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Articles 1 - 14 of 14
Full-Text Articles in Law
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Right To Be Let Alone: The Kansas Right Of Privacy, J. Lyn Entrikin
The Right To Be Let Alone: The Kansas Right Of Privacy, J. Lyn Entrikin
Faculty Scholarship
No abstract provided.
The Many Lanes Out Of Court: Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
The Many Lanes Out Of Court: Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
Faculty Scholarship
Despite employment gains made by women, older Americans, and racial and religious minorities, employment discrimination remains a persistent problem in the American workplace. Scholars have lamented that employment discrimination laws have not proven effective in eliminating the many vestiges of discrimination that still linger. Many scholars blame the lackluster enforcement of employment discrimination laws on the federal courts' inability to understand or theorize about the lingering aspects of discrimination based on race and sex that still pervade the modern workplace as well as judicial hostility to employment discrimination claims. Recent data suggest that this has led some employment discrimination claimants …
Theorizing Billable Hours, Theresa M. Beiner
Theorizing Billable Hours, Theresa M. Beiner
Faculty Scholarship
This article looks at the ethical and diversity implications of high billable hour requirements. While corporate counsel have increasingly demanded a diverse legal workforce and emphasized the need to lower the costs of outside counsel, law firms have not responded to these concerns in a manner that is producing results. Instead, women continue to drop out of law firm practice at higher rates than their male counterparts and the costs of legal services remain high. High billable hour requirements exacerbate both these problems and have implications as well for ethical lawyering. Using data from a variety of disciplines, the article …
Tax Ferrets, Tax Consultants, Bounty Hunters, And Hired Guns: The Property Tax Netherworld Fueled By Contingency Fees And Champertous Agreements, J. Lyn Entrikin
Tax Ferrets, Tax Consultants, Bounty Hunters, And Hired Guns: The Property Tax Netherworld Fueled By Contingency Fees And Champertous Agreements, J. Lyn Entrikin
Faculty Scholarship
Contingency fee agreements between local tax assessors and contract auditors on the one hand, and property owners and private tax consultants on the other, create perverse financial incentives that undermine the integrity of state and local tax administration. When local governments engage outside auditors to identify undervalued or escaped taxable property, the practice raises serious due process and ethical concerns. As a matter of policy, diverting a share of property tax revenue to private third parties in consideration for outsourced tax assessment services undermines public accountability and reduces net property tax revenue for local government services. And when states allow …
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
Faculty Scholarship
It is, in certain cases, impossible for persons to tell in advance which states will have effective legislative jurisdiction over their acts. In these cases, it is impossible to tell in advance whose law the person must obey. This quandry arises where some national law purports to regulate outsiders and their acts in a manner arguably inconsistent with the international law of legislative jurisdiction. If the regulating state's courts do not allow challenges to jurisdiction based on international law, and the state of the outsider's nationality fails to protect her diplomatically, the outsider has no protection against excessive claims of …
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Faculty Scholarship
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff does not recover anything, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. …
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Embedding Assessment Principles In Externships, Kelly S. Terry
Embedding Assessment Principles In Externships, Kelly S. Terry
Faculty Scholarship
Externships have become an increasingly important component of legal education, as law schools seek to increase experiential learning opportunities for students to gain practice skills prior to entering the profession. As externship courses grow and become an integral part of the law school curriculum, externship teachers should implement best practices for assessing their students' learning, including setting learning outcomes for their courses, selecting assessment tools, gathering and analyzing assessment data, and using assessment data to make course adjustments that will improve student learning. This Article provides a primer on the process of course-level assessment and then explains how to apply …
What Do You Do When Nothing Seems To Work: An Evaluation And Suggested Approach To Addressing The Diversity Issue In Legal Profession, Michael Hunter Schwartz, Jb Smiley Jr.
What Do You Do When Nothing Seems To Work: An Evaluation And Suggested Approach To Addressing The Diversity Issue In Legal Profession, Michael Hunter Schwartz, Jb Smiley Jr.
Faculty Scholarship
No abstract provided.
50 More Years Of Cleo Scholars: The Past, The Present, And A Vision For The Future, Michael Hunter Schwartz
50 More Years Of Cleo Scholars: The Past, The Present, And A Vision For The Future, Michael Hunter Schwartz
Faculty Scholarship
No abstract provided.
Texting And The Friction Of Writing, Lindsey P. Gustafson
Texting And The Friction Of Writing, Lindsey P. Gustafson
Faculty Scholarship
No abstract provided.