Other Law Commons^™

Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman

Faculty Scholarship

No abstract provided.

Cognitive Legal Studies: Categorization And Imagination In The Mind Of Law--Introduction, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

Remarks By The Honorable Jonathan Lippman, Jonathan Lippman

Fordham Urban Law Journal

Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference

Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner

Fordham Urban Law Journal

This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.

Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo

Fordham Urban Law Journal

This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.

In Defense Of Ghostwriting, Jona Goldschmidt

Fordham Urban Law Journal

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.

Muddy Rules For Securitization Transactions, Edward J. Janger

Faculty Scholarship

No abstract provided.

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …

The Puffery Of Lawyers, Rodney A. Smolla

University of Richmond Law Review

Lawyers advertise to attract clients. Politicians advertise to attract voters. Businesses advertise to attract customers. All of these advertisers advertise with a common subtext: choose me, because I'm better than the rest. Hire me, vote for me, buy my product, and good things will happen. The message may be blunt, explicit, direct, linear. But often it is not. The bludgeon is not the tool of choice in modem mass advertising. The message, more commonly, is presented with subtlety, often merely suggested, often presented with indirection, irony, camp, or comedy. Information as such is not the point. The stuff of modern …

Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis

Law Faculty Articles and Essays

The current controversy over federal funding for research involving stem cells derived from very early embryos is situated between two other equally difficult issues: abortion and cloning. As Laurie Zoloth (2002) says, talk about stem cells is "directly proximate" to the abortion debate. Nonetheless, a settled position in favor of abortion rights does not necessarily lead to support for research that involves the death of embryos. Nor should opposition to reproductive cloning necessarily entail opposition to therapeutic cloning. There are important ways in which our attitudes toward research with embryonic stem cells ought to be entwined with our thinking about …

Museletter: January 2002, Gail F. Zwirner

Museletter

This Issue:

Law School Expands Wireless Network Access by Timothy L. Coggins

Reference Source of the Month: West's Annotated Code of Virginia by Gail Zwirner

Recent Faculty Publications

One-L Lexis and Westlaw Training Schedule (Required for Law Skills) (Weeks of January 21 and January 28)

OP/ED: Will a National Tragedy Force U.S. Supreme Court to Join Other Courts and Accept Electronic Filings?

A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine

Scholarly Works

In Volumes VII and VIII of A Restatement of Rabbinic Civil Law, Rabbi Emanuel Quint follows admirably in the path of Maimonides and Rabbi Caro. Building on and updating the work of these and countless other legal scholars, Rabbi Quint offers a comprehensive and scholarly yet comprehensible and practical description of the law in a wide variety of subjects, including sales, gifts and gifts causa mortis, wills and estates, lost property, and bailments. The deceptive simplicity of Rabbi Quint's finished product, however, should not obscure the inherent difficulty of the ambitious task he has undertaken: an attempt to present a …

A Word-And-Flesh Profession: A Response To White And Brueggemann, Marie Failinger

Faculty Scholarship

Speech remakes the world through a relationship among words, speaker, and hearer. On one hand, this view of the human encounter as essentially rhetorical precludes an understanding of speech as purely subjectivist or emotivist self-expression. On the other hand, this same view of human speech interaction precludes the understanding of speech acts as mere descriptions of previously discovered or reasoned truth, either empirical or abstract. Professor White reaffirms this triad among words, speaker, and hearer with what he has identified as the “deeply reciprocal” dynamic of language. Professor Brueggemann also describes the speech acts between Moses, Abraham, and their God …

Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth

Scholarly Works

At a time of renewed scrutiny of capital punishment, Nevada lawyers may be interested in some of the recent legal scholarship on the death penalty based on social science data, rather than on legal philosophy or constitutional theory. Three projects are of particular interest: Professor James Liebman's work on errors in death penalty cases; the National Jury Project's data about how jurors decide capital cases; and David Baldus' recent study of peremptory challenges in capital cases.

The Fiction Of Juvenile Right To Counsel: Waiver In Juvenile Courts, Mary E. Berkheiser

Scholarly Works

Although a number of juvenile justice advocates and scholars have decried the prevalence of juvenile waiver of right to counsel, no one has undertaken a comprehensive study of the problem. This Article attempts to fill that gap. The Article begins with a review of the historical context in which juvenile right to counsel arose and proceeds to a discussion of the landmark In re Gault decision and the due process underpinnings of juvenile right to counsel. The Article then chronicles the long-standing practice of permitting juveniles to waive their right to counsel and shows that the vast majority of nearly …

Biting Off What They Can Chew: Strategies For Involving Law Students In Problem-Solving Beyond Individual Client Representation, Katherine R. Kruse

Scholarly Works

Problem-solving is most often taught in the context of representing individual clients in small manageable cases where students retain primary control and develop a sense of ownership. Increasingly, law school clinical programs are involving students in broader service projects designed to meet the needs of clients that go unaddressed by the legal system. Student involvement in these projects presents challenges for the traditional model of problem-solving taught in individual case representation. This article explores the challenges of translating the problem-solving techniques employed in direct representation of individual clients into the larger context of problem-solving for a client community by examining …

Missouri, The “War On Terrorism,” And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos

Scholarly Works

This article explains how the 2000 census confirmed what many already knew--the traditional image of what it means for Missouri to be a heartland state is changing. The 2000 census shows that the fastest growing racial/ethnic group in Missouri are Latinos. This growth in first generation immigrants has not been limited to Missouri's large urban centers. In rural Missouri and its small towns, the major group of first generation immigrants is Latinos.

Civil Liability And Remedies In Ohio Securities Transactions, Keith A. Rowley

Scholarly Works

The Ohio Securities Act (“OSA”) was enacted in 1913 to “guard [ ] investors against fraudulent enterprises, to prevent sales of securities based only on schemes purely speculative in character, and to protect the public from swindling peddlers of worthless stocks in mere paper corporations.” The OSA, which is administered by the Ohio Division of Securities (“Division”) and enforced by both the Division and private litigants, regulates the sale and purchase of securities in Ohio. The OSA and the rules and regulations promulgated pursuant to it by the Division are designed both to encourage compliance by those who might otherwise …

“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

Scholarly Works

In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …

Do Best Practices In Legal Education Include Emphasis On Compositional Modes Of Studying Law As A Liberal Art?, Linda L. Berger

Scholarly Works

Reporter's Notes on "A Liberal Education in Law: Engaging the Legal Imagination through Research and Writing Beyond the Curriculum."

“Latina/Oization” Of The Midwest: Cambio De Colores (Changes Of Colors) As Agromaquilas Expand Into The Heartland, Sylvia R. Lazos

Scholarly Works

This article focuses on important developments in Latina/o experience in the United States. Latinas/os are now the majority minority group in the United States. Increasingly, Latinas/os are rural dwellers, living in areas without a historical Latina/o presence. Latinas/os are no longer concentrated into the land geography that was Mexico prior to the Treaty of Guadalupe Hidalgo. Rather, the most recent wave of Latina/o immigration has dispersed settlement throughout the United States. This article discusses these changes in Midwest rural communities, and describes this new pattern of Latina/o immigration to the United States. The article then focuses on the cultural, socio-economic, …

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.

(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson

University of Richmond Law Review

Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting.

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.

Casebooks Are Toast, Robert Laurence

Seattle University Law Review

Into the fine spinach salad that is this Symposium on commercial law casebooks comes a grain of sand. An annoying defect in the total presentation. A distracting flaw that should not take away from the value of the remainder of the mix, but somehow does. For I am the one whose job it is to say that casebooks as a genre are dying, soon, I think, to become extinct. "Dinosaurs," a prior generation would have called them; "toast" in modern parlance. The future of law school teaching materials lies on the Web.

Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg

Faculty Scholarship

The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …

Activism Is Not A Four-Letter Word, Rebecca L. Brown

University of Colorado Law Review

No abstract provided.

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

University of Colorado Law Review

No abstract provided.

Turning Seats Into Shares: Cause And Implications Of Demutualization Of Stock And Futures Exchange, Roberta S. Karmel

Faculty Scholarship

No abstract provided.