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Best Practice In Adult Education And E-Learning: Leverage Points For Quality And Impact Of Cle, Barbara A. Bichelmeyer Jan 2006

Best Practice In Adult Education And E-Learning: Leverage Points For Quality And Impact Of Cle, Barbara A. Bichelmeyer

Valparaiso University Law Review

No abstract provided.


Waking The Sleeping Giant: Analyzing New Jersey's Pursuit Of Natural Resource Damages From Responsible Polluting Parties In The Lower Passaic River , John Tomlin Jan 2006

Waking The Sleeping Giant: Analyzing New Jersey's Pursuit Of Natural Resource Damages From Responsible Polluting Parties In The Lower Passaic River , John Tomlin

Pace Environmental Law Review

No abstract provided.


The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb Jan 2006

The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb

Osgoode Hall Law Journal

This article revisits Law and Learning, the 1983 Report of the Consultative Committee on Research and Education in Law, chaired by Harry Arthurs. The Arthurs Report set an ambitious agenda which sought, through the reform of legal education and scholarship, the cultivation of a "humane professionalism." That it met with limited success reflects a number of systemic problems with legal education, and the Report's own failure to address some critical issues, notably legal pedagogy. Nevertheless, the article argues that in the context of today's increasingly complex, pluralistic, and globalized environment, the law schools need humane professionalism more than ever. It …


Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City’S Housing Court, Paris R. Baldacci Jan 2006

Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City’S Housing Court, Paris R. Baldacci

Articles

No abstract provided.


Silenced Voices: Experiences Of Grief Following Road Traffic Crashes In Western Australia, Lauren Breen Jan 2006

Silenced Voices: Experiences Of Grief Following Road Traffic Crashes In Western Australia, Lauren Breen

Theses: Doctorates and Masters

Despite the introduction of road safety measures and media campaigns, crashes are a leading cause of death in Western Australia. While economic costs of crashes are relatively easy to determine, their psychosocial burden remains appreciably under-studied, as are the social, cultural, historical, temporal, and political contexts within which grief experiences are housed. As such, I explored the experience of grief resulting from losing a loved one in a crash in Western Australia and described the influence of contextual factors on those grief experiences.


Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong Jan 2006

Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong

St. Mary's Law Journal

Abstract Forthcoming.


Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks Jan 2006

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

Articles, Book Chapters, & Popular Press

This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.


Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron Jan 2006

Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron

Articles, Book Chapters, & Popular Press

The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …


The Emergence Of "Law Consultants", Tanina Rostain Jan 2006

The Emergence Of "Law Consultants", Tanina Rostain

Fordham Law Review

No abstract provided.


Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders Jan 2006

Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara A. Fedders

Faculty Publications

No abstract provided.


The Allocation Problem In Multiple-Claimant Representations, Paul H. Edelman, Richard A. Nagareda, Charles Silver Jan 2006

The Allocation Problem In Multiple-Claimant Representations, Paul H. Edelman, Richard A. Nagareda, Charles Silver

Vanderbilt Law School Faculty Publications

Multiple-claimant representations-classa ctions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery other than according to the relative value of claims). Clients have dealt with these problems separately, using contingent percentage fees to motivate lawyers to maximize the aggregate recovery and monitoring devices (disclosure requirements, client control rights, and third-party review) to encourage appropriate allocations. The scholarly literature has proceeded on the premise that monitoring devices are needed to police misallocations, because the fee calculus cannot do the entire job. This paper shows that this premise is mistaken …


Principle And Imagination In Judging: A Conversation With Mr. Justice James Macpherson, Peter Dostal, Jessica Gin-Jade Chan Jan 2006

Principle And Imagination In Judging: A Conversation With Mr. Justice James Macpherson, Peter Dostal, Jessica Gin-Jade Chan

Dalhousie Journal of Legal Studies

In the fall of 2005, Mr. Justice James MacPherson of the Ontario Court of Appeal began his visiting term at the Dalhousie University Faculty of Law. During his visit, Justice MacPherson spoke with two students about several issues that have engaged him during his career as a lawyer, academic and judge. The conversation raised a number of questions about Canada’s changing legal landscape, and how the judiciary has attempted to balance the role of legal principle and judicial imagination in law-making. How, for example, has the public’s sceptical perception of our evolving justice system subjected judges to a higher degree …


Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen Jan 2006

Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen

Articles

No abstract provided.


Genealogies Of Soft Law, Anna Di Robilant Jan 2006

Genealogies Of Soft Law, Anna Di Robilant

Faculty Scholarship

The relatively recent blossoming of multiple soft law tools and the calls for a soft harmonization of European private law have invited reflection on the genealogy of soft law. Genealogical arguments have come to play a critical role in the heated European soft law v. hard law debate. While some find the ancestors of soft law in the medieval legal regime and particularly the lex mercatoria, others link soft law to a prolific strand of 19th and early 20th century theories of social law and legal pluralism. At times explicitly invoked, more often im plicitly alluded to, the neo-medieval genealogy …


The Family Law Education Reform Project: Final Report, J. Herbie Difonzo, Mary E. O’Connell Jan 2006

The Family Law Education Reform Project: Final Report, J. Herbie Difonzo, Mary E. O’Connell

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (the FLER Project) was launched by a group of professionals who share a common concern. In their regular (for some, daily) interactions in the family court, they routinely observe lawyers who are woefully unprepared to make positive contributions on behalf of their clients. While some novice attorneys struggle valiantly and learn quickly, the quality of their initial preparation is, to use a term that surfaced often in FLER Project discussions, dismal. The question this group asked is “can we help the law schools to do this better?”


Hitting The Sweet Spot: Finding The Center In Teaching Professional Responsibility, Steven H. Hobbs Jan 2006

Hitting The Sweet Spot: Finding The Center In Teaching Professional Responsibility, Steven H. Hobbs

Articles

No abstract provided.


The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia's Bilateral Fta Negotiations With The U.S., Ralph Fischer Jan 2006

The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia's Bilateral Fta Negotiations With The U.S., Ralph Fischer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


A 16 Bar Cut: The History Of American Musical Theatrean Original Script And Monograph Document, Patrick Moran Jan 2006

A 16 Bar Cut: The History Of American Musical Theatrean Original Script And Monograph Document, Patrick Moran

Electronic Theses and Dissertations

A final thesis for my Master of Fine Arts degree should encompass every aspect of the past few years spent in the class room. Therefore, as a perfect capstone to my degree, I have decided to conceive, write, and perform a new musical with my classmate Rockford Sansom entitled The History of Musical Theatre: A 16 Bar Cut. The History of Musical Theatre: A 16 Bar Cut will be a two-man musical that will capsulate all of musical theatre history in a single evening. Starting with the Greeks and finishing in the present, the show will comedically inform the audience, …


A 16 Bar Cut: The History Of American Musical Theatrean Original Script And Monograph Document, Rockford Sansom Jan 2006

A 16 Bar Cut: The History Of American Musical Theatrean Original Script And Monograph Document, Rockford Sansom

Electronic Theses and Dissertations

Believing that a thesis should encompass all aspects of a conservatory training program, I will write and perform--in collaboration with my classmate Patrick John Moran--a new musical entitled A 16 Bar Cut: The History of American Musical Theatre as the capstone project for my Master of Fine Arts in Musical Theatre. A 16 Bar Cut will be a two-man show that tells the entire history of American musical theatre from the ancient Greeks to today in a tongue-in-cheek manner. The goal of the project is to pay homage to an original American art form in a night of zany silliness …


A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro Jan 2006

A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro

Faculty Articles

Recent years have seen a proliferation of alternative reproductive technologies and the ready availability of reliable DNA testing. These developments have lead to enormous uncertainty concerning the meaning of a genetic tie between adult and child. On the one hand, reproductive technology has lead to a robust market where genetic material is readily bought and sold. This suggests it is not the root of parental status. On the other hand, DNA testing has allowed men to contest paternity of children, asserting that they are not genetically related to them. And their challenges have often been successful. Genetic linkage is particularly …


Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve Jan 2006

Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve

Faculty Articles

The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.


A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song Jan 2006

A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song

LLM Theses and Essays

The Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules are enacted in the European Union and China respectively. Both of them establish a procedure for the private sector to petition the government to challenge foreign trade barriers. Through the comparative study on the two pieces of law, this paper intends to dig out the similarities and differences between them and develop some suggestions for the improvement of them.


Bulletin 2006-2007, Seattle University School Of Law Jan 2006

Bulletin 2006-2007, Seattle University School Of Law

Viewbooks

No abstract provided.


The Texas Two-Step: Evidence On The Link Between Damage Caps And Access To The Civil Justice System, Stephen Daniels, Joanne Martin Jan 2006

The Texas Two-Step: Evidence On The Link Between Damage Caps And Access To The Civil Justice System, Stephen Daniels, Joanne Martin

DePaul Law Review

No abstract provided.


Editorial: Community And Social Services Responses To Asylum Seekers, Kenneth Burns, Alastair Christie Jan 2006

Editorial: Community And Social Services Responses To Asylum Seekers, Kenneth Burns, Alastair Christie

Irish Journal of Applied Social Studies

No abstract provided.


Separated Young People Seeking Asylum: Standing Alone?, Brigette Mintern, Lyn Dorney Jan 2006

Separated Young People Seeking Asylum: Standing Alone?, Brigette Mintern, Lyn Dorney

Irish Journal of Applied Social Studies

No abstract provided.


Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey Jan 2006

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey

Faculty Articles

The Supreme Court decision in Bates v. State Bar of Arizona ruled that lawyer advertising is commercial speech subject to First Amendment protection. However, a Texas disciplinary statute provided that “a lawyer shall not publicize himself, his partner, or associate…through newspaper or magazine advertisements, radio or television announcements…or other means of commercial publicity.” Despite being clearly unconstitutional, the Texas statute remained law for five years. Finally, responding to Bates in September 1977, the Texas State Bar Board of Directors adopted an official statement which allowed for limited advertising in newspapers, and only to the extent which was provided for by …


Commentary: Mental Health Legislation, Michael L. Perlin Jan 2006

Commentary: Mental Health Legislation, Michael L. Perlin

Other Publications

No abstract provided.


How Strong Collaboration Between Legal And Social Service Professionals Will Improve Outcomes For Trafficking Survivors And The Anti-Trafficking Movement, Heather C. Moore Jan 2006

How Strong Collaboration Between Legal And Social Service Professionals Will Improve Outcomes For Trafficking Survivors And The Anti-Trafficking Movement, Heather C. Moore

Intercultural Human Rights Law Review

This article will discuss and demonstrate how attorneys can protect and yield better legal outcomes for their clients by collaborating with social service professionals specifically, and by reconsidering their own roles in serving trafficking survivors--not only as legal advocates, but as informal mental health advocates. This article also presents one model of comprehensive service delivery, that of the Coalition to Abolish Slavery ("CAST"), in which legal and social services complement and support each other within one agency to better serve clients.


What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios Jan 2006

What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.