Missouri's Public Defender Crisis: Shouldering The Burden Alone,
2010
University of Missouri - Kansas City, School of Law
Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean O'Brien
Faculty Works
No abstract provided.
A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements,
2010
New York Law School
A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
NYLS Law Review
No abstract provided.
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities,
2010
University of the District of Columbia David A. Clarke School of Law
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
NYLS Law Review
No abstract provided.
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa,
2010
University of Richmond
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Richmond Journal of Law and the Public Interest
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic,
2010
Unviersity of Michigan Law School
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand
Articles
That is not to say that the launch of this clinic was easy. Four of the most challenging issues the ITC faced in its first year of operation were: 1) developing a client pool, 2) defining client projects so as to be appropriate to student clinicians’ skill levels and capacity, 3) making use of efficient and inexpensive technology to foster international communication with clients and transaction management, and 4) tapping supervisory attorney talent capable of supporting student clinicians in their international transactional work. The first two issues were the biggest challenges that we faced in launching the ITC and so …
Using Mindfulness Practice To Work With Emotions,
2010
University of Connecticut School of Law
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Portraits Of Resistance: Lawyer Responses To Unjust Proceedings,
2010
University of Connecticut School of Law
Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav
Faculty Articles and Papers
This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own. …
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services,
2010
University of Michigan Law School
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott
Articles
In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …
Soft-Core Perjury,
2010
University of Michigan Law School
Soft-Core Perjury, Leonard M. Niehoff
Articles
Despite its greater pervasiveness, however, soft-core perjury has generated considerably less discussion and debate than hard-core perjury has. There are reasons for this, but they are not good ones. Indeed, we might summarize the matter this way: Lawyers tend to dismiss the soft-core perjury problem because they do not see it as a problem. They do not see it as an ethical problem, and they do not see it as a practical problem. They are wrong on both counts.
The idea that soft-core perjury poses no ethical problem comes from the view that the lawyer's dilemma-or trilemma, if you will-arises …
A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science,
2010
University of Washington School of Law
A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science, Lea B. Vaughn
Articles
Although Crichton has lost the battle regarding global warming, his characterization of lawyers and law practice remains unchallenged. This article challenges his damning portrait of lawyers as know-nothing, self-aggrandizing manipulators of various social and environmental causes. A more nuanced examination of "cause lawyering" reveals that lawyers are not part of a vast conspiracy to grab power through the causes for which many work; in fact, the rules of professional responsibility as well as the structure of "cause lawyering" limit their power and influence. Regardless, lawyers are nonetheless vital, and generally principled, participants in the debates and causes that inform environmental …
Playing Nice: The Dos And Don'ts Of Courtroom Etiquette,
2010
University of Washington School of Law
Playing Nice: The Dos And Don'ts Of Courtroom Etiquette, Maureen A. Howard
Articles
No matter how brilliant the lawyer, impressive her credentials, thorough her case preparation, or razor-sharp her analytic skills, she risks damaging her case — and her reputation — if she fails to comply with basic courtroom etiquette. There are certain dos and don’ts of courtroom behavior that are understood by seasoned trial lawyers and expected from judges. There are also common courtesies expected by jurors of lawyers who are viewed as professional and credible. A lawyer will undoubtedly learn these behavioral norms in the trenches over time, but she is well advised to have a courtroom etiquette checklist in her …
Rise Of Political Populism And The Trouble With The Legal Profession In China,
2010
University of Washington School of Law
Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang
Articles
This essay looks into recent efforts by the ruling party in China to tighten control of the judiciary, the lawyers and prosecutors under the slogan of "harmonious society" in the last couple of years. This reversed the direction of judicial reform under the leadership of Xiao Yang, during his tenure as President of the Supreme People's Court before 2008. The trouble with the legal profession in China, the essay asserts, is not only that it loses its professional autonomy thus its ability to act as a sociopolitical force that is independent from the ruling political party; but also, by virtue …
Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?,
2010
Aon Risk Services
Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?, Douglas R. Richmond
Kentucky Law Journal
No abstract provided.
Post-Racialism In The Inner-City: Structure And Culture In Lawyering,
2010
University of Miami School of Law
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
From Gats To Apec: The Impact Of Trade Agreements On Legal Services,
2010
Penn State Dickinson School of Law
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry
Faculty Scholarship
This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …
A Dean Of Character,
2010
Saint Louis University School of Law
A Dean Of Character, Joel K. Goldstein
All Faculty Scholarship
Jeff Lewis’s deanship will be remembered for the tangible contributions it made to the development of Saint Louis University School of Law (the School) and to the University of which it is an important part. The size of the faculty increased dramatically through entry-level and lateral hiring (the latter something rarely done before). More resources were made available to support faculty scholarly activities. The School intensified its commitment to clinical and practical skills training, the curriculum was expanded and arranged in a coherent manner to better prepare students for practice, and small-section classes were introduced. The School’s program centers were …
Law School Classes With Twitter (!),
2010
New York Law School
Law School Classes With Twitter (!), Stephen Ellmann
Other Publications
NOW WITHOUT HESITATION
SATURDAY, MAY 8, 2010
Law school classes with Twitter (!)
This post originally appeared on http://nowwithouthesitation.blogspot.com/2010/05/law-school-classes-with-twitter.html
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 …
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution,
2010
Texas A&M University School of Law
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Faculty Scholarship
At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. This Article argues that when people learn a sense of "self" and "other" through both theoretical and practical knowledge and understanding of mindfulness and human emotion, connections with others are more likely to be made, and important relationships are more likely to be built.
My goal, then, is to begin thinking about how one might bring mindfulness and emotions from the “mind level” to what human relations …
