Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (8)
- Civil Rights and Discrimination (7)
- Legal Education (6)
- Constitutional Law (5)
- Human Rights Law (5)
-
- Social Welfare Law (4)
- Family Law (2)
- Housing Law (2)
- Legal Profession (2)
- State and Local Government Law (2)
- Administrative Law (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Disaster Law (1)
- Elder Law (1)
- Emergency and Disaster Management (1)
- Estates and Trusts (1)
- Evidence (1)
- First Amendment (1)
- Health Law and Policy (1)
- International Law (1)
- Law and Politics (1)
- Law and Race (1)
- Law and Society (1)
- Legislation (1)
- Public Affairs, Public Policy and Public Administration (1)
- Religion Law (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 24 of 24
Full-Text Articles in Law
Interpreting Ethics Rules, Samuel J. Levine
Interpreting Ethics Rules, Samuel J. Levine
Scholarly Works
This Article explores the interpretation of ethics rules through the prism of two rules that have been the subject of ongoing controversy and contention: Rule 4.2, the “no-contact” rule, which prohibits a lawyer from communicating with a represented client absent the consent of that client’s lawyer, and Rule 8.4(g), which prohibits various forms of discrimination and harassment. Each of these rules provides a model for a wider examination of different interpretive approaches to ethics rules, grounded in different attitudes toward the features and functions of ethics codes. Specifically, the debate revolving around Rule 4.2 illustrates competing approaches to interpreting a …
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Journal of Race, Gender, and Ethnicity
No abstract provided.
What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen
What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Patricia E. Salkin, Eileen Kaufman, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Judith Welch Wegner
The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Patricia E. Salkin, Eileen Kaufman, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Judith Welch Wegner
Scholarly Works
The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Schools and universities have closed throughout much of the country. Businesses have shuttered, and employees are working from home whenever possible. Cities and states are announcing lockdowns in which citizens may leave their homes only for vital errands or exercise.
Medical experts advise that at least some of these restraints will continue for 18 months or more—until a vaccine is developed, tested, and administered widely. It is possible that localities will be able to lift some of these restrictions (such as lockdowns and school closures) intermittently during those …
Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff
Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff
Touro Law Review
No abstract provided.
Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller
Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller
Journal of Experiential Learning
No abstract provided.
Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood
Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood
Journal of Aging, Longevity, Law, and Policy
No abstract provided.
The Importance Of Experiential Learning For Development Of Essential Skills In Cross-Cultural And Intercultural Effectiveness, Mary Lynch
Journal of Experiential Learning
No abstract provided.
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
Touro Law Review
No abstract provided.
An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves
An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves
Touro Law Review
The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Touro Law Review
On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Touro Law Review
This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
Touro Law Review
This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …
Current Developments In Advocacy To Expand The Civil Right To Counsel, Paul Marvy, Laura Klein Abel
Current Developments In Advocacy To Expand The Civil Right To Counsel, Paul Marvy, Laura Klein Abel
Touro Law Review
Around the country, state and local bar associations, access to justice commissions, and local advocacy groups are working to expand the right to counsel in their jurisdictions. The passage of three statutes in the past three years is tangible evidence of their efforts. Many civil right to counsel advocates take as their mandate a resolution passed unanimously by the American Bar Association’s House of Delegates two years ago, calling on the government to provide counsel in cases in which “basic human needs are at stake.” This Article describes efforts underway in eleven states to expand the right to counsel, as …
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Touro Law Review
The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Touro Law Review
No abstract provided.
The Time For Civil Gideon Is Now, Bernice K. Leber
The Time For Civil Gideon Is Now, Bernice K. Leber
Touro Law Review
No abstract provided.
Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik
Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik
Scholarly Works
Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.
The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on …
Lawyers And Social Media: The Legal Ethics Of Tweeting, Facebooking And Blogging, Michael E. Lackey Jr., Joseph P. Minta
Lawyers And Social Media: The Legal Ethics Of Tweeting, Facebooking And Blogging, Michael E. Lackey Jr., Joseph P. Minta
Touro Law Review
No abstract provided.
Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Scholarly Works
This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human rights …
Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips
Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips
Scholarly Works
The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …
Regulating Attorney Conduct: Specific Statutory Schemes V. General Regulatory Guidelines, Chris G. Mcdonough, Michael L. Epstein
Regulating Attorney Conduct: Specific Statutory Schemes V. General Regulatory Guidelines, Chris G. Mcdonough, Michael L. Epstein
Touro Law Review
No abstract provided.
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
Scholarly Works
No abstract provided.
Time For Every Purpose Under The Heaven: Service – The National Bar Association Model, Beverly Mcqueary Smith
Time For Every Purpose Under The Heaven: Service – The National Bar Association Model, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.