Law Commons^™

Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss

Faculty Publications

The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …

Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri

Faculty of Law, Humanities and the Arts - Papers (Archive)

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organisation as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancients times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime …

The Legal Aspects Of Connectivity Conservation: Case Studies, Malcolm Farrier, Melissa Harvey, Solange Teles Da Silva, Marcia D. Leuzinger, Jonathan Verschuuren, Mariya Gromilova, Arie Trouwborst, Alexander R. Paterson

Faculty of Law, Humanities and the Arts - Papers (Archive)

This publication follows on from Volume I in the series on legal aspects of connectivity conservation. It provides five case studies that continue to define and develop connectivity conservation law for supporting protected areas and for providing opportunities to address climate change as part of biodiversity conservation agendas. Volumes I and II together aim to advance conceptual thinking and legal understanding about important law and policy tools and options for supporting the connectivity of protected area systems. The legal research and analyses reflected in these papers span international, regional, national and local levels. A range of legal instruments existing in …

The Legal Aspects Of Connectivity Conservation: A Concept Paper, Barbara Lausche, Malcolm Farrier, Jonathan Verschuuren, Antonio G. M La Vina, Arie Trouwborst

Faculty of Law, Humanities and the Arts - Papers (Archive)

This publication aims to advance conceptual thinking and legal understanding about important law and policy tools and options for supporting the connectivity of protected area systems. The legal research and analyses reflected in this paper span international, regional, national and local levels. A range of legal instruments existing in most national legal systems, from conservation and sustainable use laws to land use planning, development control, voluntary conservation and economic instruments are explored. The paper is intended to offer concrete ideas of existing and potential legal tools and approaches that countries can use immediately to initiate priority connectivity conservation actions and …

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

Interest in Japanese popular culture, particularly young people’s engagement with manga and animation, is widely acknowledged to be a driving factor in recruitment to undergraduate Japanese language and studies courses at universities around the world. Contemporary students live in a convergent media culture where they often occupy multiple roles as fans, students and ‘produsers’ of Japanese cultural content. Students’ easy access to and manipulation of Japanese cultural content through sites that offer ‘scanlation’ and ‘fansubbing’ services as well as sites that enable the production and dissemination of dōjin works raise a number of ethical and legal issues, not least infringement …

Camera Journalism - Ethical And Legal Hazards, David Blackall

Faculty of Law, Humanities and the Arts - Papers (Archive)

There are many legal and ethical obstacles that film-based journalists must consider before moving their product to completion.

Sometimes restraint on broadcast is beyond the control of producers, when a program is restrained unexpectedly due to the likelihood of it prejudicing court proceedings. While producers have no control over suppression orders, disastrous outcomes can be minimised and the chance of legal action decreased, through ongoing dialogue and informed consent with camera subjects. Where a situation justifies reduced informed consent, or when deceit is overwhelmingly in the public interest, producers need an ethical forum, an ethics committee, to discuss and document …

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Law Faculty Scholarly Articles

This Article will explore the power struggle that Medicaid invites and its potential elevation due to the pressures that will follow the Patient Protection and Affordable Care Act’s (ACA) expansion. Part I of this Article will describe the three phases of private enforcement litigation and how they have affected Medicaid reimbursement rates. This Part also will highlight the deceptive stability that has taken root in the lower federal courts by describing the recent state attempts to end private enforcement actions. The first Part will conclude by briefly considering the nature of the federalism arguments that states are making. Part II …

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Law Faculty Scholarly Articles

Until the 2011 Term, no Supreme Court decision since the New Deal had struck down an act of Congress as exceeding the federal spending power. The question of unconstitutionally coercive conditions was also novel. Indeed, no federal court had ever found any legislation to be an unconstitutionally coercive exercise of the spending power until the Court decided National Federation of Independent Business v. Sebelius (NFIB) on June 28, 2012. This Article proceeds as follows: Part I discusses the Affordable Care Act's Medicaid expansion in the context of the history and purpose of the Medicaid Act, paying particular attention to facts …