2,235 research outputs found

    Behind Closed Doors: Shedding Light on Lawyer Self-Regulation-What Lawyers Do When Nobody\u27s Watching

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    This Article summarizes Nobody’s Watching. It also examines some of the consequences of failing to enforce ethical rules for lawyer conduct and offers some lessons for future rule development and enforcement. Part III considers some of the academic and practical significance of Nobody’s Watching. The Article concludes by noting that Nobody’s Watching offers academics, lawyers, and regulators a valuable tool to better understand and improve the regulation of the profession

    Cracks in the Profession\u27s Monopoly Armor

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    This article examines the legal profession’s long-held monopoly in the nation’s legal services market in the context of two recent developments. The first development concerns the Conference of Chief Justices’ (CCJ) recent adoption of Resolution 15, “Encouraging Adoption of Rules Regarding Admission of Attorneys Who Are Dependents of Service Members.” Resolution 15 urges state bar authorities to develop and implement rules permitting admission without examination of lawyers who are military dependents. The CCJ’s rule promotes competition by facilitating the movement of lawyers from one geographic market to another. The second development is Washington Supreme Court’s new Admission to Practice Rule (APR) 28, titled “Limited Practice Rule for Limited License Legal Technicians” (LLLT). This rule allows licensed legal technicians (i.e., non-lawyers) to provide limited legal services without the supervision of lawyers. LLLT advocates argue that the new rule will help address the nation’s access to justice crisis. This article concludes that both developments promise to promote competition in the legal services market and enhance consumer welfare

    Mid-morning Break and Poster Sessions: A Comparative Analysis of Design and Motivation in Slot Machines and Video Games

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    Introduction The slot machines of today reflect an impressive design feat: translating cold win/loss probability into an unpredictable, whimsical, and engaging experience. A successful spin offers more than a quick payout, it’s an opportunity to experience hidden secrets within the machine: creative bonus games, rich animation and movie clips, even the chance to play simultaneously with other players on linked machines. Many of these characteristics are similar to design and gameplay elements of video games. Separate research into both slots and video games often reflect similar questions about design, motivation for play and addiction. This poster presents a visual and theoretical analysis of the convergence of video game elements into slot machines

    The Importance of Faculty Appreciation and Recognition: A Case Study of One Institution

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    This study examines racial differences in faculty satisfaction with appreciation and recognition at a large university in the western United States. Using organizational socialization theory, I argue that appreciation and recognition are important to overall faculty satisfaction and, ultimately, the satisfaction with the institution as a place to work. Racial differences exist in these measures, suggesting Asian faculty are least satisfied. These results suggest that challenges to diversifying higher education institutions may rely, in part, on the acknowledgment faculty members receive for their work and from whom these acknowledgments are made. Additionally, these measures influence overall satisfaction with the institution, which may impact retention

    Can We Forgive Those Who Batter? Proposing an End to the Collateral Consequences of Civil Domestic Violence Cases

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    Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those who seek a tort remedy, or those who are involved with the criminal justice system. The CPO process, and its related orders, produces real and lasting “prejudicial collateral legal consequences” that extend past the life of the CPO

    Foreword: The New Era- Quo Vadis?

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    The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the international legal services market, where an almost irresistible siren promises to lure more lawyers, who will run the risk of crashing on the shoals of an increasingly fragmented regulatory framework. The increase in MJP, especially in a more globalized setting, and the risks attending new technologies highlight the need for a more unified and collaborative approach to professional regulation. The ABA’s creation of the 20/20 Commission represents a timely and significant response by the organized bar to these developments. The profession needs to better educate lawyers about developments involving the globalization of the legal services market and their ethical significance. Education is the key to alerting lawyers to outside regulation by government agencies and others that may threaten traditional values and practices in the delivery of legal services. Simply put, it is in the profession’s self-interest to remain informed of outside regulation that may limit counsel’s effectiveness in representing clients. If the profession fails to rise to the challenges the panelists have highlighted, its inaction may produce unintended consequences, including encouraging others outside the profession to take action that may affect lawyers negatively. For example, the government may enter into an international trade agreement that limits the scope of the attorney-client privilege as it is understood in the United States. Currently, there is legislation in the United States Senate preventing corporations and limited liability companies from engaging in money laundering and the financing of terrorism and includes lawyers within its scope. The Incorporation Transparency and Law Enforcement Assistance Act would, among other things, enable the Treasury Department “to impose suspicious-activity report requirements upon lawyers.” MJP and new technologies are changing traditional notions of how lawyers work and how they are viewed. It is much more common today for lawyers to represent clients whom they have never personally met or to routinely outsource work offshore to lawyers. Lawyers need to be ever mindful of the ethical considerations involved in cross-border practice and the use of new technologies. Devising and implementing new regulatory reforms promises to be difficult and costly. The process will require an ongoing educational effort concerning the increase in MJP and new technologies and their effect on practice. Law schools and the ABA Center for Professional Responsibility should collaborate in taking the lead in these educational endeavors

    IMPLEMENTASI DIGITAL SIGNATURE ALGORITHM (DSA) MENGGUNAKAN SECURE HASH ALGORITHM-256 (SHA-256) PADA MEDIA GAMBAR

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    With the development of technology, documents not only produced in printed form but also produced in digital form, especially image documents. The advantage of digital documents is that they are easier and more efficient to use but digital documents are also easy to fake. To overcome this, a digital document security technique is needed, that is the document is digitally signed. This study aims to explain the process of implementing Digital Signature Algorithm by using the Secure Hash Algorithm-256 as hash function on image file and designing digital signature programs. The results of this study indicate that the Digital Signature Algorithm (DSA) using the Secure Hash Algorithm-256 hash function can’t only be implemented in text messages, but can be implemented in image file by the method of image conversion to ASCII images. DSA can also be programmed using the Python programming language to facilitate the generation and authentication of signatures

    A 2010 Update: What Every Entertainment Lawyer Needs to Know - How to Avoid Being the Target of a Legal Malpractice Claim or Disciplinary Action

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    There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The magnitude of the risk is underscored by the prediction that law school graduates “will be the subject of three or more claims of legal malpractice before finishing a career.” This article examines some good practice standards that minimize the risk that a lawyer will become the target of a legal malpractice or disciplinary action. These standards should also reduce the risk of a lawyer becoming the object of a disqualification or Rule 11 motion. This article discusses these standards in the entertainment law context but they also apply to a variety of practice areas

    The Changing Landscape of Intercollegiate Athletics—The Need to Revisit the NCAA\u27s No Agent Rule

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    The National Collegiate Athletic Association (NCAA), the primary governing body for intercollegiate athletics, promulgated its “No Agent Rule” in 1974 prohibiting advisors of student- athletes from communicating and negotiating with professional sports teams. As part of a core principle of amateurism, the NCAA adopted this rule, in part, to delineate between professional athletes and student athletes. However, through economic and societal evolution, this policy is antiquated and detrimental to the personal and professional development of college athletes. This Article argues in favor of expanding the recent Rice Commission’s recommendation, adopted by the NCAA, to grant an exception from the No Agent Rule for Men’s Division I elite basketball players to all college sports and levels of competition. The NCAA’s landscape for governing college athletics has undergone many recent changes, some of which strengthen the notion that all student-athletes would benefit from earlier access to agent advice and assistance. The Changing Landscape of Intercollegiate Athletics—The Need to Revisit the NCAA’s “No Agent Rule” discusses this need by first detailing the evolution of NCAA governance, followed by an analysis of the Gatto decision and its impact on the Rice Commission’s report promoting an exception to the No Agent Rule for Division I Men’s elite basketball players. Finally, this article recommends that because of the changed and ever-evolving landscape of college sports, the NCAA should abandon its No Agent Rule in favor of a Modified Agent Rule (MAR). The MAR would enable all student-athletes to contract with sports agents subject to some NCAA oversight to protect student-athletes from agent abuse and to support the NCAA’s commitment to amateurism. The MAR promises to alleviate some of the stress and challenges that hinder all student- athletes, especially gifted athletes, when assessing how and by what means to enter the professional sports level
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