Law Commons^™

Characteristics Of A Mature Legal Writing Program, E. Joan Blum

E. Joan Blum

As a legal writing programs matures, a culture of collaboration can foster innovation and excellence more effectively than a director-led program.

Characteristics Of A Mature Legal Writing Program, Judith Tracy

Judith B. Tracy

No abstract provided.

Characteristics Of A Mature Legal Writing Program, Elisabeth Keller

Elisabeth Keller

As a legal writing program matures, a culture of collaboration can foster innovation and excellence more effectively than a director-led program.

Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis

Nicos Trimikliniotis

The visit of Elders in December 2009 is coinciding with a critical moment in the negotiation process, which is gradually entering into its final crucial phase. The two leaders appear determined to move forward with a settlement, despite the inherent difficulties; the Elders’ visit can assist the process by encouraging the leaders to show courage and boldness so as to press on with an agreement as soon as possible. Unlike in 2004, where both process and outcome were in the end delegitimized as ‘externally imposed’ and ‘not properly balanced’, this time the process is entirely owned and controlled by the …

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 …

Aall Academic Law Library Special Interest Section’S Task Force On The Aba Standards Review, Gordon Russell

Gordon R. Russell

No abstract provided.

Back Away From The Survey Monkey!, James M. Donovan

James M. Donovan

In an environment of too many—and too many ill-designed—surveys, our twin aims should be to reduce the number of surveys overall and to improve the quality of those that do circulate. This burden falls on both those who distribute questionnaires—to make them as efficient as possible—and those answering—to decline to participate in any project that shows signs of unthoughtful design, thereby forcing surveyors to “up their game.” Good surveying, a difficult task in the best of circumstances, becomes even more complicated when pushed through the favored medium of the online discussion list (commonly called a listserv), a choice that can …

Powerful Writing Techniques To Help You Persuade Judges And Win Clients, Gerald Lebovits

Gerald Lebovits

No abstract provided.

Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a staudy on racism in sport in Cyprus, part of the the RAXEN Network.

There is no comprehensive study, nor is there any systematic system of recording racist incidents and discriminatory practices in sport in Cyprus. To collect the necessary evidence for the purposes of this report the NFP relied on various secondary sources (books, media reports). Additionally, the report draws on interviews as well as extensive information gathering from the persons interviewed (see interview list). There is however some ‘concrete’ evidence in the form of specialised body reports and sanctions against particular clubs imposed by the tribunal …

Exceptions, Soft Borders And Free Movement For Workers, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter deals with issues of exceptions, soft borders and free movement for workers as illustrated in the Case of Cyprus. The chapter attempts to unravel some exceptional considerations aiming to restrict free movement for workers essentially on the grounds political and economic conditions that fall outside the edges of the law. The ECJ has repeatedly ruled that the scope of exceptions, derogations, issues relating to the territorial scope of treaties as well as various public policy and security considerations restricting free movement, are severely limited by the operation of the fundamental principles of the EU acquis. On the other …

Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey

Subhajit Basu

Many older people are not aware where and when advice is available. Furthermore they may be unaware that advice is needed

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

Public Service: Office Of Overseas Prosecutorial Development, E. Joan Blum

E. Joan Blum

No abstract provided.

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 …

Digital Ethics In Bridging Digital Divide, Subhajit Basu

Subhajit Basu

Our information society is creating parallel systems: one for those with income, education and literacy connections, giving plentiful information at low cost and high speed: the other are those without connections, blocked by high barriers of time, cost and uncertainty and dependent upon outdated information. Hence it can be expressed the DD is nothing but a reflection of social divide. The question is what is the best strategy to construct an information society that is ethically sound? Most people have the views that ICT and underlying ideologies are neutral. This Technology has become so much naturalized that it can no …

Good Call, County Attorney Gaertner; Your Turn, Legislature, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Moderator: "Galileo: Georgia's Statewide Virtual Library", Katherine Marsh

Katherine Marsh

No abstract provided.

The Real Authors Of The Congo Crimes. Nkunda Has Been Arrested But Who Will Arrest Kagame?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

2009: Αναγνώσεις Ενός Θρυμματισμένου Κόσμου, Nicos Trimikliniotis

Nicos Trimikliniotis

2009: Αναγνώσεις ενός θρυμματισμένου κόσμου Περιπέτειες Ιδεών, Τ.26 [18.1.2009] ΠΕΡΙΕΧΟΜΕΝΑ 1. Editorial Το Θέατρο φρίκης της γειτονιάς μας: Θρυμματισμένα οράματα και σώματα Αμάχων ΕΚΤΑΚΤΟ ΠΟΛΕΜΙΚΟ ΔΕΛΤΙΟ: Η ΚΑΡΔΙΑ ΜΑΣ ΣΤΗΝ ΠΑΛΑΙΣΤΙΝΗ ΤΟΥΦΕΚΙΖΕΤΑΙ 2. Avishai Ehrlich Σταματήστε τον Πόλεμο! 3. ΑΛΛΗΛΕΓΓΥΗ ΣΤΟΥΣ ΙΣΡΑΗΛΙΝΟΥΣ ΑΝΤΙΡΡΗΣΙΕΣ ΣΥΝΕΙΔΗΣΗΣ 4 . Λινοπάμπακος "Εν τζαι εζητησαμεν το φεγγαρι..." 5. Α.Δ. Ανευ Ορίων Στρατόπεδο συγκέντρωσης “Gaza Camp” ΓΙΑ ΤΗΝ ΕΛΛΗΝΙΚΗ ΕΞΕΓΕΡΣΗ ΚΑΙ ΤΟΝ ΑΥΤΑΡΧΙΚΟ ΚΡΑΤΙΣΜΟ 6. Μωυσής Μπουντουρίδης Για την ‘Κριτική της Βίας’ του Walter Benjamin 7. Walter Benjamin Κριτική της Βίας (αποσπάσματα) 8. Άκης Γαβριηλίδης Γιατί είμαι με τους κουκουλοφόρους 9 Αλεξάνδρα Πατρικίου Γιατί ΔΕΝ μπορώ …

We're Still Not Doing Right By Our Vets, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Attorney Liability Under The Foreign Corrupt Practices Act: Legal And Ethical Challenges And Solutions, William Alan Nelson Ii

William Alan Nelson II

This article examines the legal end ethical obstacles facing attorneys when counseling clients on the Foreign Corrupt Practices Act (FCPA). It gives the background of the FCPA and the circumstances of its enactment, specifically looking at the legislative history of the Act. The article also provides the statutory language of the FCPA and cases illustrating how the FCPA has been applied. It examines the relationship of the FCPA and the ABA Model Rules of Professional Conduct and state ethical rules on attorney conduct. The article provides multiple hypotheticals illustrating the ethical quagmires attorneys face when counseling clients on the FCPA. …

Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister

Paul D. Callister

The difference between expert and novice problem-solvers is that experts have organized their thinking into schemata or mental constructs to both see and solve problems. This article demonstrates why schemata are important, arguing that schemata need to be made explicit in the classroom. It illustrates the use of schemata to understand and categorize complex research problems, map the terrain of legal research resources, match appropriate resources to types of problems, and work through the legal research process. The article concludes by calling upon librarians and research instructors to produce additional schemata and develop a common hierarchical taxonomy of skills, a …

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Linda L. Berger

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …

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

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

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

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.

Legalization Of Prostitution In India, Dharmendra Chatur

Dharmendra Chatur

This paper analyses the possibility of legalization of prostitution in India and the different methods and means that could be adopted in the Indian legal setup.

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Rena M Lindevaldsen

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

Libraries As Doppelgängers: A Meditation On Collection Development, James M. Donovan

James M. Donovan

Debates about the balance between electronic and paper resouces typically employ points on economics or patron access. That line of argument can be shown to depend upon an understanding of libraries as reducible to their contents. After showing that this premise must be discarded as logically inconsistent with the broader assertions made in favor of digital materials, the question is posed as to what qualities of libraries are not reducible to the materials they contain. The attractiveness of digital content, even if conclusive from a merely economic perspective, may still founder on the intrinsic properties of library qua "library."

One …