Law Commons^™

Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele M. Stewart

Articles

No abstract provided.

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

Articles

Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in …

Evidence Supporting The Value Of Surgical Procedures: Can We Do Better?, Christopher Robertson, Jonathan Darrow, Willard S. Kasoff

Faculty Scholarship

There is an acknowledged need for higher-quality evidence to quantify the benefit of surgical procedures, yet not enough has been done to improve the evidence base. This lack of evidence can prevent fully informed decision-making, lead to unnecessary or even harmful treatment, and contribute to wasteful expenditures of scare health care resources. Barriers to evidence generation include not only the long-recognized technical difficulties and ethical challenges of conducting randomized surgical trials, but also legal challenges that limit incentives to conduct surgical research as well as market-based challenges that make it difficult for those funding surgical research to recoup investment costs. …

A Poll Tax By Another Name: Considering The Constitutionality Of Conditioning Naturalization And The “Right To Have Rights” On An Ability To Pay, John Harland Giammatteo

Journal Articles

Permanent residents must naturalize to enjoy full access to constitutional rights, particularly the right to vote. However, new regulations from U.S. Citizenship and Immigration Services (USCIS), finalized in early August and originally slated to go into effect one month before the 2020 election, would drastically increase the cost of naturalization, moving it out of reach for many otherwise-qualified permanent residents, while at the same time abolishing any meaningful fee waiver for low-income applicants. In doing so, USCIS has sought to condition naturalization and its attendant rights on an individual’s financial status. In this Essay, I juxtapose the new fee regulations …

Technologies Of Language Meet Ideologies Of Law, Anya Bernstein

Journal Articles

No abstract provided.

California Is On Fire – Firefighters And Prisoners To The Rescue, Cathryn Howell

GGU Law Review Blog

California is burning at a record high rate and has seen unprecedented damage due to the increase of the severity of fires as well as the increase in the duration of fire season. However, many are unaware that inmates have been playing a very important role in mitigating these fires while serving their prison sentences by helping alongside employed firefighters in battling these dangers.

Despite all of the training and first-hand experience, many inmates are unable to become employed firefighters because the California Emergency Medical Services Authority (EMSA) will not issue them an Emergency Medical Technician (EMT) Certificate, which is …

The Pandemic Syllabus, Sarah J. Schendel

Suffolk University Law School Faculty Works

A syllabus is a contract, an introduction, a statement of values, a todo list, a plan. It is often the point of first contact between professor and student, or between student and an area of law. Beyond the technological challenges, for many professors Fall 2020 was also the first-time coming up with a camera policy or amending attendance expectations to consider a pandemic. For some, this is also the first time explicitly engaging in antiracist pedagogy in the classroom or considering practices like trauma informed teaching. This essay offers a practical, “nuts and bolts” walkthrough of promising practices for each …

Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea

Georgetown Law Faculty Publications and Other Works

The US Centers for Disease Control and Prevention (CDC) is the world’s leading public health agency, so admired that whole regions and countries have borrowed its name—in Africa, Europe, even China. In past epidemics, CDC’s expertise was transformative, such as in AIDS, Ebola, Zika, and Influenza H1N1. If there ever were a moment for the CDC to show leadership domestically and globally, it was the COVID-19 pandemic. Yet, the CDC’s stature was diminished—not enhanced—in an administration that not only eschewed science and politically pressured the CDC, but also gave notice of withdrawal from the World Health Organization (WHO), where CDC …

Week Of November 30, 2020 - December 4, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Kilpatrick Townsend & Stockton LLP

Pedagogy Of The Pandemic: A Case Study Of Emergency Remote Education In A Private Higher Education Institution In Egypt, Rania M Rafik Khalil, Shadia Fahim, Wadouda Badran, Hadia Fakhreldin, Maguid Hassan, Hani Ghali, Attia Attia, Sarah Khalil, Hassan Abdelhamid, Yasmine Abdel Moneim, Omar H. Karam

English Language and Literature

COVID19 caught almost every higher education institution off guard. The pandemic interrupted the teaching and learning process and required immediate implementation of emergency remote learning strategies. Teaching pedagogy turned to new ways of thinking about learning. Consequently, both academic staff and students had to adapt without warning to the challenges of teaching with advanced technology from home which was taking the world by storm. Overcoming this challenge in Egypt has been much easier for private universities in comparison to state universities because of the availability of facilities, funding, smaller cohorts and validation by partner western universities. This paper shares reflections …

Overcoming Political Polarization: Federal Funding Of Education Is The Key, Reuven S. Avi-Yonah

Law & Economics Working Papers

The best way of overcoming political polarization in the US (the last two elections were both decided by fewer than 100,000 votes in WI, MI, PA (2016) and WI, AZ, GA (2020)) is to reduce disparities in education. But how can we do that?

The basic problem arises from the US system of funding K-12 education from property taxes. While the picture above refers to college education, it is K-12 education that determines both college admissions and college readiness.

Thus, the only viable solution is a federal solution. As President Nixon proposed in 1972, the United States should adopt an …

White Parents Searching For White Public Schools, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

The New White Flight makes two significant contributions to our understanding of race and education. First, it argues that white parents chose to send their children to segregated, disproportionately white schools. This choice is reflected in white residential preferences for areas where "pricing-out mechanisms" ensure that the local school is disproportionately white. (P. 254.) This racially-motivated choice holds "even when school quality is controlled for, meaning that whites tend to choose predominately white schools even when presented with the choice of a more integrated school that is of good academic quality." (P. 236.) Second, it shows how charter schools give …

Overcoming Political Polarization: Federal Funding Of Education Is The Key, Reuven S. Avi-Yonah

Law & Economics Working Papers

The best way of overcoming political polarization in the US (the last two elections were both decided by fewer than 100,000 votes in WI, MI, PA (2016) and WI, AZ, GA (2020)) is to reduce disparities in education. But how can we do that? The basic problem arises from the US system of funding K-12 education from property taxes. While the picture above refers to college education, it is K-12 education that determines both college admissions and college readiness. Thus, the only viable solution is a federal solution. As President Nixon proposed in 1972, the United States should adopt an …

With Biden’S Win, America, Thankfully, ‘Ain’T What We Was’, F. Michael Higginbotham

All Faculty Scholarship

No abstract provided.

To What Extent Pakistani Citizens Are Enjoying The Right Of Access To Information? An Exploratory Study, Ammara Yousaf, Khalid Mahmood

Library Philosophy and Practice (e-journal)

The purpose of this study was to explore and explain the provision of the right of access to information (RAI), a remarkable development particularly in the field of human rights and information management in Pakistan. This study has two objectives: (1) to track the practice and propensity of public information officers (PIOs) in providing information under the Punjab Transparency and Right to Information Act, 2013; (2) to examine the perceptions of information seekers in retrieving the information under the Punjab Transparency and Right to Information Act, 2013 (PTRIA, 2013). A mixed-method, sequential design with a parallel database variant was used …

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson

Department of Justice Studies Faculty Scholarship and Creative Works

Black women are increasingly targets of mass incarceration and reentry. Black feminist writers call attention to scholars’ need to intersectionalize analyses around how Black women interface with state systems and social institutions. This study foregrounds narratives from Black women to understand their plight while navigating reentry through a phenomenological approach. Through semi-structured interviews, narratives are analyzed using critical frameworks that authentically unearths the lived realities of participants. Themes reveal that for Black mothers, reentry can be just as criminalizing as engaging crime itself. These women face dire consequences around their mothering that induce them into tremendous bouts of trauma. Existing …

Comparison Of The Testamentary Forms Between The Upc And The Chinese Civil Code, Jiang Zhu

CICLR Online

On May 28, 2020, the Civil Code of People’s Republic of China (hereinafter referred to as the “Chinese Civil Code”), one of the most important laws in the Chinese legal system, was passed by the Chinese National Congress and will become effective on the very first day of 2021.

This post was originally published on the Cardozo International & Comparative Law Review website on November 24, 2020. The original post can be accessed via the Archived Link button above.

Cardozo Law News Brief: November 24, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Michelle Greenberg Kobrin
• Michael Herz
• Barbara Kolsun
• Anthony Sebok

Campus News:

• Cardozo Students Compete Virtually in Annual Paulsen Competition
• Students Reflect on At-Home Learning During the Pandemic

Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz

D.C. Council Testimony

No abstract provided.

Critical Issues In Policing Ccj 480, Karen Morse

Library Impact Statements

No abstract provided.

Week Of November 23, 2020 - November 27, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)

Intellectual Property Law – What Happens After The “Vote-From-Home” Election?, Ryan Baal

AELJ Blog

If Biden were to carry on with the Obama administration’s approach to intellectual property law, the America Invents Act of 2013 (AIA) would be the best place to start in analyzing how the president-elect might influence IP law over the coming years. At its core, the AIA transitioned the United States to a first-to-file system and modified the bars to patentability under the patent law statutes.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 23, 2020. The original post can be accessed via the Archived Link button above.

Legal Ethics And Judicial Law Clerks: A New Doctrinal Account, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Judicial law clerks are largely overlooked in the Canadian legal literature. This article provides a new doctrinal account of the ethical obligations of law clerks that is rooted in the fact that at least some of the major work of law clerks constitutes the practice of law—and thus that law clerks’ ethics are lawyers’ ethics. It argues that the lawyer’s duty to encourage respect for the administration of justice transposes some of the ethical obligations of the judge into professional obligations of the law clerk. The article also argues that the law societies’ regulatory and disciplinary jurisdiction over law clerks …

We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer

Popular Media

No abstract provided.

Asylum Ruling Halts Restrictions In New Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Economic Analyses Of Federal Scientific Collections: Methods For Documenting Costs And Benefits, David E. Schindel, Economic Study Group Of The Interagency Working Group On Scientific Collections

Copyright, Fair Use, Scholarly Communication, etc.

Federal object-based scientific collections have been created to serve agency missions and, in a few cases, to comply with legislative and regulatory mandates. “Project collections” (those managed by the researchers who obtained them for restricted use) and their costs and benefits were considered too varied for standard methodologies that assess costs and benefits. In a few cases, departments and agencies are required by legislation or regulations to retain objects in long-term “institutional collections.” In most cases, decisions to retain objects are based on long-term costs relative to the perceived potential for benefits to taxpayers. Federal collections vary in their philosophies …

Albuquerque Journal Interviews Joshua Kastenberg On New Benchmarks For Evidence Rules, Joshua Kastenberg, Isabella Alves

Faculty Scholarship

Joshua Kastenberg, University of New Mexico School of Law professor, said the opinion means eyewitness testimony will have to undergo more corroboration before being allowed into evidence. For example, he said there will also have to be surveillance camera footage or more than one person accurately describing the suspect before eyewitness testimony can be admitted.

Studies over the past three decades show that people are terrible at giving eyewitness testimony on people who are outside their own demographic, Kastenberg said. Police, generally unconsciously, played into that.

Before, federal law put eyewitness credibility in the “lap of the jury,” Kastenberg said. …

Problems With Teaching “Integrative” Negotiation, John Lande

Faculty Blogs

This post responds to Debra Berman’s piece, Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality? My answer is “yes.” Much – perhaps most – negotiation and mediation of civil cases these days in the US involves a counteroffer process where lawyers focus almost exclusively on allocating money based on a zero-sum assumption. So if our courses focus too much on interests-and-options processes, students get a misimpression about the frequency of what happens in the real world. If we don’t prepare them to operate effectively in practice, they will be in for a rude surprise after they graduate. …

The Brief (Edition #3, November 2020), William & Mary Law School

The Brief

No abstract provided.