Digital Commons Network^™

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Faculty Scholarship

No abstract provided.

Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler

Faculty Scholarship

In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …

Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher

Faculty Scholarship

No abstract provided.

Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone

Journal of Criminal Law and Criminology

No abstract provided.

Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin

Faculty Articles and Papers

In many jurisdictions, lawyer-run discipline systems are inefficient, overly lenient and insufficiently responsive to consumer's concerns. Queensland's Legal Profession Act 2004 (Qld) breaks away from that model by moving lawyer discipline out of lawyers' professional associations and into an independent agency. It articulates a decidedly consumer-oriented approach to lawyer discipline and gives Queensland's new Legal Services Commissioner the power to investigate and prosecute all discipline complaints. This article looks at Queensland's recent reforms, and considers how well the new system is meeting its twin goals of consumer protection and traditional lawyer discipline. Using interviews and other data, the article identifies …

Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker

Richmond Journal of Law & Technology

At the point where one of the most venerable principles of common law and the reality of modern information management collide, even the most diligent attorneys may become victims of the resulting fallout.

Camille Castillo Johnson V. Travis Paul Johnson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECREE OF DIVORCE, AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND AMENDED DECREE OF DIVORCE OF THE UTAH THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, THE HONORABLE LESLIE A. LEWIS PRESIDING.

2006 Legacy, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

The Continuing Storm: How Disaster Recovery Excludes Those Most In Need, Jonathan P. Hooks, Trisha B. Miller

California Western Law Review

No abstract provided.

Justice, Access To The Courts, And The Right To Free Counsel For Indigent Parents: The Continuing Scourge Of Lassiter V. Department Of Social Services Of Durham., Bruce A. Boyer

Faculty Publications & Other Works

No abstract provided.

Optimizing The Global Performance Of Build-To-Order Supply Chains, Tarek Shaalan

Electronic Theses and Dissertations

Build-to-order supply chains (BOSCs) have recently received increasing attention due to the shifting focus of manufacturing companies from mass production to mass customization. This shift has generated a growing need for efficient methods to design BOSCs. This research proposes an approach for BOSC design that simultaneously considers multiple performance measures at three stages of a BOSC – Tier I suppliers, the focal manufacturing company and Tier I customers (product delivery couriers). We present a heuristic solution approach that constructs the best BOSC configuration through the selection of suppliers, manufacturing resources at the focal company and delivery couriers. The resulting configuration …

A Multi-View Framework For Defining The Services Supply Chain Using Object Oriented Methodology, James Barnard

Electronic Theses and Dissertations

Supply-chain management is the practice combining theory from logistics, operations management, production management and inventory control. Therefore, it is often associated exclusively with manufacturing or materials management industries. Application of supply-chain management to other industries often results in implementations that do not satisfy the needs of the involved enterprises. To improve the implementation of supply-chain solutions outside of the materials management and manufacturing industries there is a need for industry specific standards. One industry sector in need of a standard is the services industry. The current problem facing the services sector is the inability to adapt current frameworks to the …

Front Matter

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green

Fordham Law Review

No abstract provided.

Swing Voters? Roman Catholics From 1992 To 2004, Lori Gula Wright

Master's Theses and Capstones

This thesis evaluates whether Catholics are swing voters, how their voting behavior has changed from 1992 to 2004, and what issues are influencing their voting behavior. National Election Survey datasets from 1992, 1996, 2000 and 2004 are used. Two models are evaluated, the ethnoreligious model and the culture wars thesis. In addition, this thesis looks at whether Catholics tend to be single-issue voters.

The research and analysis of this thesis support the conclusion that Catholics are not swing voters and that their voting patterns are more similar to the general electorate than ever before. Although religious, class and cultural issues …

Planet Of The Aps: Reflections On The Scale Of Law And Its Users, Marc Galanter

Buffalo Law Review

No abstract provided.

The Substantive Politics Of Formal Corporate Power, Martha T. Mccluskey

Buffalo Law Review

Corporations increasingly dominate the U.S. civil justice system, as Marc Galanter explains in his recent article, Planet of the APs: Reflections on the Scale of Law and its Users, 53 Buffalo L. Rev. 1369 (2006). My article builds on Galanter's discussion of corporate legal power by subjecting it to a critical legal perspective. In the conventional legal framework, corporations' privileged position appears to be an intractable puzzle, not an urgent injustice. That is because corporate power seems to be the generally necessary byproduct of a generally benign form (large, complex, legalistic organizations) or of generally benign, widely-shared normative principles (economic …

The Resolution Trust Corporation And Congress, 1989 – 1993. Part Ii: 1991 – 1993, Lee Davison

Documents

No abstract provided.

Let The Damages Fit The Wrong: An Immodest Proposal For Reforming Personal Injury Damages, Elaine W. Shoben

Scholarly Works

The modern legislative approach to tort reform has been a piecemeal process of altering single rules rather than reconsidering the fundamental principle of compensatory damages--the goal of making victims whole. When some aspect of damage doctrine has become disfavored, such as joint and several liability, legislatures and sometimes courts have made a change in that one rule. Lawmakers have focused little on the overall remedial scheme in tort and even less on the basic premise of compensatory damages and whether it is still justifiable.

Rather than comment on the wisdom of piecemeal reform, this article questions the premise of compensatory …

Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman

Faculty Articles

This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …

Civil Gideon: A Human Right Elsewhere In The World, Raven Lidman

Faculty Articles

The right to free counsel in civil cases is widely accepted around the world but not in the United States. In England the right originated over five hundred years ago. Twelve European countries provided the poor with free lawyers even before 1979, when the Council of Europe required its members to do so as a matter of international human rights law. The standards for eligibility and scope of legal services vary, and means and merit tests are common.

Restricting Kelo: Will Redefining Blight In Senate Bill 7 Be The Light At The End Of The Tunnel., Adrianne Archer

St. Mary's Law Journal

In Kelo v. City of New London, the United States Supreme Court extended the public use limitation to its most expansive definition yet. The Kelo decision enhanced the Fifth Amendment takings power by allowing the city of New London, Connecticut, to exercise eminent domain power in furtherance of an economic development plan. Notably, the city’s revitalization plan did not include a claim that the area subject to eminent domain was “blighted.” The Fifth Amendment provides that governments may wield the power of eminent domain and take private property for public use but only with just compensation. Generally, private property can …

Conflicting Loyalties Facing In-House Counsel: Ethical Care And Feeding Of The Ravenous Multi-Headed Client The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., William E. Matthews, Robert M. Hoffman, Daniel C. Scott

St. Mary's Law Journal

Because of corporate scandals that shook the business world, legislative, corporate, and public fingers immediately pointed at corporate attorneys for allowing such egregious conduct to occur. In 1983, the American Bar Association (ABA) passed Model Rule 1.13, which promoted the entity theory. Under the entity theory, the organization is the in-house counsel’s only client; and the in-house counsel’s primary duty is to act in the best interest of the organization. Whether the issue is deciding to make an executive compensation disclosure in a proxy statement, taking on a dual role within the organization, acting in compliance with heightened professional responsibility …

A Radical Proposal For Lifetime Professionalism The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Antonio Alvarado

St. Mary's Law Journal

Undeniably, the economics of law practice motivates the profession and immerses lawyers into a new professionalism paradigm not fully addressed by existing programs and activities. Linking professionalism to economic concerns might be considered heresy by some, yet now is the time to examine why the economic realities of practicing law sometimes cut short the best aspirations for high standards. Both the American Bar Association (ABA) and the State Bar of Texas focus extensively on questions concerning professionalism in the practice of law. Lawyers face significant economic burdens from several sources, and ironically technology does not always make practice easier. Often, …

Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren

Case Western Reserve Journal of International Law

No abstract provided.

The Imf's Role In A Post-Conflict Situation, Sean Hagan

Case Western Reserve Journal of International Law

No abstract provided.

"Peoples Distinct From Others": The Making Of Modem Indian Law, Charles Wilkinson

Utah Law Review

The story of how tribes have taken back their reservations, and through sovereign self-rule restored democracy and improved the lives of their people, is surprising, both in the means and the magnitude, and it cuts against preconceptions and stereotypes. Overwhelmingly, the central thrust has been the work of Indian people. People in the agencies, courts, and Congress were not sitting around wondering how they could benefit Indians. The tribes themselves initiated litigation or invited it by assertions of tribal sovereignty and jurisdiction and hunting, fishing, water, land and cultural rights. They themselves brought forth the legislative proposals. They constructed the …

Employee Benefit Plans With Conforming Changes As Of March 1, 2006; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Employee Benefit Plans Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein

University of San Francisco Law Review

This Articles describes how attorneys bringing FRD claims face a threshold conceptual issue:How should plaintiffs frame FRD cases under existing discrimination law when neither "mother" nor "parent" is a protected classification? The solve this threshold issue, this Article suggests that FRD cases need not be shoehorned into protections for pregnancy nor require individual accommodations to be litigable. FRD cases can be litigated as straightforward gender discrimination cases under Title VII or under a variety of existing laws.

2006-2007 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.