Digital Commons Network^™

Asbestos Achievements, Anita Bernstein

Faculty Scholarship

No abstract provided.

Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua Sarnoff, Ann Shalleck

Saint Louis University Law Journal

No abstract provided.

Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor

Saint Louis University Law Journal

The traditional law school appellate case method is not well-suited to teaching students either the substance and process of counseling entrepreneurial clients or helping such clients create IP strategies that effectively advance their business vision. This Article describes the author’s creation of new courses and clinics to advance teaching IP in the emerging field of entrepreneurship and innovation law.

Friend Or Foe: Reasonable Noncompete Restrictions Can Benefit Corporate In-House Counsel And Protect Corporate Employers, Barbara C. Bentrup

Saint Louis University Law Journal

No abstract provided.

Working Class Judges, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Part I of this article provides our reanalysis of Scott Baker's data that examines the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. Part II establishes an additional comparative context that allows us to speculate why Top Five legal markets may foster a more intense tradeoff of influence versus remuneration. Indeed, as we note, the real or perceived financial tradeoffs are so enormous - and conspicuous - in Top Five markets that federal judges may feel they have been lumped together with a large, faceless working class. We conclude by suggesting that the …

A Post-Morse Framework For Students' Potentially Hurtful Speech (Religious And Otherwise), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

In this Article, I weave together strands from Tinker, Fraser, and Morse, as well as from lower court decisions taking varying approaches to this issue, to propose a new standard for student speech that is potentially hurtful to other students. This approach encompasses, without being limited to, speech that is religiously-motivated in nature. I argue that student speech that is hurtful to other students (whether religiously-motivated or not) should first be divided into two categories: (1) speech that identifies particular students for attack; and (2) speech, such as the message on Harper's T-shirt, that expresses a general opinion without being …

101 Ideas For Combining Service & Learning, Florida International University

Service Learning, General

Opportunities within the following areas are discussed: anthropology, accounting, art, biology, business, liberal studies, computers, education, English, environment, history, philosophy, political science, psychology, sociology,

Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale

UF Law Faculty Publications

In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …

Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona

Cleveland State Law Review

Drawing out the deeper questions of pragmatism, professional autonomy, argues, contrary to the dominant academic opinion in the field, that the empirical underpinnings of multidisciplinary practice (MDP) are weak as are its theoretical justifications and overall compatibility with the policy imperatives of true professionalism. The Article is in a sense a response to the observation of the eminent scholar of the legal profession, Professor Charles Wolfram that, "shockingly little has been written in opposition to MDP." The Article critically examines and refutes the arguments deployed in support of MDP, a subject that has attracted much attention in recent times as …

Tribal Incorporation Of First Amendment Norms: A Case Study Of The Indian Tribes Of South Dakota, Patrick Garry, Candice J. Spurlin, Jennifer L. Keating, Derek A. Nelson

Faculty Publications

No abstract provided.

Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox

Hofstra Law Review

This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.

It is counsel, and not any non-lawyer member of the multidisciplinary defense team which needs to be assembled to provide competent representation in a capital case, who bears ultimate responsibility for the team's performance and for decisions affecting the client and the case. This article describes the many respects in which counsel's specific obligations under both the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra …

The Corruption Of Civilizations, Timothy K. Kuhner

Faculty Publications By Year

No abstract provided.

Expansion Of Family Rights While Searching For The Meaning Of Life, Individuality, And Self, Saby Ghoshray

Santa Clara Law Review

No abstract provided.

The Rule Of Law In Action: A Defense Of Adversary System Values, Norman W. Spaulding

Cornell Law Review

No abstract provided.

2008-05-14 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.

The Bologna Process And German Legal Education: Developing Professional Competence Through Clinical Experiences, William A. Woodruff, Andreas Bucker

Scholarly Works

No abstract provided.

Representative Negotiation, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas O. Linder

Faculty Works

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …

The Public Expression Of Religion Act: Promoting Equality In Establishment Clause Jurisprudence, Kristen Morgan

Catholic University Law Review

No abstract provided.

Manual For Building Capacity Of Trainers And Program Managers In Emergency Contraception, Sharif M.I. Hossain, M.E. Khan, Mary Philip Sebastian, Sohini Roychowdhury

Reproductive Health

This manual equips trainers with appropriate knowledge on emergency contraceptive pills (ECPs). Emergency contraception (EC) refers to any method of contraception that can be used by a woman to prevent an unwanted pregnancy within three days of unprotected intercourse or a contraceptive accident such as condom leakage. This manual discusses ECPs and the provision of related services. After a day’s training, trainers have the knowledge and skills necessary to train service providers and workers on ECPs. The manual is divided into four sessions. The first provides an overview of the demographic and reproductive health (RH) situation in South and South …

Binder: The Sapphire Award 2008 Profiles: Recognizing Community Health Excellence, The Blue Foundation For A Healthy Florida

Florida Blue Archives Printed Materials

No abstract provided.

2008 Sapphire Award Nomination Form, 2 Copies, Blue Cross And Blue Shield Of Florida, Inc.

Florida Blue Archives Printed Materials

2008 Sapphire Award Nomination Form.

Introduction: Formalism, Informalism, And Innovation In Space And Telecommunications Law, Matthew Schaefer

Nebraska Law Review

The University of Nebraska College of Law hosted its second major space and telecommunications law conference on May 1-3, 2008, at the Cornhusker Marriott Hotel. Among the conference attendees were seven admitted students to the Law College's inaugural LL.M. (Master of Laws) class that will enroll in August 2008. As with its first conference on March 2, 2007, the conference drew speakers from a wide swath of academia, government, and the private sector, with national and international connections. The theme of this year's conference was "Formalism, Informalism, and Innovation in Space and Telecommunications Law." It built upon discussions on this …

The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee

Indiana Journal of Global Legal Studies

The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect-" judicial activism"-legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists …

Virtual Clients: An Idea In Search Of A Theory (With Limits), Stephen Gillers

Faculty Articles

Lawyers owe professional obligations to clients and it is usually pretty easy to identify a lawyer's clients, but it is getting more difficult. In recent decades, courts have recognized duties to individuals or entities who are in no sense traditional clients. These duties might lead to liability or disqualification from a matter. This Article, which was given as the Tabor Lecture at Valparaiso University School of Law, identifies seven categories of "virtual clients" and tries to define each category, the justifications for it, and the consequences of virtual client status. It distinguishes other circumstances in which a lawyer may have …

The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …

Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

The acceptance and use of mediation by courts--at the state and federal level-- has grown steadily over the last several decades. Today, mediation is a central element in the overall case-management system of many courts, and this phenomenon continues to grow unabated.At the same time, however, another quite different phenomenon has emerged--the expression of serious criticism from mediation scholars and experts about the way mediation is used by the courts. Indeed, it appears that judges and lawyers in the court system, on the one hand, and mediation experts on the other, understand court-related mediation--and mediation itself--in very different terms. Ironically, …

Requiem For Section 1983, Paul D. Reingold

Articles

Section 1983 no longer serves as a remedial statute for the people most in need of its protection. Those who have suffered a violation of their civil rights at the hands of state authorities, but who cannot afford a lawyer because they have only modest damages or seek only equitable remedies, are foreclosed from relief because lawyers shun their cases. Today civil rights plaintiffs are treated the same as ordinary tort plaintiffs by the private bar: without high damages, civil rights plaintiffs are denied access to the courts because no one will represent them. Congress understood that civil rights laws …

The Upc Authorizes Notarized Wills, Lawrence W. Waggoner

Articles

This article reports on a 2008 amendment to the Uniform Probate Code that permits notarization as a method of will execution.

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Articles

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …