Digital Commons Network^™

Effect Of International Comity On The Application Of The Attorney-Client Privilege And Foreign Privilege Laws In U.S. Patent Litigation, Robert A. Mcfarlane

Santa Clara High Technology Law Journal

No abstract provided.

Seagate Equals Sea Change: The Federal Circuit Establishes A New Test For Proving Willful Infringement And Preserves The Sanctity Of The Attorney-Client Privilege, Brian Ferguson

Santa Clara High Technology Law Journal

No abstract provided.

Public Interest Research, Collaboration, And The Promise Of Wikis, Tom Cobb

Articles

One of my central goals in teaching law is to help students find ways to apply their emerging analytical powers and professional skills to promote the public interest.A related goal is to create an engaging learning experience in which students see each other—and other members of the legal community—as key resources in their education.

To help accomplish these goals, I have been formally and informally collaborating with clinics—the traditional home of public interest law and collaborative learning in most law schools— to find ways to infuse my legal writing classes with clinical methods and values. This article describes a class …

Richmond Law Magazine: Winter 2007

Richmond Law Magazine

Features:

Creative Balance: Intellectual Property and Free Expression

Hanging a Shingle in Cairo: Practice Among the Pyramids Brings Rewards, Challenges

From the Streets to a GED: Law Students Volunteer for Offender GED Program

About Women, War And Darfur: The Continuing Quest For Gender Violence Justice, Mary Deutsch Schneider

North Dakota Law Review

No abstract provided.

Deference To A Hearing Panel?: Emerging Trends In The Disciplinary Decisions Of The Supreme Court Of North Dakota - 2004-2007, Katharine Traylor Schaffzin

North Dakota Law Review

No abstract provided.

Proceedings Of The One Hundred Eighth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

2007 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Criminal Procedure Within The Firm, Samuel W. Buell

Faculty Scholarship

It seems improbable that the theoretical and doctrinal framework of criminal procedure, developed mostly through a binary model of the individual and the state, would fit without modification in the tripartite model of the state, the firm, and the individual that characterizes the investigation and sanctioning of criminal conduct within legal entities. This intuition—which has been underexplored in spite of heated public debate about the state’s practices in this area—proves correct. I develop some components of a framework for understanding procedure for individual cases of criminal wrongdoing within firms and generating insights to guide reform. The process of pursuing individual …

Transgender And Transsexual Identities: The Next Strange Fruit—Hate Crimes, Violence And Genocide Against The Global Trans-Communities, Jeremy D. Kidd, Tarynn M. Witten

Journal of Hate Studies

In this paper, we review the literature on global transgender hate crimes, violence, and abuse. We point out that it is possible to infer that this problem is not localized to the United States but rather, represents a global pandemic of focused prejudice. We point out that it can be viewed not only as an extremely serious and immediate public health problem, but also as genocide against a consistently invisibilized minority population. We provide concrete examples from the researchers’ field studies as well as from the published literature.

The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon

Faculty Scholarship

Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …

Congress, Article Iv, And Interstate Relations, Gillian E. Metzger

Faculty Scholarship

Article IV imposes prohibitions on interstate discrimination that are central to our status as a single nation, yet the Constitution also grants Congress broad power over interstate relations. This raises questions with respect to the scope of Congress's power over interstate relations, what is sometimes referred to as the horizontal dimension of federalism. In particular, does Congress have the power to authorize states to engage in conduct that otherwise would violate Article IV? These questions are of growing practical relevance, given recently enacted or proposed measures – the Defense of Marriage Act (DOMA) being the most prominent example – in …

Launching A Global Rule Of Law Movement: Next Steps November 10, 2005, Katharina Pistor, William Ide, Sandra Day O'Connor, Hilario Davide

Faculty Scholarship

KATHERINE PISTOR: Let me just first express my thanks to the American Bar Association for asking me to be the rapporteur for this conference. I've always felt honored for having been asked. I have to say I feel now even more humbled by the collective wisdom and experience and know-how that has been assembled here and has been expressed over the past two days. So I am in no position right now to pull it all together and give you the strategy of how to move forward. In fact, I do plan to come back to many of you and …

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes

All Faculty Publications

This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …

Optimal Formation Of Supplier Networks For Product Design And Production Phases To Realize An Evolving Product Family, Padmavathi K. Pakala

Masters Theses

"Due to rapid changes in customer requirements and vast improvements in technology, many product development companies have identified strategies like time-to-market (TTM) compression and product family development as critical for attaining success in today's hyper-competitive markets. Compressing the TTM, to a large extent, is dependent on the suppliers and the project execution skills of the integrator companies. This study presents a methodology for selecting suppliers for two significant phases of the product realization process, namely, product design and production. The proposed methodology uses a two-stage approach for supplier selection where suppliers for product design are selected in the first stage …

High Times In Wyoming: Reflecting The State's Values By Eliminating Barriers And Creating Opportunities For Women In The Equality State, Dona Playton, Stacey L. Obrecht

Wyoming Law Review

No abstract provided.

The Effect Of Energy Development On The Courts, John R. Perry

Wyoming Law Review

No abstract provided.

Clinical & Externship Programs, Jennifer Gundlach, Robert Dinerstein, Irene Bowen, Kerie Gould, Christine Griffin

Hofstra Law Faculty Scholarship

Clinics provide an opportunity for students to engage in a very critical, reflective process about their role as lawyers representing clients and about their position within the legal profession as a whole. In some ways, it makes my job quite easy. It is such a natural outgrowth of all of the conversations that I am having with students, including those with disabilities, to think and talk with them about the areas that challenge them and to begin to explore that as they are taking on this practicing role. Additionally, it gives me the opportunity to talk with them about their …

Family Court And The Unique Needs Of Children And Families Who Lack Immigration Status, Theo Liebmann

Hofstra Law Faculty Scholarship

Language abounds in the New York Family Court Act on the Court's duties to aid families in crisis, to maintain families whenever appropriate, to safeguard children's well-being, and to provide children with permanency in their lives. These are not narrow obligations, and as the population served by the New York City Family Court changes, its judges, practitioners, and agencies must adapt. The Court today must meet the challenge of a dramatically changing demographic: the ever-rising number of children and families in New York City who do not have legal immigration status. This Article examines the complex interplay between immigration issues …

Guardian Angel (Ireland), Thomas Cooney

Case studies

It was the summer of 2006 and three friends of many years had come up with a business idea that they believed could be a money-spinner for all of them. Maria Harrison, Krystle Malone and Marie Lyons had all been students at the Technological University Dublin and had recently completed their degree in Marketing. As part of their programme, they had taken a course on Entrepreneurship by way of interest rather than any deep-rooted desire to start their own business. But now, they are about to meet a venture capital company to ask for €300,000 to get the business started. …

Marriages Of Convenience: International Marriage Brokers, 'Mail-Order Brides,' And Domestic Servitude, Suzanne H. Jackson

GW Law Faculty Publications & Other Works

The International Marriage Broker Regulation Act of 2005 (IMBRA) expands federal regulation of the burgeoning "mail-order bride" industry by requiring international matchmaking agencies to conduct minimal criminal background checks on their U.S.-based clients and disclose the results to participating women, obtaining their signed consent before releasing any contact information to male clients. Two federal suits challenging IMBRA complain that it violates equal protection guarantees by exempting not-for-profit and religious matchmaking agencies, and violates First Amendment protections for commercial speech by regulating the agencies' communications with its clients. Defenders of the law's constitutionality accurately but incompletely describe IMBRA's purpose as preventing …

Mr. Prinzo's Breakthrough And The Limits Of Confidentiality, Nancy J. Moore

Faculty Scholarship

Engaging students in the required Professional Responsibility course is not always easy. There are many ways we attempt to overcome this resistance, including bringing in current events, emphasizing remedies other than lawyer discipline, and making use of a number of currently available audio-visual aids, including clips from movies and television shows. In this article, the author describes her use of Mr. Prinzo's Breakthrough, an absurd, black humor short story by Bruce Jay Friedman, to teach the limits of the obligation of confidentiality.

Bankruptcy Reform And Homeownership Risk, Melissa B. Jacoby

Faculty Publications

No abstract provided.

The Supreme Court Of Canada Crumbles Mr. Christie's Cookie, Anthony F. Sheppard

All Faculty Publications

In British Columbia (Attorney General) v. Christie, 2007 SCC 21, [2007] 1 SCR 873, the unanimous full bench of the Supreme Court of Canada upheld a provincial sales tax ("PST") on legal services, rejecting a Charter challenge and overturning the lower courts' decisions that partially invalidated the tax. The taxpayer, a lawyer practising poverty law in British Columbia, challenged the validity of a provincial sales tax charging 7 percent on fees billed for legal services and payable on billing. The PST on legal services required lawyers and notaries public in private practice to add the tax onto their billings. The …

Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan

Articles by Maurer Faculty

The issue of outsourcing jobs abroad stirs great emotion among Americans. Economic free-traders fiercely defend outsourcing as a positive for the U.S. economy while critics contend that corporate desire for low wages solely drives this practice. In this study I focus on a specific type of outsourcing, one which has received scant scholarly attention to date - legal outsourcing. Indeed because the work is often paralegal in nature, many see the outsourcing of legal jobs overseas as no different from other types of outsourcing. But by using as my case studies both the United States and India, the latter which …

Scholarly Discourse, Public Perceptions, And The Cementing Of Norms: The Case Of The Indian Supreme Court And A Plea For Research, Jayanth K. Krishnan

Articles by Maurer Faculty

For economic and nuclear reasons, India has received considerable attention over the last decade from observers in the United States. But attuned Americans are well-aware of India's rich culture and status as a shining constitutional democracy for most of its post-1947 independent history. For all that India has accomplished, however, its public has long viewed its government officials with great disdain. At the same time, a fascinating norm exists in this society which holds one institution in exceedingly high regard - the Indian Supreme Court.

In this article, I seek to examine what accounts for this counter-intuitive norm. As opposed …

"Rum, Sodomy, And The Lash" What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Elizabeth L. Hillman, Sharra E. Greer, Warrington S. Parker Iii, Diane H. Mazur

Faculty Scholarship

No abstract provided.

Comparison Of Two Treatments For Finger Tip Amputation: A Retrospective Cohort Study, Karen Olson

USF Tampa Graduate Theses and Dissertations

Purpose: To compare the costs and length of disability for conservative treatment versus skin grafting of distal finger and thumb tip amputations. Methods: Thirty-five zone I finger or thumb tip amputations in thirty-five workers in the Southeastern United States were included in this study. Twenty-four were treated with conservative treatment (bandaging to protect the wound). Eleven were treated with skin grafting. The total cost of medical care, total cost including wage replacement, and the length of disability were compared between the two groups. Impairment at the end of treatment was considered. Results: Even when the cost of wage replacement was …

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport

Scholarly Works

This essay argues that organizations (here, the Milbank, Tweed law firm) often ignore obviously bad behavior by their employees because of various psychological and sociological factors that prevent them from recognizing the behavior as bad in the first place.