Ineffective Assistance Of Counsel In Plea Bargain
Negotiations ,
2010
Brigham Young University Law School
Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson
BYU Law Review
No abstract provided.
A Fool For A Client: Competency Standards In
Pro Se Cases ,
2010
Brigham Young University Law School
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
BYU Law Review
No abstract provided.
Legal Education Prepares Students To Weather Tough Times,
2010
University of Richmond
Legal Education Prepares Students To Weather Tough Times, Tara L. Casey
Law Faculty Publications
The author discusses how law students are facing a daunting problem—a competitive job market in the midst of an economic recession. But because of the training they receive both inside and outside of the classroom, law students are uniquely poised to weather this storm.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations,
2010
Valparaiso University School of Law
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
Crowdsourcing And Open Access: Collaborative Techniques For Disseminating Legal Materials And Scholarship,
2010
University of Cincinnati College of Law
Crowdsourcing And Open Access: Collaborative Techniques For Disseminating Legal Materials And Scholarship, Timothy K. Armstrong
Faculty Articles and Other Publications
This short essay surveys the state of open access to primary legal source materials (statutes, judicial opinions and the like) and legal scholarship. The ongoing digitization phenomenon (illustrated, although by no means typified, by massive scanning endeavors such as the Google Books project and the Library of Congress's efforts to digitize United States historical documents) has made a wealth of information, including legal information, freely available online, and a number of open-access collections of legal source materials have been created. Many of these collections, however, suffer from similar flaws: they devote too much effort to collecting case law rather than …
International Bridges To Justice (Ibj) - Criminal Defence Training,
2010
Singapore Management University
International Bridges To Justice (Ibj) - Criminal Defence Training, Lien Centre For Social Innovation
Social Space
Criminal justice systems across the world continue to be plagued by problems such as arbitrary detention, torture and an inadequate knowledge of the rights of defendants. IBJ hopes to establish a legal resource hub for criminal defenders and justice practitioners across Asia by taking a collaborative and proactive approach with Asian governments and fostering leadership and innovation in the area of criminal justice reform.
Volume 77 (2009-2010),
2010
University of Tennessee College of Law
Defense Counsel And Plea Bargain Perjury,
2010
Case Western University School of Law
Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal
Faculty Publications
No abstract provided.
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010),
2010
UIC School of Law
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
UIC John Marshall Journal of Information Technology & Privacy Law
Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …
On-Line Legal Research Workshops,
2010
Barry University School of Law
On-Line Legal Research Workshops, Frederick B. Jonassen
St. Thomas Law Review
Like riding a bicycle, playing tennis, or driving a car, legal research is a skill, and like any other skill, it is learned by doing, and not by listening to a lecture. However, lectures are indispensable for introducing the skill. The mental processes applied in electronic legal research may differ from those applied to book legal research. But because both electronic and book research are skills, a guided workshop in electronic legal research may be based on similar principles to those underlying a workshop in book legal research, with appropriate modifications. The aspects of the electronic legal workshop proposed here …
The Uniform Bar Examination: A Benefit To Law School Graduates,
2010
The Catholic University of America, Columbus School of Law
The Uniform Bar Examination: A Benefit To Law School Graduates, Veryl Victoria Miles
Scholarly Articles
No abstract provided.
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty,
2010
Barry University
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Faculty Scholarship
No abstract provided.
Teaching Public Citizen Lawyering: From Aspiration To Inspiration,
2010
University of the District of Columbia
Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae Quinn
Journal Articles
A longtime social justice activist and clinical professor, Douglas Colbert,2 recently sought information from colleagues across the country3 for the second part of an important project examining a lawyer’s ethical obligation to engage in pro bono work during a time of crisis, such as the aftermath of Hurricane Katrina or 9/11.4 He sent out surveys to learn which schools actually taught the Preamble to the ABA Model Rules of Professional Conduct in ethics or other courses.5 As Professor Colbert’s letter explained, the Preamble states: “A lawyer, as a member of the legal profession, is a representative of clients, an officer …
Raising The Bar: Us Legal Education In An International Setting,
2010
American University Washington College of Law
Raising The Bar: Us Legal Education In An International Setting, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
It's The Law! Applying The Law Is The Missing Measure Of Civil Law / Common Law Convergence,
2010
University of Baltimore School of Law
It's The Law! Applying The Law Is The Missing Measure Of Civil Law / Common Law Convergence, James Maxeiner
All Faculty Scholarship
It’s the Law! The application of law to facts is a measure of convergence of common and civil law systems of civil procedure that is missing from our program. The previous session addressed “Getting Straight to the Facts” and “Getting Results.” Facts and results are fine, but what of the law and of its application? Should not applying law have pride of place in systems of civil justice? Should not it be the measure of convergence?
The measure of convergence that I propose is whether methods of applying law to facts are converging. Applying law to facts is the principal …
The Future Of Inadvertent Disclosure: The Lingering Need To Revise Professional Conduct Rules,
2010
University of Maryland Francis King Carey School of Law
The Future Of Inadvertent Disclosure: The Lingering Need To Revise Professional Conduct Rules, Paula Schaefer
Maryland Law Review
No abstract provided.
Cost And Fee Allocation In Civil Procedure,
2010
University of Baltimore School of Law
Cost And Fee Allocation In Civil Procedure, James Maxeiner
All Faculty Scholarship
Court costs in American civil procedure are allocated to the loser ("loser pays") as elsewhere in the civilized world. As Theodor Sedgwick, America's first expert on damages opined, it is matter of inherent justice that the party found in the wrong should indemnify the party in the right for the expenses of litigation. Yet attorneys' fees are not allocated this way in the United States: they are allowed to fall on the party that incurs them (the ''American rule," better, the American practice). According to Albert Ehrenzweig, Austrian judge, emigre and then prominent American law professor, the American practice is …
Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects,
2010
University of the District of Columbia David A Clarke School of Law
Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects, Bruce Ching
Journal Articles
No abstract provided.
Representing Parents In Child Welfare Cases,
2010
University of Michigan Law School
Representing Parents In Child Welfare Cases, Vivek Sankaran
Book Chapters
A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution and the courts.2 The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children.3 If the state seeks to interfere with the parent-child relationship, the Constitution mandates that the state: (1) prove parental unfitness, a standard defined by state laws; and (2) follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised on the belief …
Do Two Wrongs Protect A Prosecutor?,
2010
Case Western University School of Law
Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
May a former criminal defendant bring a civil rights action against a prosecutor who fabricated evidence during an investigation and then introduced that evidence against the defendant at trial? The Seventh and Second Circuits have divided in answering this question. On November 4, 29, the Supreme Court heard oral argument in an Eighth Circuit case raising this question, Pottawattamie County v. Harrington, 547 F.3d 922 (8th Cir. 28), cert. granted, 129 S. Ct. 22 (April 2, 29), and many expected the Court to resolve the circuit split later this term. But on January 4, 21, the Court dismissed the case …
