Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework,
2014
University of Colorado Law School
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin
University of Colorado Law Review
In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired …
"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf,
2014
University of Colorado Law School
"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf, Marc R. Poirier
University of Colorado Law Review
No abstract provided.
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families,
2014
University of Michigan Law School
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon
Other Publications
This is the first of two articles that examines the role that advocates for parents and families can play in furthering the well-being and safety of children. This article highlights how the work of multidisciplinary advocacy teams with legal expertise can help prevent children from entering foster care. The next article will discuss emerging parent representation models that expedite the safe reunification of children already in foster care.
Deep In The Heart Of Texas: How Carbon Sequestration Will Affect Valuation Of The Subsurface.,
2014
St. Mary's University
Deep In The Heart Of Texas: How Carbon Sequestration Will Affect Valuation Of The Subsurface., Sarah Anne Lishman
St. Mary's Law Journal
Abstract Forthcoming.
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?,
2014
St. Mary's University
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?, Xavier Rodriguez
St. Mary's Law Journal
Jury participation is helpful in many respects. It fosters an understanding of the third branch of government and the workings of the judicial system. It offers the opportunity for individuals to serve in a unique role: neutral factfinder. Moreover, in an age of declining voter participation, jury service provides individuals with the opportunity to directly participate in our governmental structure. Despite these positive attributes, jury trials as we knew them are on the decline. That may or may not be problematic, depending on what types of cases are being impacted. Where parties have reached a voluntary and informed settlement on …
Mindful Ethics-A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility,
2014
St. Mary's University
Mindful Ethics-A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott Rogers
St. Mary's Journal on Legal Malpractice & Ethics
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation’s Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …
How Do You Rate Your Lawyer? Lawyers’ Responses To Online Reviews Of Their Services,
2014
St. Mary's University
How Do You Rate Your Lawyer? Lawyers’ Responses To Online Reviews Of Their Services, Laurel A. Rigertas
St. Mary's Journal on Legal Malpractice & Ethics
With the proliferation of opportunities for consumers to review a variety of services on the Internet, it is only a matter of time until more clients review their attorneys’ services on the Internet. This raises a variety of potential ethical and public policy issues. First, what can attorneys do to try to control their online reputations? Second, if a client posts negative comments about an attorney’s services on a public Internet forum, can the attorney respond on that forum without breaching the duty of confidentiality and, if so, how? Finally, when settling a dispute with a client, may an attorney …
“Nudging” Better Lawyer Behavior: Using Default Rules And Incentives To Change Behavior In Law Firms,
2014
St. Mary's University
“Nudging” Better Lawyer Behavior: Using Default Rules And Incentives To Change Behavior In Law Firms, Nancy B. Rapoport
St. Mary's Journal on Legal Malpractice & Ethics
In the changing landscape of law practice—where law firm profits are threatened by such changes as increased pressure from clients to economize and the concomitant opportunities for clients to shop around for the most efficient lawyers—are there ways to change how things are done in law firms so that firms can provide more efficient and ethical service? This article suggests that an understanding of cognitive biases and basic behavioral economics will help law firms tweak their incentives and default rules to promote the improved delivery of legal services.
The Qualified Privilege Of Texas Lawyers To Defend Their Reputations.,
2014
St. Mary's University
The Qualified Privilege Of Texas Lawyers To Defend Their Reputations., Clement J. Hayes
St. Mary's Journal on Legal Malpractice & Ethics
The technology-based society of the twenty-first century offers vast Internet resources that afford individuals easy access to information and means of communication. As a result, people spend substantial time online. Some Internet sites, such as Facebook, Twitter, Yelp, Angie's List and Google, provide consumers an online forum for sharing experiences and opinions. This development, while in many respects beneficial, is not without its drawbacks.
Proof Of Exoneration In Legal Malpractice Cases: The Peeler Doctrine And Its Limits In Texas And Beyond.,
2014
St. Mary's University
Proof Of Exoneration In Legal Malpractice Cases: The Peeler Doctrine And Its Limits In Texas And Beyond., John G. Browning, Lindsey Rames
St. Mary's Journal on Legal Malpractice & Ethics
This article examines the requirements of "actual innocence" or exoneration as a prerequisite for bringing a claim of legal malpractice against a criminal defense attorney. It analyzes the public policy underpinnings and differing approaches taken in those jurisdictions that have adopted an "actual innocence" requirement. To illustrate the way in which this comparatively recent phenomenon has developed, the Article views the exoneration doctrine through the prism of Texas law, analyzing the doctrine's emergence in Peeler v. Hughes & Luce and discussing how it has expanded over the years. Yet even as this "actual innocence" doctrine has expanded in Texas, recent …
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014),
2014
The John Marshall Law School
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now,
2014
Yale Law School
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886,
2014
University of Michigan Law School
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender
SJD Dissertations
In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be the …
Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation,
2014
Columbia Law School
Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation, Casswell F. Holloway, Carter H. Strickland Jr., Michael B. Gerrard, Daniel M. Firger
Faculty Scholarship
Faced with mounting infrastructure construction costs and more frequent and severe weather events due to climate change, cities across the country are managing the water pollution challenges of stormwater runoff and combined sewer overflows through new and innovative "green infrastructure" mechanisms that mimic, maintain, or restore natural hydrological features in the urban landscape. When utilized properly, such mechanisms can obviate the need for more expensive pipes, storage facilities, and other traditional "grey infrastructure" features, so named to acknowledge the vast amounts of concrete and other materials with high embedded energy necessary in their construction. Green infrastructure can also provide substantial …
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms,
2014
Columbia Law School
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen
Faculty Scholarship
This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado’s recent legalization of marijuana as a case study, it shows how two such attributes – an autonomous realm of state action and independent state officials with distinctive interests – can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the …
Partisan Federalism,
2014
Columbia Law School
Partisan Federalism, Jessica Bulman-Pozen
Faculty Scholarship
Among the questions that vex the federalism literature are why states check the federal government and whether Americans identify with the states as well as the nation. This Article argues that partisanship supplies the core of an answer to both questions. Competition between today’s ideologically coherent, polarized parties leads state actors to make demands for autonomy, to enact laws rejected by the federal government, and to fight federal programs from within. States thus check the federal government by channeling partisan conflict through federalism’s institutional framework. Partisanship also recasts the longstanding debate about whether Americans identify with the states. Democratic and …
Trusting The Courts: Redressing The State Court Funding Crisis,
2014
Columbia Law School
Trusting The Courts: Redressing The State Court Funding Crisis, Michael J. Graetz
Faculty Scholarship
In recent years, state courts have suffered serious funding reductions that have threatened their ability to resolve criminal and civil cases in a timely fashion. Proposals for addressing this state court funding crisis have emphasized public education and the creation of coalitions to influence state legislatures. These strategies are unlikely to succeed, however, and new institutional arrangements are necessary. Dedicated state trust funds using specific state revenue sources to fund courts offer the most promise for adequate and stable state court funding.
Chapter 9 Bankruptcy In California: The Efficacy Of Mandating Alternative Dispute Resolution In Municipal Bankruptcy Filings,
2014
Benjamin N. Cardozo School of Law
Chapter 9 Bankruptcy In California: The Efficacy Of Mandating Alternative Dispute Resolution In Municipal Bankruptcy Filings, Michael Galen
Cardozo Journal of Conflict Resolution
The subject of this Note is of importance to ADR practitioners: the incorporation of ADR into a new state law can mitigate a heated legal struggle involving state and federal law, while balancing the competing interests of powerful parties like local governments and large unions. This subject demonstrates the efficacy of ADR as applicable to bankruptcy law, a realm with which many ADR practitioners may be unfamiliar. This Note's case study focuses solely on California law and cases because California stands alone in its approach of mandating ADR as a precondition to a municipal bankruptcy filing. Since all states have …
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government,
2014
Elisabeth Haub School of Law at Pace University
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Mr. Yassky delivered these remarks on February 18, 2013, at the symposium Process, Powers, and Lessons for the Future: 25 Years of New York City Charter Revisions, sponsored by the Center for New York City Law and the New York Law School Law Review and held at New York Law School. Mr. Yassky’s remarks were given as part of the panel titled The Balance of Powers Under the New York City Charter and are followed by a dialogue between Mr. Yassky and the other members of that panel: John Avlon, Senior Political Columnist, Newsweek; Elizabeth Fine, General Counsel, New York …
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014),
2014
UIC School of Law
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic
UIC Law Review
No abstract provided.
