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Amicus (Volume 6, Issue No. 2) (Winter 2008), Roger Williams University School Of Law

Amicus

No abstract provided.

Forced Labor In The United States: A Contemporary Problem In Need Of A Contemporary Solution, Chrissey Buckley

Human Rights & Human Welfare

Legal slavery ended in the United States in 1865, yet the practice of forcing individuals to work against their will, oftentimes in inhumane conditions, continues today. Currently there are around 50,000 people working in forced labor situations in the United States (Bales 47). Although this number is smaller than it was during the 18th century, finding and freeing these individuals is difficult because they are hidden away and exploited. The United States is now at a critical juncture in its struggle to end forced labor. In 2000, the U.S. Government enacted legislation that holds perpetrators of forced labor accountable, and …

The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson

All Faculty Scholarship

The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family …

Access To Justice - Rights Or Rations? Comparing European Legal Aid Systems In The Context Of A Shrinking Budgetary Environmentâ, Lynne Follett

The Plymouth Law and Criminal Justice Review

The inspiration for this thesis was derived from a week spent in the family law department of a local solicitor's practice. The UK government's reforms to the legal aid system were about to be implemented and appeared to be affecting the work undertaken as well as the morale of the solicitors working there. The discussion reviews the recent and proposed reforms to legal aid in England and Wales and their effect on access to justice. A comparison is made with other legal aid systems within the EU, examining best practices and the rationale behind implementation of reforms in order to …

Civil Evidence, Angela C. Zambrano, Margaret H. Allen, John O'Connor

SMU Law Review

No abstract provided.

Blending Doctrine, Practice, And Purpose In Legal Education: The Case For An Integrated Pedagogy, Debra M. Schneider

Theses and Dissertations

Traditional legal education is sorely imbalanced. A law student receives rigorous training in legal doctrine and analytical skills—he learns to "think like a lawyer"—but is left with little training in practical skills or his ethical role in society. Moreover, law schools rely almost exclusively on the ineffectual pedagogy of the case-dialogue, or "Socratic," method. Several factors explain this entrenched imbalance, most notably the academy's top-down power structure and its budget constraints. Increasingly, however, the marketplace is demanding practice-ready lawyers who have strong training not only in doctrine but in practical skills and ethics. Law schools, responding to this market pressure, …

Richmond Law Magazine: Winter 2008

Richmond Law Magazine

Features:

New Faculty Excel

State of the Family

A Summer at Cambridge

Women Power

Nuisance-Value Patent Suits: An Economic Model And Proposal, Ranganath Sudarshan

Santa Clara High Technology Law Journal

No abstract provided.

A Vexatious Problem Among Many: In Light Of The Conflict Between The Fifth And Sixteenth Amendments, Is Taxation An Uncompensated Taking?, Mark R. Jundt, Vernon R. Pederson

North Dakota Law Review

No abstract provided.

Reporters Without Borders, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

No abstract provided.

Parent's Guide, 2008-2012, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department

Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek

Osgoode Hall Law Journal

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the …

Sustainable Professionalism, Trevor C. W. Farrow

Osgoode Hall Law Journal

This article challenges traditional visions of lawyering by building on current alternative narratives and articulating a new discourse of professionalism that is personally, politically, ethically, economically, and professionally sustainable. It is a discourse that makes space for lawyers' principles, interests, and life preferences by balancing them with other important interests (including, but not dominated by, those of clients). It is a discourse that seeks to make good on aspirational promises of equality, access to justice, and protecting the public interest. And it is a discourse that takes seriously obligations to, as well as benefits from, the culturally complicated makeup of …

The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin

Osgoode Hall Law Journal

There is a clear public interest benefit for lawyers to ensure access to the rule of law, especially on the part of the vulnerable. This article seeks to show that the seemingly simple relationship between the legal profession and the public interest is in fact more complicated than it looks. Pro bono may be viewed from two perspectives-that of the lawyer and that of the client. From the perspective of the lawyer, the important question is whether there is ethical motivation to engage in pro bono. If, however, the perspective of the client is paramount, then meeting the client's needs …

Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman

Osgoode Hall Law Journal

This commentary considers what lawyers should do when confidential information from their minor clients indicates that the minor's instructions either present a substantial risk of harm to the minor or are irrational. The commentary then asks readers to decide whether and how their personal resolution should be generalized into the law of professional responsibility. The author compares current Ontario and Massachusetts law with a new Massachusetts proposal. The author strongly criticizes the proposal as violating the tenuous compromise between "client-directed" and "best- interests" or "substituted judgment" theories that appear to govern in both jurisdictions in favour of a rule that …

Ethical Considerations When Representing Health Care Organizations, John M. Burman

Wyoming Law Review

No abstract provided.

Wglt Program Guide, January-February, 2008, Illinois State University

WGLT Program Guides

This guide details programming for WGLT, a public radio station owned by Illinois State University.

Dedication To The Honorable Mildred Ramynke, South Dakota Law Review, David Gilbertson, Roger Wollman, Jeff Larson, Harvey C. Jewett Iv, Stephanie Herseth Sandlin

South Dakota Law Review

No abstract provided.

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

South Dakota Law Review

No abstract provided.

Gone In Sixty Milliseconds: Trademark Law And Cognitive Science, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that "Kodak soap" was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark. Trademark owners think dilution is harmful but have had difficulty explaining why. Many courts have therefore been reluctant to enforce dilution laws, even while legislatures have enacted more of them over the past half century. Courts and commentators have now begun to use psychological theories, drawing on associationist models of cognition, to …

Socioeconomic Disparities In Health: A Symposium On The Relationships Between Poverty And Health, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The disparities in health between the rich and poor are so striking, and the results so dire, that reducing the gap is an ethical imperative.

A strong and consistent finding of epidemiological research is that socioeconomic status (SES) is correlated with morbidity, mortality, and functioning. SES is a complex combination of income, education, and occupation. Theorists posit that material disadvantage, diminished control over life's circumstances, and lack of social acceptance all contribute to poor health outcomes. The relationship between SES and health often is referred to as a "gradient" because of the graded and continuous nature of the association; health …

In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson

Osgoode Hall Law Journal

While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …

Book Review: In The Public Interest: The Report And Research Papers Of The Law Society Of Upper Canada's Task Force On The Rule Of Law And The Independence Of The Bar, By The Law Society Of Upper Canada, Janet Leiper

Osgoode Hall Law Journal

No abstract provided.

Book Review: Lawyers Gone Bad: Money, Sex And Madness In Canada's Legal Profession, By Philip Stayton, Lorraine Lafferty

Osgoode Hall Law Journal

No abstract provided.

A Comment In Rosenberg's New Edition Of The Hollow Hope, Richard Delgado

Articles

No abstract provided.

Pandemic Preparedness Among Sudanese Migrants In Greater Cairo, Yasmine Ahmed, Rebecca Dibb

Faculty Journal Articles

This study looked at the perceptions and vulnerabilities of Sudanese migrants to an influenza pandemic in Egypt. Migrants’ limited access to health and non-health public services in Egypt and the absence of a specific migrants’ component in the Egyptian National Pandemic Preparedness Plan provide indication of the vulnerability of migrants, both in terms of prevention and actual protection during a pandemic. This research project, commissioned by the International Organization for Migration (IOM) and conducted by the Centre for Migration and Refugee Studies (CMRS) at the American University in Cairo, aimed to provide a situational analysis of pandemic preparedness among the …

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

Dubai Or Not Dubai?: A Review Of Foreign Investment And Acquisition Laws In The U.S. And Canada, Chris Lalonde

Vanderbilt Journal of Transnational Law

The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be described as one of the most politically contentious acquisitions in U.S. history. The transaction raised questions not only about U.S. foreign investment laws but provoked national security concerns, as well. Similar issues were raised more recently during the acquisition of a share in Nasdaq by the Dubai stock exchange. In the same vein, Canada has seen similar issues arise during recent transactions involving domestic companies--most notably the acquisition of PrimeWest Energy by TAQA, the national energy company of …

The Importance Of An Independent Bar, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This paper, presented at International Bar Association's 10th Transnational Crime Conference in Washington, D.C., on June 9, 2007 begins from the premise that, as the world becomes more complex and therefore more dangerous, governments seek to limit individual rights in the name of crime control and/or national security. The paper cautions that we must always keep in mind that individual rights once lost are not easily regained. Accordingly, the unique and important role of an independent bar in protecting and defending liberty is more, not less, important than ever before. Thus, the efforts of the lawyers, military and civilian, to …