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Articles 23071 - 23100 of 53940

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Due Process Rights And Terrorist Emergencies, James W. Nickel Jan 2007

Due Process Rights And Terrorist Emergencies, James W. Nickel

Articles

This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …

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Demo 06, Columbia College Chicago Jan 2007

Demo 06, Columbia College Chicago

Alumni Newsletters

Alumni newsletter from Winter 2007-2008 entitled "DEMO6." This issue is 52 pages.

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Practicing Globally: Extraterritorial Implications Of The Usa Patriot Act's Money-Laundering Provisions On The Ethical Requirements Of Us Lawyers In An International Environment, Pamella Seay Jan 2007

Practicing Globally: Extraterritorial Implications Of The Usa Patriot Act's Money-Laundering Provisions On The Ethical Requirements Of Us Lawyers In An International Environment, Pamella Seay

South Carolina Journal of International Law and Business

No abstract provided.

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The Market For Bad Legal Scholarship: William H. Simon's Experiment In Professional Regulation, The, Bruce A. Green Jan 2007

The Market For Bad Legal Scholarship: William H. Simon's Experiment In Professional Regulation, The, Bruce A. Green

Faculty Scholarship

William H. Simon is a highly regarded law professor and legal theorist whose principal subjects include the legal profession. Much of his scholarship challenges conventional professional norms and practices. His most recent article targets lawyers, especially law professors, who advise clients and serve as expert witnesses. His basic premise is that some clients do not seek lawyers' accurate, honest views but want their lawyers to ratify their proposed or past conduct regardless of its lawfulness, and that law professors and other lawyers sometimes satisfy this market by giving "bad legal advice." To discourage lawyers from doing so, and to minimize …

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Resolving Employment Retention Barriers To Enhance Self-Sufficiency For Missoula County Tanf Recipients, Deborah Evelyn Holland Jan 2007

Resolving Employment Retention Barriers To Enhance Self-Sufficiency For Missoula County Tanf Recipients, Deborah Evelyn Holland

Graduate Student Theses, Dissertations, & Professional Papers

This study examined the issues of barriers and employment retention in a rural county welfare-to-work setting, the Missoula, Montana WoRC Program. Qualitative research (study one) was conducted, to interview clients regarding reasons why they had lost jobs in the past, and, to elicit their suggestions regarding new services the WoRC Program could offer to help with employment retention at future jobs. Study one results indicated that the primary barriers resulting in job loss were: family issues; medical problems; mental health disorders; work site difficulties; and other (i.e. boredom, attitude problems). Work adjustment proved to be an underlying barrier to employment …

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The Gift Of Milner Ball, Thomas L. Shaffer Jan 2007

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

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Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto Jan 2007

Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In the past decade, and particularly since 1998, there has been an incredible transformation in the treatment of sex-based and gender- based violence' in the fields of international humanitarian law and international criminal law. Before this, crimes committed exclusively or disproportionately against women and girls, in times of conflict, were largely either ignored, or at most, treated as secondary to other crimes. Despite the fact that rape and other forms of sexual violence had been widely reported during World War HI, for instance, the crime of rape was not expressly included in either the London Charter, establishing the International …

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Private Judges, Public Juries: The Ohio Legislature Should Rewrite R.C. 2701.10 To Explicitly Authorize Private Judges To Conduct Jury Trials, John W. Whittlesey Jan 2007

Private Judges, Public Juries: The Ohio Legislature Should Rewrite R.C. 2701.10 To Explicitly Authorize Private Judges To Conduct Jury Trials, John W. Whittlesey

Case Western Reserve Law Review

No abstract provided.

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Employee Benefit Plans With Conforming Changes As Of March 1, 2007; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Employee Benefit Plans Audit Guide Revision Task Force Committee Jan 2007

Employee Benefit Plans With Conforming Changes As Of March 1, 2007; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Employee Benefit Plans Audit Guide Revision Task Force Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

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Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic Jan 2007

Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Unlocking The Doors To Justice: Protecting The Rights And Remedies Of Domestic Workers In The Face Of Diplomatic Immunity, Amy Tai Jan 2007

Unlocking The Doors To Justice: Protecting The Rights And Remedies Of Domestic Workers In The Face Of Diplomatic Immunity, Amy Tai

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Aicpa Professional Standards: Code Of Professional Conduct And Bylaws As Of June 1, 2007, American Institute Of Certified Public Accountants Jan 2007

Aicpa Professional Standards: Code Of Professional Conduct And Bylaws As Of June 1, 2007, American Institute Of Certified Public Accountants

AICPA Professional Standards

No abstract provided.

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Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee Jan 2007

Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee

University of Florida Journal of Law & Public Policy

No abstract provided.

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Cost-Based And Rules-Based Regulatory Competition: Markets For Corporate Charters In The U.S. And The E.U., Marco Ventoruzzo Jan 2007

Cost-Based And Rules-Based Regulatory Competition: Markets For Corporate Charters In The U.S. And The E.U., Marco Ventoruzzo

Faculty Scholarship

Regulatory competition in corporate law is increasing in Europe and, not differently from what happens in the US, a market for corporate charters is developing in Europe. This article examines the differences between the US corporate law market, and the European one - to the extent that one exists. The basic idea is that, in Europe, there is a stronger competition for the (first) incorporation of rather small, closely-held corporations; while in the US a small closely-held corporation usually incorporates locally, where its shareholders and directors are located, and reincorporates - often in Delaware - when it is growing and, …

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The Word And The Law, James Boyd White Jan 2007

The Word And The Law, James Boyd White

Articles

In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …

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Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson Jan 2007

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

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Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar Jan 2007

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

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Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander Jan 2007

Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander

Articles

Many of us appear surprised when families involved in the child protective system do not reunify. A parent’s path to reunification seems straightforward. Upon a finding of neglect, the court prescribes a basic regimen, typically consisting of parenting classes, counseling, drug testing, and a psychological evaluation, that a parent must fulfill prior to having the child returned to his/her custody. If a parent successfully completes these seemingly minimal requirements, the law requires reunification unless the return poses a “substantial risk of harm” to the child. With such high stakes involved, a clearly defined path for success, and the prospect of …

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Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges Jan 2007

Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Reforming Section 115: Escape From The Byzantine World Of Mechanical Licensing, Skyla Mitchell Jan 2007

Reforming Section 115: Escape From The Byzantine World Of Mechanical Licensing, Skyla Mitchell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Law School Catalog 2007, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Jan 2007

Law School Catalog 2007, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Law School Catalogs

No abstract provided.

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Big Interest Rates Under The Big Sky: The Case For Payday And Title Lending Reform In Montana, Jessie Lundberg Jan 2007

Big Interest Rates Under The Big Sky: The Case For Payday And Title Lending Reform In Montana, Jessie Lundberg

Montana Law Review

Big Interest Rates Under the Big Sky

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Bulletin 2007-2008, Seattle University School Of Law Jan 2007

Bulletin 2007-2008, Seattle University School Of Law

Viewbooks

No abstract provided.

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Civil Justice Problems And The Disability And Health Status Of Canadians, Ab Currie Jan 2007

Civil Justice Problems And The Disability And Health Status Of Canadians, Ab Currie

Journal of Law and Social Policy

No abstract provided.

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The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone Jan 2007

The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone

Journal of Law and Social Policy

No abstract provided.

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Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus Jan 2007

Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus

Fordham Law Review

After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …

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"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein Jan 2007

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein

Fordham Law Review

No abstract provided.

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The Corporate/Securities Attorney As A 'Moving Target' - Client Fraud Dilemmas, Marc I. Steinberg Jan 2007

The Corporate/Securities Attorney As A 'Moving Target' - Client Fraud Dilemmas, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This Paper analyzes the enhanced responsibilities and liability concerns that corporate/securities attorneys have in the post-Enron era. State ethical rules, SEC pronouncements, and court decisions are addressed. The ramifications of the Sarbanes-Oxley Act with respect to its impact on legal counsel also are explored. The Paper also provides insight focusing on the business attorney's role as counselor and gatekeeper when faced with the prospect of client fraud.

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The Financial Implications And Organizational Cultural Perceptions Of Implementing A Performance Management System In A Government Enterprise, Hugh Van Seaton Jan 2007

The Financial Implications And Organizational Cultural Perceptions Of Implementing A Performance Management System In A Government Enterprise, Hugh Van Seaton

UNF Graduate Theses and Dissertations

Successful organizations continually seek ways to improve productivity, reduce and control costs, and increase efficiency. Governmental entities also are driven by the need for increased efficiency and accountability in public service for their constituents.

There is a continuing need for better tools and a number of government entities have turned to performance management systems due to their promise of improvement in various areas of productivity and accountability. This research focused on one such system, Six Sigma, which has recently experienced widespread adoption in industry in the United States, internationally, and in some government organizations. In this study Six Sigma was …

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Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins Jan 2007

Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins

Faculty Publications

The relationship between remedies and race in U.S. tort law merits attention. This essay first challenges the boundary between civil rights and tort remedies by highlighting a stunning but previously overlooked 1959 Fifth Circuit case where an individual tort remedy served as a significant civil rights remedy in the integration of public transportation throughout the South. Second, the essay focuses on the relationship between race and damages from 1865 to the present. It argues that the torts system provided access to indigent plaintiffs of all races during periods when poor people were otherwise denied legal representation in every other context. …

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