolinguistic and psychological approaches can be combined into a single category of approaches that can theorize language choice. This study examines language choice through this combined interpretative framework to …

The University Of Texas At Arlington Graduate Catalog 2008-2010, The University Of Texas At Arlington

UTA Graduate Catalogs

No abstract provided.

Disaster Planning: What We Have (And Haven't) Learned, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Basic disaster planning is not only cost-effective but relatively easy to integrate with other planning activities. By looking at the experiences of lawyers and law firms that have survived disasters in recent years, it is possible to gain insights that will help us overcome such adversity. Transactional business lawyers, whose clients are frequently the victims of the same forces that harm lawyers, have a special obligation to serve these clients in times of crisis in order to restore these businesses to functionality and commerce to the community at large.

The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson

All Faculty Scholarship

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I …

Kenneth Karst's "Equality As A Central Principle In The First Amendment", Geoffrey R. Stone

University of Chicago Law Review

No abstract provided.

Welfare Reform, Privatization, And Power: Reconfiguring Administrative Law Structures From The Ground Up, Wendy A. Bach

Brooklyn Law Review

No abstract provided.

The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon

Fordham Law Review

This Note reviews the history, structure, and purpose of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA). It then describes how the two statutes intersect and interact. Next, this Note examines the existing split in the U.S. Courts of Appeals regarding the availability of § 1983 as a remedy for violations of the IDEA. This Note ultimately contends that Congress intended § 1983 suits to prevail under the IDEA and argues that school districts will be deterred from violating the statute's provisions if such suits are allowed to proceed.

Does Medellin Matter?, Janet Koven Levit

Fordham Law Review

No abstract provided.

Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller

Faculty Publications

No abstract provided.

Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll

Maryland Law Review

No abstract provided.

A Redesigned Immigration Selection System, Muzaffar Chishti

Cornell International Law Journal

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 40, Number 2, Winter 2008

Nebraska Transcript

2 Space and Telecom Law

7 Taking Shape: Construction Projects to Add Classrooms, Renovate Restrooms

13 What’s New in the CSO?

15 Assistant Dean Gloden Comes Back to the Good Life

17 Estop The Music

35 Giving and Receiving with Charitable Remainder Unitrusts

36 Hong First to Receive Outstanding International Alumnus Award

37 Fiala Finds That Preparation Pays In Classroom, Courtroom, Radio Booth

39 Hendry at Home in Classroom

Dean’s Message ; 9 Donor Recognition ; 10 Award of Merit ; 11 Law Library Tales & Tables ; 18 Faculty Notes ; 21 Faculty News ; 23 Graduation ; 26 …

Supreme Court Of Canada Constitutional Cases 2007: Defining Access To Justice, Patricia Hughes

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Taking a broad approach to the meaning of “access to justice”, to include not only physical and financial access to courts and tribunals, and capacity to enforce or establish rights, but also the use of the legal system to claim a share in the “goods” and realization of the values that are said to characterize Canadian society, the author analyzes several decisions of the Supreme Court of Canada in 2007 that relate to access to justice in different ways. Christie and Little Sisters (No. 2) involve the question of financial barriers to accessing the legal system; the result in both …

Drastic Action: The 1983 Course Boycott At Harvard Law School, Brando Simeo Starkey

St. Thomas Law Review

Progress often comes slower than most want. No one knows this better than black Americans. After slavery, it took another century for blacks to finally receive equal treatment under the law with the Civil Rights Act of 1964 and the Voting Rights Act of 1965. But after the big hopes following the Civil Rights Movement, the lack of progress hurt all the more. Most blacks assumed that with the dismantling of Jim Crow, equality would surely follow. This, however, was not the case. By the 1980s, few blacks still reached the pinnacle of success. The black students at Harvard were …

February 2008 Alumni Newsletter, New York Law School

Alumni Newsletters

No abstract provided.

A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel

Michigan Telecommunications & Technology Law Review

The purpose of this Note is to investigate those rules of ethics which interact with attorney blogs, placing a special emphasis on advertising rules. The central finding is that, under the Supreme Court's current First Amendment jurisprudence, attorney blogs (or, more cleverly, "blawgs") are not subject to regulation by the ethics codes of the ABA or the various state bars. Furthermore, if the Supreme Court were to, for some reason, construe blawgs as falling outside of First Amendment protection, evidence suggests that regulating this new medium would be neither desirable nor effective. Part II outlines the historical framework which underlies …

University Of Michigan Law School Faculty, 08/09, University Of Michigan Law School

Miscellaneous Law School History & Publications

Biographies of the University of Michigan Law School faculty.

Parliament’S Response To Charkaoui: Bill C-3 And The Special Advocate Regime Under Irpa, David Dunbar, Scott Nesbitt

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Supreme Court of Canada’s decision in Charkaoui and Parliament’s subsequent enactment of Bill C-3 demonstrate how the Charter dialogue between the judiciary and legislatures can enhance the protection of constitutional rights and freedoms while preserving the ability of elected officials to pursue legitimate policy objectives.The notion of constitutional dialogue suggests that Charkaoui be read as setting parameters for future legislative action, recognizing not only those aspects of the security certificate scheme where the Court found constitutional deficiencies, but also those where it found the scheme to be constitutionally sound. The Court’s conclusion that the in camera, ex parte hearing …

Aboriginal Over-Representation And R. V. Gladue: Where We Were, Where We Are And Where We Might Be Going, Jonathan Rudin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The most significant development in the criminal law for Aboriginal people over the last 25 years was the decision by the Supreme Court of Canada in R. v. Gladue. This paper looks at the background and history behind the Gladue decision, the impact or lack of impact of the decision on Aboriginal rates of over-representation and the role that the Charter, notably section 15, has played and might play in this issue over the coming years.