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Articles 31 - 60 of 171
Full-Text Articles in Law
Public Defenders As Gatekeepers Of Freedom, Alma Magaña
Public Defenders As Gatekeepers Of Freedom, Alma Magaña
Faculty Articles
Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …
Disparities On Judicial Conduct Commissions, Nino C. Monea
Disparities On Judicial Conduct Commissions, Nino C. Monea
Marquette Law Review
Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
Staff Matters: Supporting Employees After A Maternity Leave, Jodi Schafer Sphr, Shrm-Scp
Staff Matters: Supporting Employees After A Maternity Leave, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
This article reviews federal law regarding employer obligations to new mothers, including the Fair Labor Standards Act and the Providing Urgent Maternal Protections for Nursing Mothers Act. The article contains suggestions for ways to support new mothers returning to work in a practice. This article is an installment of the MDA Journal’s monthly Staff Matters® department.
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
DePaul Business & Commercial Law Journal
No abstract provided.
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
DePaul Business & Commercial Law Journal
No abstract provided.
Ethics At The Speed Of Business, James A. Doppke Jr.
Ethics At The Speed Of Business, James A. Doppke Jr.
DePaul Business & Commercial Law Journal
This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.
Welcome Address, Lauren Mckenzie
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
Dalhousie Law Journal
What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Connecticut Law Review
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …
Considerations In Selecting Venues For The American Thoracic Society International Conference: Balancing Competing Priorities Of The Society's Diverse Membership, Gregory P. Downey, M. Patricia Rivera, Lynn M. Schnapp, Irina Petrache, Jesse Roman, Karen J. Collishaw
Considerations In Selecting Venues For The American Thoracic Society International Conference: Balancing Competing Priorities Of The Society's Diverse Membership, Gregory P. Downey, M. Patricia Rivera, Lynn M. Schnapp, Irina Petrache, Jesse Roman, Karen J. Collishaw
Division of Pulmonary and Critical Care Medicine Faculty Papers
No abstract provided.
"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney
"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney
Faculty Scholarship
Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …
The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux
The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux
Senior Honors Papers / Undergraduate Theses
The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …
Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart
Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart
Catholic University Law Review
The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …
Private Sanctions, Public Harm?, Jon J. Lee
Private Sanctions, Public Harm?, Jon J. Lee
BYU Law Review
The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.
This Article takes a comprehensive look at private sanctions …
Ethical Considerations Of Clinical Research In Emergency Care Settings: A Review, Adith Velavan
Ethical Considerations Of Clinical Research In Emergency Care Settings: A Review, Adith Velavan
Honors Scholar Theses
Emergency and acute care settings are some of the most volatile and high intensity areas of any healthcare operation. Better understanding of systems and treatments in these spaces are critical to improving outcomes for the high risk patients that are treated there. Clinical research serves as a cornerstone of modern medical research, and is critical to the further improvement of clinical care in these settings. This thesis serves to explore the ethicality of such research given the constraints of emergency medicine settings. Not only does this thesis provide a strong foundation regarding the history and current practices of clinical research, …
Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey
Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
The Sec Revolving Door And Comment Letters, Michael Shen, Samuel T. Tan
The Sec Revolving Door And Comment Letters, Michael Shen, Samuel T. Tan
Research Collection School Of Accountancy
Government officials, advocacy groups, and the business press have raised concerns that former SEC employees may continue to influence the SEC after leaving the agency. Using hand-collected data on the characteristics of 1,384 lawyers who represented firms in responding to SEC comment letters between 2005 and 2016, we examine the impact of post-revolving SEC employees on the SEC comment letter process. Among other determinants, we find that older and larger firms with a history of litigation are more likely to hire former SEC lawyers over non-SEC lawyers. Relative to firms that involve only non-SEC lawyers, we find that firms that …
Arbitrariness And Accountability In Plea Bargaining, Emma Brewer
Arbitrariness And Accountability In Plea Bargaining, Emma Brewer
Honors Theses
Justice is supposed to be a consistent, fair ideal of our society. If an individual is going to face punishment, there should be reasons why they receive the punishment they do, and two people who commit similar offenses should be punished similarly. These societal ideals are also embraced by the legal profession. Unfortunately, the current practice of plea bargains creates potential problems for our ability to satisfy that ideal of justice. Prosecutors have significant discretion in offering plea bargains. This discretion opens the door for potential arbitrariness. One way for prosecutors to combat that arbitrariness is by having a structured …
New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, Megan J. Ballard, Zaida C. Rivera
New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, Megan J. Ballard, Zaida C. Rivera
Seattle University Law Review Online
Every state, including Washington, has enacted laws to protect the public from the harm caused when an unqualified person provides legal services. Each state defines the practice of law and generally limits that practice to members of the state bar association. In Washington, a complex collage of case law, statutes, and a Supreme Court rule attempt to define the practice of law, identify when the practice of law by a nonlawyer is unauthorized, and determine when public policy considerations allow such nonlawyer practice.
Protecting immigrants from unauthorized practice of immigration law is a particular concern. People who claim to be …
Elitism In The Legal World: A Comparison Between The U.K. And U.S.A, Michael Johnson Jr
Elitism In The Legal World: A Comparison Between The U.K. And U.S.A, Michael Johnson Jr
Faculty Curated Undergraduate Works
In this paper I will be discussing the various ways that the United Kingdom has played an integral part in creating the way the world looks at and practices common law, while also addressing the systemic racism and elitism entrenched in the U.K. legal system. I will also be comparing the U.K. to the United States as American law was built on the influence of British law and share deep similarities to how minorities are treated due to constant and ongoing systemic disadvantages and legal elitism. I will be discussing how the U.K. and U.S. are trying to address the …
Clerical-Collar Crime: How Church Members Deal When Church Leaders Steal Church Property, Preslie B. Grumbles
Clerical-Collar Crime: How Church Members Deal When Church Leaders Steal Church Property, Preslie B. Grumbles
Texas A&M Journal of Property Law
Christian churches will lose an estimated $59 billion worldwide to embezzlement in 2022. Embezzlement and other white-collar crimes are property theft crimes characterized by the violation of another’s trust. This Comment names white-collar crimes committed exclusively by church leaders or officials “clerical-collar crimes.” Distinguishing clerical-collar crime from white-collar crime gives weight to and promotes future consideration of the unique problems that arise when church leaders and officials commit clerical-collar crime.
Although clerical-collar crime is subject to civil and criminal liability, this Comment focuses solely on victims’ experiences in bringing civil claims against perpetrators of clerical-collar crime in Texas and leaves …
What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?, Josue Barron
What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?, Josue Barron
Texas A&M Journal of Property Law
The full extent and guarantees of the Second Amendment have yet to be understood in light of modern advances in weaponry. Further, there is little Supreme Court precedent to aid in defining the scope of the Second Amendment. With challenges to restrictions on concealed carrying of firearms in public, the Second Amendment requires much clarification. Federal circuit courts are divided on how to apply the Second Amendment to firearm licensing schemes and differ on the interpretation of the Heller decision. This Note provides guidance on understanding the core protection of the Second Amendment and the presumptions left by the Supreme …
Keep Austin…White? How Equitable Development Can Save Austin, Texas From Its Racist Past And Homogenized Future, Kaylie Hidalgo
Keep Austin…White? How Equitable Development Can Save Austin, Texas From Its Racist Past And Homogenized Future, Kaylie Hidalgo
Texas A&M Journal of Property Law
More than a century of racist federal, state, and local government policies created inequitable and racially segregated neighborhoods through a practice known as redlining. I-35 in Austin, Texas, represents one of the most iconic and stark segregationist splits in the country, with the Eastside being impoverished and mostly Black while the Westside’s mostly White population thrives. As a result, Austin is the only fastest-growing city in the nation losing people of color. While there have been some private and local efforts in Austin and across the country to increase investment in marginalized and divested communities, most of these approaches are …
Cultivating Sense: Cultural Change In The Prosecutor’S Office, Shih-Chun Steven Chien
Cultivating Sense: Cultural Change In The Prosecutor’S Office, Shih-Chun Steven Chien
Law Faculty Articles and Essays
Prosecutors exercise broad discretion. They are widely viewed as the gatekeepers of the criminal justice system. To date, studies on prosecutors in different jurisdictions have largely focused on how to conceptualize, manage, and eventually control the exercise of prosecutorial discretion. Scholars have recently turned their attention to the importance of internal organizational management and leadership’s role in changing office culture as a means to regulate prosecutorial discretion. But we have limited empirical evidence as to how changes occur within a prosecutor’s office and what precise role organizational leaders play during this process.
This Article constructs a new paradigm for the …
The Securities Law Disclosure Conundrum For Publicly Traded Litigation Finance Companies, Robert F. Weber
The Securities Law Disclosure Conundrum For Publicly Traded Litigation Finance Companies, Robert F. Weber
University of Michigan Journal of Law Reform
The Article examines a peculiar legal dilemma—implicating securities law, legal ethics, and evidence law—that arises when litigation finance companies (LFCs) become public companies. LFCs provide funding to litigants and law firms for prosecuting lawsuits in exchange for a share of the lawsuit recoveries. In recent years, LFCs have significantly altered the landscape of the civil justice system in common law jurisdictions. But their assets, which are just rights to proceeds from lawsuits, are notoriously opaque— who really can predict what a jury will do when it comes to liability and damages? When LFCs go public, this opacity frustrates public investors’ …
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Senior Honors Theses
This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Undergraduate Honors Thesis Projects
This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …