Digital Commons Network^™

Class Actions And The Poor., Henry Rose

Faculty Publications & Other Works

No abstract provided.

Sink Or Swim Together: Citizenship, Sovereignty, And Free Movement In The European Union And The United States, Francis J. Conte

University of Miami Law Review

No abstract provided.

Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung

Fordham Journal of Corporate & Financial Law

No abstract provided.

2007 Annual Report To The Governor And The General Assembly, Tennessee Ethics Commission

Annual Reports

No abstract provided.

Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek

University of Colorado Law Review

Many commentators have described, and lamented, the gap between the legal academy and the practice of law. This article takes a more hopeful approach. The American Bar Association, the accrediting body for law schools, appears to have been nudging law schools toward offering, and even requiring, more and more practical legal education to teach law students how to perform the tasks they will need in order to practice in a competent manner. The article examines the 2001 amendment to the ABA Standards for Accreditation, which required, for the first time, an "additional rigorous writing experience after the first year, " …

Child Welfare Law Office Guidebook: Best Practice Guidelines For Organizational Legal Representation Of Children In Abuse, Neglect, And Dependency Cases, Colene Flynn Robinson

University of Colorado Law Review

No abstract provided.

The Colorado Constitution In The New Century, Richard B. Collins

University of Colorado Law Review

TABOR, gay marriage, pit bulls, guns, redistricting, ethics in government, school vouchers, and minimum wage have been on Colorado's constitutional agenda for the past seven years. Dale Oesterle and I authored a book-length study of the Colorado Constitution through 2001.1 This article reviews amendments and judicial decisions arising since. It should surprise no one that TABOR has generated by far the most decisions.

Some Realism About Professionalism: Core Values, Legality, And Corporate Law Practice, Christopher J. Whelan

Buffalo Law Review

No abstract provided.

Tough Love: Should We Analyze Federal Emergencymanagement Agency Disaster Planning Under The National Environmental Policy Act?, Katherine Hausrath

UC Law Environmental Journal

No abstract provided.

Portugal Fondo De Garant­A De Depósitos Annual Report 2007, Fondo De Garant­A De Depósitos Portugal

Documents

No abstract provided.

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

Abolishing Capital Punishment: A Feminist Outlook And Comparative Analysis Of The Death Penalty Using Equal Protection And Gender Discrimination Law, Yeemee Chan

Nova Law Review

No abstract provided.

Spam (Supremacy Clause, Public Forums, And Mailings): The Fifth Circuit's Interpretation Of The Can-Span Act In White Buffalo V. University Of Texas Comment., Jason A. Smith

St. Mary's Law Journal

Unsolicited email advertisement, spam, has been a problem of the internet since its inception. In the face of this onslaught, users have fought back with a variety of methods, involving filtering software. Users have also resorted to the courts, suing spammers under the “trespass to chattels” theory. Not all courts have agreed with this theory, as there is often little evidence of the owner’s use of their servers being adversely affected by a digital trespass. While the states were the first to address overwhelming amount of spam, Congress address the issue with the first nationwide anti-spam legislation, the CAN-SPAM Act. …

International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Ethan S. Burger

St. Mary's Law Journal

The internationalization of legal practice presents numerous issues for lawyers, such as obtaining qualifications to practice law in foreign jurisdictions and developing the necessary knowledge. Different and possibly conflicting notions of standards of care and professional responsibility will arise. Globalization is widely regarded as the principal driving force in international economic and political relations. From the standpoint of business activity there are myriad ways to assess the impact of globalization. These include tracking rates of exchange, observing altered methods, or examining how attitudes and information has changed. Globalization has increased the demand for specialized accounting and legal services connected with …

Updating The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.

Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch

Case Western Reserve Journal of International Law

No abstract provided.

Origins Of The Genocide Convention, Henry T. King Jr., Benjamin B. Ferencz, Whitney R. Harris

Case Western Reserve Journal of International Law

No abstract provided.

Act Like A Lawyer, Be Judged Like A Lawyer: The Standard Of Care For The Unlicensed Practice Of Law, Sande L. Buhai

Utah Law Review

The Washington model, in which limited unlicensed practice is explicitly authorized, regulated, and subjected to an ex post attorney's standard of care, is by far the cleanest approach to the problem. For jurisdictions that mediate between permitted and unpermitted provision of legal services by non-lawyers by finetuning their definition of "practice of law," one of two approaches may accomplish the desired ex post goal. First, courts may define "practice of law" expansively for ex post standard of care purposes while restricting it for ex ante regulatory purposes. Although this is effectively the equivalent of the Washington model, it may prove …

Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards

Utah Law Review

A brief exploration of the intrinsic limitations of common-law marriage and cohabitation contracts in light of Utah law indicates that these two classic remedies for unmarried cohabitants are quite ineffective in providing protection to dependent partners in cohabitant relationships. In addition, Utah's current laws are arranged in a way that leaves Utah wide open to absorb the costs of the inevitable consequences of cohabitation relationships-break-up. Utah's laws provide no economic relief or protection to unmarried cohabitants where one partner is a provider and the other a dependent. The lack of legal protections will often result in the dependent partner relying …

Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley

Utah Law Review

The issue of victims' access to presentence reports will undoubtedly receive more and more attention as federal courts continue to give definition to the provisions of the Crime Victims' Rights Act. While the CVRA clearly seeks to provide victims a greater participatory role in the criminal justice process, confidentiality concerns may outweigh full disclosure ofpresentence reports.

Treating Crime Victims Fairly: Integrating Victims Into The Federal Rules Of Criminal Procedure, Paul G. Cassell

Utah Law Review

Federal courts should treat crime victims fairly in the criminal process. In a nod to that goal, the Advisory Committee on the Federal Rules of Criminal Procedure (Advisory Committee) has circulated for public comment proposed amendments to the Federal Rules of Criminal Procedure (the Rules) regarding crime victims' rights. These amendments attempt to implement the recentlyenacted Crime Victims' Rights Act (CVRA),l which guarantees crime victims a series of rights, including the right to be treated fairly. Unfortunately, the proposed amendments are mere tentative, half measures that do not begin to fully protect crime victims.

Maine Law Magazine - Issue No. 86, University Of Maine School Of Law

Maine Law Magazine

Contents

• News Briefs
• Feature: Life, Work, Balance
• Feature: Bankruptcy
• Around Campus
• Faculty Notes
• Giving Back
• Alumni Feature

Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

When considering the defendant's plea, barristers, like lawyers, have two overriding, selfish interests: maximizing remuneration and avoiding sanction. The tension between defendant and defender is most acute when the defendant is indigent and the defender has been chosen to represent him. It is their relationship that is addressed in this article.

The goal is to align the defender's selfish interests with the defendant's need for thoughtful advice over how to plead, so that, behind the guise of apparently disinterested advice, the advocate is not pursuing his interests at the defendant's expense. By contrast to most American practice, the method of …

Comments: Electronic Access To Court Records: Shifting The Privacy Burden Away From Witnesses And Victims, John Losinger

University of Baltimore Law Review

No abstract provided.

Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs

University of Baltimore Law Review

No abstract provided.

Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner

University of Baltimore Law Review

No abstract provided.

Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill

Cardozo Journal of International and Comparative Law

The People's Republic of China (PRC or China) has emerged as the world's premier destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad. While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990s, entering into new generation BITs that break with her …

Achieving Synergies In Prevention Through Linking Sexual And Reproductive Health And Hiv Services, Ian Askew

Reproductive Health

Integration, linkages, and synergies are widely used terms among those interested in strengthening the relationship between sexual and reproductive health services and HIV prevention. These conference proceedings explore the terms conceptually and review the wide range of combinations of SRH and HIV prevention services that have been linked or integrated. Several different combinations have proven feasible and acceptable in pilot situations, but there remains a lack of evidence as to their effectiveness in changing behaviors, including preventing HIV transmission. There is also limited experience with scaling up successful models and a need to move beyond a focus on services to …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum,, Bernard D. Reams Jr., Michael P. Forrest

Faculty Articles

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results.

Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges and prospects of legal reform aimed at addressing domestic violence against women in Nigeria. It highlights the inadequacy of current laws, the cultural and societal barriers that discourage victims from seeking redress, and the need for comprehensive legal and systemic changes to protect women's rights. The analysis emphasizes the importance of addressing economic, cultural, and educational disparities to create a more just and equitable legal framework.