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Kristen David Adams and Claude D. Rohwer, Global Issues in Commercial Law (Global Issues series, Thomson/West, 2010)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, Ethics and Elder Law: Teaching Students to Ask the Right Questions, 40 Stetson L. Rev. 133 (2010)Clicking on the button will copy the full recommended citation.
Teaching professional responsibility generally is not an easy task, but when it is combined with the complicated issues in Elder Law, it poses obstacles, challenges, and great rewards. Many times the best way for practitioners to solve the ethical dilemmas they face is to know the right questions to ask. This Article discusses how using Elder Law examples to illustrate ethical issues can accomplish the following three goals: (1) teaching the general rules of professional responsibility using the lens of Elder Law; (2) exploring the unique roles played by Elder Law attorneys in the lives of their clients and their clients’ families; and (3) help the students learn to identify the questions and concerns raised in this particular area of law. Teaching ethics in an Elder Law context affords the students the opportunity to explore the roles of the Elder Law attorney and the need to recognize the questions and concerns in this area of law.
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Ellen S. Podgor, Intangible Rights – A Déjà Vu, 63 Vand. L. Rev. En Banc 73 (2010)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, The Role of the Criminal Defense Attorney: Not Just and Advocate, 7 Ohio St. J. Crim. L. 647 (2010)Clicking on the button will copy the full recommended citation.
This essay was written for a symposium where several authors each analyzed the same factual hypothetical of a client planning to commit perjury. It argues that the lawyer’s ethical role must account for duties to the court and public, as well as the duties to the client. The tri-partite role of the attorney is the beginning point when dealing with what has been called the criminal defense attorney’s trilemma. The answer to the hypothetical posed is found in accepting the responsibility to fulfill each of the required ethical roles in any given situation. This essay argues that the situation of a client’s perjury should be analyzed with a recognition that each of the multiple roles implicate distinct responsibilities, and further that each role has an ethical perspective which must be considered and fulfilled in every action and decision the lawyer makes.
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Ellen S. Podgor, Regulating Lawyers: Same Theme, New Context, 2010 Journal of the Professional Lawyer 191 (2010)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Environmental Law, 44 Int'l Law. 503 (2010)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Extending the Vision: An Empowerment Identity Approach to Work-Family Regulation as Applied to School Involvement Leave Statutes, 16 Wm. & Mary J. Women & L. 613 (2010)Clicking on the button will copy the full recommended citation.
Using school leave legislation as the focus for analysis, this article proposes 'empowerment identity' approach to work-family legislation as an alternative or complement to the commonly used accomodation and antidiscrimination approaches. In many households, working parents struggle to meet routine demands of parenting, such as caring for a sick child or attending a child's school activity. Interestingly, one of the most common forms of state-level legislation designed to address the routine demands of parenting is school involvement leave legislation. Although state school involvement leave statutes vary widely in how and for what reasons they permit time away from work for parents to attend a child's school functions, they represent the common view that the purpose of work-family legislation is to (1) accomodate episodic parenting needs when those needs interfere with work obligations or (2) prohibit discrimination by an employer when a worker-parent requires time away from work to attend to those caregiving needs.
After analyzing exisiting school involvement leave legislation and demonstrating that this legislation takes both accomodation and antidiscrimination approaches to regulating school involvement leave, this article suggests that an alternative approach to critiquing and crafting work-family legislation, particularly school involvement leave legislation, is the empowerment identity approach. An empowerment identity apprach, adapted from organizational communication theory, frames legislation as a discursive structure in which worker-parents should be empowered to construct individualized worker-parent identities through language related action. Accordingly, after explaining the empowerment identity approach, this article concludes that school involvement leave statutes, fall short of full empowerment but have the potential to empower parents to accomplish plural, individualized, and authentic identities as both worker-parents and as important stewards of their children's educations.
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Grant Christensen, Creating Bright-Line Rules for Tribal Court Jurisdiction over Non-Indians: The Case of Trespass to Real Property, 35 American Indian Law Review 527 (2010)Clicking on the button will copy the full recommended citation.
The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties – tribal, state, and federal – are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed into federal courts. I offer this piece to propose a new and novel solution; that tribal courts be extended civil jurisdiction in a piecemeal process that vests absolute tribal court jurisdiction over non-Indians for those civil offenses over which tribes have the greatest interest. This article takes one of the most common jurisdictional questions, tribal court jurisdiction over non-Indians in cases of trespass to land, and argues that a bright-line rule favoring tribal court jurisdiction in this instance is legally mandated, will pragmatically conserve judicial resources, and recognizes the broad tribal sovereignty recently reaffirmed by Congress.
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Elizabeth Ippolito Boals, State v. Peyton: Case File and Teaching Guide (1st ed., NITA, 2010)Clicking on the button will copy the full recommended citation.
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Jaclyn Lopez, BP’s Well Evaded Environmental Review: Categorical Exclusion Policy Remains Unchanged, 37 Ecology Law Currents 93 (2010)Clicking on the button will copy the full recommended citation.