Digital Commons Network^™

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.

Rebalancing Section 512 To Protect Fair Users From Herds Of Mice - Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack

Santa Clara High Technology Law Journal

No abstract provided.

When The State Bar Exam Embraces Indian Law: Teaching Experiences And Observations, Gloria Valencia-Weber, Sherri Nicole Thomas

North Dakota Law Review

No abstract provided.

Parent's Guide, 2006-2010, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department

Alumni Profile, Emily Wann

Human Rights Brief

No abstract provided.

International Antitrust, Fiona A. Schaeffer, Christopher V. Roberts, Idit Froim, Eric S. Hochstadt

The International Lawyer

No abstract provided.

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

Case Western Reserve Journal of International Law

No abstract provided.

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.

Solomon's Choice: The Case For Granting Derivative Asylum To Parents, Alida Yvonne Lasker

Brooklyn Journal of International Law

No abstract provided.

Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue

All Faculty Publications

Periodic crises around the conduct of lawyers provoke moves in the direction of constituting the organized legal profession as a regulated industry, much like any other. Such proposals, whether for regulation through Legal Services Commissions or other structures, abruptly confront the historically embedded constitutional notion that liberty itself rests on the independence of the bar. This paper engages in a comparative review of the notion of an independent legal profession. Its particular focus is on widely agreed international standards and on the experience of Commonwealth countries and especially Australia, Canada, and the United Kingdom. The paper draws on literatures from …

The Liberal Legacy Of Bush V. Gore, David Cole

Georgetown Law Faculty Publications and Other Works

This article examines the last ten years of the Rehnquist Court, which was divided evenly by the Court's highly controversial intervention in the 2000 presidential election, Bush v. Gore. I compare the Court's record before and after that decision both qualitatively and quantitatively, and argue that the Court shifted noticeably to the left, particularly in high-profile cases, after Bush v. Gore, as conservative Justices showed a greater willingness to side with their liberal colleagues to reach liberal results. I hypothesize that this may have reflected an effort, conscious or subconscious, to restore the Court's legitimacy by counteracting images of a …

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 …

About The Authors

Res Publica - Journal of Undergraduate Research

No abstract provided.

Detaining Due Process: The Need For Procedural Reform In Joseph Hearings After Demore V. Kim, Shalini Bhargava Ray

Articles

No abstract provided.

Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos

Articles

A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.

From Fretting Takeovers To Vetting Cfius: Finding A Balance In U.S. Policy Regarding Foreign Acquisitions Of Domestic Assets, Gaurav Sud

Vanderbilt Journal of Transnational Law

Merger law in the United States has historically relied on a system of private ordering with as little intervention from the federal government as possible. This scheme lies in stark contrast to the merger law of many other developed nations and, as such, has become a trademark of U.S. corporate law. Recent events, however, have brought into question the system's desirability in cross-border transactions where foreign entities are investing in U.S. assets. Proponents of reform argue that the federal government should become more involved in the approval process for these transactions given increased concerns of national security, while opponents argue …

Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill

Vanderbilt Journal of Transnational Law

The General Agreement on Trade in Service calls for members of the World Trade Organization (WTO) to further liberalize and expand opportunities for international trade in services. With legal services included in this mandate, requests for specific commitments and offers have been made by WTO Member States. While services as components of international trade is new to many of the WTO Member States, free movement of services has been addressed by the European Union (EU) since the inception of the European Economic Community. Thus EU directives, declarations, codes and case law serve as valuable resources to WTO Member States as …

The Responsible Role For International Charitable Grantmaking In The Wake Of The September 11, 2001 Terrorist Attacks, Christine H. Anthony

Vanderbilt Journal of Transnational Law

This Note argues that a collaborative information collection and sharing effort would protect charities from becoming law enforcement agencies and would ensure that U.S. altruism is properly monitored and reaching the areas of the world most in need. A robust system of international charitable giving is a vital element in the promotion of "civil society" and the fight against terrorist attitudes and sympathies. The U.S. government and non-profit sector must combine resources and efforts to continue to promote global charitable participation with an updated approach to grant-making and fund oversight.

Bringing Families In: Recommendations Of The Incarceration, Reentry And Family Roundtables, Ann Cammett, Johnna Christian, Nancy Fisherman, Lori Scott-Pickens

Scholarly Works

Building on the findings of the New Jersey Reentry Roundtable and a growing concern around the state about how to improve outcomes for the more than 70,000 individuals expected to return home from prison over the next five years, the roundtable examined the complex role that families – broadly defined – play in the lives of prisoners during incarceration and after their release. This document presents a set of recommendations emerging directly from roundtable sessions and provides a road map for individual and collaborative efforts accepted by a range of key players in New Jersey, including government officials, community and …

Which Side Are You On? Unionization In Social Service Nonprofits, Eduardo R.C. Capulong

Faculty Law Review Articles

This article examines nonprofit union organizing from an institutional perspective. Specifically, the author asks a basic question: do unions belong in social service nonprofits or are such efforts somehow misguided? To answer the question, the article examines the dual institutional role social service nonprofits play and explores strategies to harmonize their conflicting tendencies. The author argues that the industry-wide unionization of social service nonprofits is the best means by which to actualize the nonprofit ethos and counteract these organizations' tendency to lower wages and working conditions, thereby facilitating cuts in social spending.

Part I discusses the factors that have led …

Independence Compliance : Checklists And Tools For Complying With Aicpa, Sec, And Pcaob Independence Requirements;, Catherine R. Allen, Karin Glupe, Robert Durak

Guides, Handbooks and Manuals

No abstract provided.

The World Trade Law Of Censorship And Internet Filtering, Tim Wu

Faculty Scholarship

Consider the following events, all from the last five years: (1) An American newsmagazine, Barron's, posts an unflattering profile of an Australian billionaire named Joseph Gutnick on its web site – the publisher, Dow Jones, Inc., is sued in Australia and forced to settle; (2) Mexico's incumbent telephone company, Telmex, blocks Mexicans from reaching the web site of the Voice-over-IP firm Skype; (3) the United States begins a major crackdown on web gambling services, causing serious economic damage to several small Caribbean economies; (4) the Chinese government prevents its citizens from using various foreign Internet services, including foreign e-mail and …

Creating A Client Consortium: Building Social Capital, Bridging Structural Holes, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.

Impoverished Tenants In Twentieth Century America, Richard H. Chused

Articles & Chapters

Impoverished Tenants in Twentieth Century America, in Susan Bright (ed.), Landlord and Tenant Law: Past, Present and Future 257-276 (Hart Pub. 2006)

Roots Of Jack Spring V. Little, The Real Estate Law Symposium - Housing Rights, Richard H. Chused

Articles & Chapters

No abstract provided.

The South African Judicial Appointments Process, Penelope Andrews

Articles & Chapters

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …

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

Articles by Maurer Faculty

No abstract provided.

Service Personalization And Loyalty, A. Dwayne Ball, Pedro S. Coelho, Manuel J. Vilares

Department of Marketing: Faculty Publications

Purpose:

To investigate the effect of service personalization on loyalty, and to measure some of the psychological dynamics of the process.

Methodology:

structural equation modeling.

Findings:

We show that the effect of service personalization on loyalty exists, but that the effect is not all direct. Personalization works through improving service satisfaction and trust. Personalization and improved communication act together in such a way that they account for the variance in loyalty that would be otherwise explained by corporate image.

Research limitations:

Data, though comprising a very large probability sample, are from one economic sector in one European country.

Practical implications: …