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Full-Text Articles in Law

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen Dec 2009

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen

Karen H. Rothenberg

Tributes to Professor Andrew King upon his retirement from the University of Maryland School of Law.


Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg Dec 2009

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Chinese Judicial Pattern: Tradition And Reform(中国的司法模式:传统与改革), Meng Hou Dec 2009

Chinese Judicial Pattern: Tradition And Reform(中国的司法模式:传统与改革), Meng Hou

Hou Meng

No abstract provided.


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …


The Unplanned Obsolescence Of American Legal Education, Rena I. Steinzor, Alan D. Hornstein Nov 2009

The Unplanned Obsolescence Of American Legal Education, Rena I. Steinzor, Alan D. Hornstein

Rena I. Steinzor

No abstract provided.


Reforming The Legal Profession Through Faith-Based Service Learning For Law Students: Notre Dame's 'Just Communities' Project, Vincent D. Rougeau Oct 2009

Reforming The Legal Profession Through Faith-Based Service Learning For Law Students: Notre Dame's 'Just Communities' Project, Vincent D. Rougeau

Vincent D. Rougeau

Major curricular reform is long overdue at many American law schools, and the current economic crisis presents a unique opportunity for change. This article argues for a greater emphasis on service learning in the law school curriculum so that students can acquire a wider range of practical skills essential to lawyers and gain a deeper sense of engagement with issues of justice. At Notre Dame’s London Law Centre, the “Just Communities” project offers a compelling example of how this can be accomplished. Through participation in faith-based community organizing, law students not only gain valuable skills essential to the lawyer’s craft, …


Alinsky's Prescription: Democracy Alongside Law, Barbara L. Bezdek Oct 2009

Alinsky's Prescription: Democracy Alongside Law, Barbara L. Bezdek

Barbara L Bezdek

This Article examines the import of the life’s work of Saul Alinsky—arguably the most prominent founder of contemporary organizing—to the content and methodologies of today’s legal education. I review the community organizing theory and practice of Saul Alinsky for its synergies and lessons on two approaches by legal theorists and educators working in law schools today — “community lawyering” and “social justice”education. These approaches embrace the special responsibility of the legal profession for the quality of justice in society[1] by extending the traditional conceptions of lawyers’ relationships with clients in ways that are informed by the insights of community organizers, …


Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch Sep 2009

Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch

Horacio M. LYNCH

Balance y análisis crítico de lo actuado por la NCSN desde que comenzó el cambio en su integración en 2003, hasta la fecha del informe en 2009, en las distintas dimensiones de su labor, su función de control de la constitucionalidad, como el Tribunal de última instancia de la Nación, y como cabeza del Poder Judicial, y en su preocupación por la Justicia del país. Analiza lo que hizo y lo que no hizo, se incluye un balance, propuestas y líneas de trabajo, e información.


Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon Aug 2009

Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks Aug 2009

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Education For A Public Calling In The 21st Century, Phoebe A. Haddon Jul 2009

Education For A Public Calling In The 21st Century, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon Jul 2009

The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon Jul 2009

Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe A. Haddon, Deborah W. Post Jul 2009

Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe A. Haddon, Deborah W. Post

Phoebe A. Haddon

No abstract provided.


Keynote Address: Redefining Our Roles In The Battle For Inclusion Of People Of Color In Legal Education, Phoebe A. Haddon Jul 2009

Keynote Address: Redefining Our Roles In The Battle For Inclusion Of People Of Color In Legal Education, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Overview Of Key Defenses In A Section 11 Claim Against An Auditor Jul 2009

Overview Of Key Defenses In A Section 11 Claim Against An Auditor

Maureen Van Neste

No abstract provided.


Law Journals Of Cssci: Which One Is More Influential In Knowledge Production(Cssci法学期刊──谁更有知识影响力), Meng Hou Jul 2009

Law Journals Of Cssci: Which One Is More Influential In Knowledge Production(Cssci法学期刊──谁更有知识影响力), Meng Hou

Hou Meng

No abstract provided.


O Que É Uma Universidade?, Paulo Ferreira Da Cunha May 2009

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …


Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen Apr 2009

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen

William L. Reynolds

Tributes to Professor Andrew King upon his retirement from the University of Maryland School of Law.


The First Integration Of The University Of Maryland School Of Law, David S. Bogen Apr 2009

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

David S. Bogen

No abstract provided.


Meet Mirat Legal Reasoning Fragmented Into Learnable Chunks, John H. Wade Feb 2009

Meet Mirat Legal Reasoning Fragmented Into Learnable Chunks, John H. Wade

John Wade

Extract: Here is one method of describing the analytical aspect of "thinking like a lawyer" which has proved to many law students to be: * easy to remember * able to be used at different levels of sophistication * capable of use in every area of law * useful to define a personal or group educational goal * a reasonably precise method for a student to measure his/her performance in any written/spoken exercise * a helpful method for teachers to model in chunks * a satisfying method for marking written or spoken analytical exercises as strengths and weaknesses of each …


Sobre La Teoría Del Derecho, De Rodolfo Vázquez (Reseña), Leonardo García Jaramillo Jan 2009

Sobre La Teoría Del Derecho, De Rodolfo Vázquez (Reseña), Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich Jan 2009

Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

It is accepted that the institution of marriage is more than economic benefits. The availability of marriage to same sex couples in eight western democratic jurisdictions exerts pressure on courts to consider the substance and ethical dimension of marriage across borders. This paper analyses the legal and ethical problems that exclusion of same sex couples from marriage generates in relation to equality and individual freedoms in a democratic society. The paper focuses on the particular case of overseas same sex married couples that seek to immigrate to England. Part I analyses the legal recognition of overseas same sex marriages under …


Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang Jan 2009

Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang

Wei Zhang

No abstract provided.


Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit Jan 2009

Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit

Nancy Levit

This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …


Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit Jan 2009

Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit

Nancy Levit

One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …


Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower Jan 2009

Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower

Michael LP Lower

The debate about whether society, the corporation and any other type of "universal" has a reality outside of the mind is an old one. Catholic Social Thought (CST) sees the corporation as a community of persons. It has an existence (a life and ability to operate) of its own and is oriented to the good of its participants. This view is contrasted with the nexus of contracts approach, Williamson's Transaction Cost Economics approach and some types of stakeholder theory. It is contended that CST's approach is more realistic.


Employee Participation In Corporate Governance: An Ethical Analysis, Michael Lp Lower Jan 2009

Employee Participation In Corporate Governance: An Ethical Analysis, Michael Lp Lower

Michael LP Lower

This paper outlines why CST has called for employees to be involved in the governance of the firms that they work for and a share in ownership. It points out the economic issues involved as part of its broader ethical analysis. The John Lewis Partnership is pointed to as a good working model. The possible use of ESOPs to bring about desirable changes is considered. The case for mandatory codetermination is outlined.


Delivery Of Legal Services To Immigrant Small Business Owners: The Problems And A Model To Solve Them, William A. Langer, Pablo A. Ormachea Jan 2009

Delivery Of Legal Services To Immigrant Small Business Owners: The Problems And A Model To Solve Them, William A. Langer, Pablo A. Ormachea

William A Langer

Delivery of Legal Services to Immigrant Small Business Owners: The Problems and a Model to Solve Them. By Pablo Ormachea & William Langer

Immigrant entrepreneurs not only provide essential support for individual families, but also serve as key engines of economic growth for United States cities. While immigrant small-business owners continuously stimulate growth in various economic sectors, creating new jobs and helping to develop inner-city neighborhoods, they overcome considerable obstacles and barriers to reach these achievements. This article argues that a deeper understanding of such systemic barriers can help to reduce such barriers so that an increasingly larger number of …


Educating Lawyers For The Global Economy: National Challenges, Carole Silver Dec 2008

Educating Lawyers For The Global Economy: National Challenges, Carole Silver

Carole Silver

This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective cross-national …