Law Commons^™

Prosecuting Poverty, Criminalizing Care, Wendy A. Bach

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In 2013, state legislators sitting at the heart of America’s opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to opiates. This extraordinary supposition—that criminalizing conduct creates a road to care—is an outgrowth of three interlinked socio-legal trends: the building of the carceral state, the criminalization of poverty, and the rapid growth, since the late 1980s, of a new generation of problem-solving courts. Framed in this …

Crime Follies: Overcriminalization, Independent Prosecutors, And The Rule Of Law, Glenn Harlan Reynolds

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This chapter from Peter W. Morgan & Glenn H. Reynolds, "The Appearance of Impropriety: How The Ethics Wars Have Undermined American Government, Business, and Society" describes how the combination of politically inspired prosecutions and indeterminate criminal offenses has served to undermine fairness and faith in government.

Excerpt: "In the old days, we would refrain from ringing up the cops until after there was fairly clear evidence of a crime, such as Professor Plum lying in a pool of blood in the conservatory. Off everyone would go looking for clues, with the concrete fact of Professor Plum's corpse to focus their …

Minimizing And Addressing Microaggressions In The Workplace: Be Proactive, Part Two, Shamika Dalton

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No abstract provided.

Lawclinics@50: 50 Years Of Clinical Legal Education At Georgia Law, Alex Scherr

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Director of the Veterans Legal Clinic Alex Scherr penned this blog post announcing the LawClinics@50 celebration plans as well as the collaboration with the Georgia Law Review Online platform and sharing the first in a series of articles related to the fiftieth anniversary of legal clinical education at the School of Law.

50 Years Of Clinical And Experiential Learning At Georgia Law, Eleanor Lanier

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This note serves as an introduction of the partnership between the Georgia Law Review Online Platform and the School of Law's Clinical Programs and Experiential Learning faculty to celebrate the fiftieth anniversary of clinical legal education at the University of Georgia's law school. It provides a brief history of the program beginnings in 1967 and discusses the program expansions to present which reached a total of 18 different options when the note was published.

Minimizing And Addressing Implicit Bias In The Workplace: Be Proactive, Part One, Shamika Dalton

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Librarians and information professionals cannot hide from bias: a prejudice for or against something, someone, or a group. As human beings, we all have biases. However, implicit biases are ones that affect us in an unconscious manner. Awareness of our implicit biases, and how they can affect our colleagues and work environment, is critical to promoting an inclusive work environment. Part one of this two-part article series will focus on implicit bias: what is implicit bias, how these biases affect the work environment, and best practices for reducing these biases within recruitment, hiring, and retention in the library workplace.

The Politics Of Selecting Chevron Deference, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker

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In this article, we examine an important threshold question in judicial behavior and administrative law: When do federal circuit courts decide to use the Chevron deference framework and when do they select a framework that is less deferential to the administrative agency's statutory interpretation? The question is important because the purpose of Chevron deference is to give agencies-not judges-policy-making space within statutory interpretation. We expect, nonetheless, that whether to invoke the Chevron framework is largely driven by political dynamics, with judges adopting a less deferential standard when their political preferences do not align with the agency's decision. To provide insight, …

New York Leads From The Middle: Crowdsourcing The Bar Exam Cut Score, Joan W. Howarth

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In this article, Prof. Howarth urges states to move to a uniform cut score on the Multistate Bar Exam (MBE) through the use of crowdsourcing.

Unregulated Charity, Eric Franklin Amarante

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The vast majority of charities in the United States operate in a regulatory blind spot: they are neither meaningfully evaluated when they apply for charitable status nor substantively monitored after they receive charitable status. Driven by severe budget constraints, the IRS decided to essentially ignore any charity that claims it will realize less than $50,000 in annual gross receipts. From a practical perspective, the IRS’s decision makes sense. To the extent smaller charities are less likely to cause harm, it is reasonable (perhaps even preferable) to subject them to less scrutiny. This type of prioritization, known as risk-based regulation, has …

The Rise Of Market Urbanism, Michael Lewyn

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Compares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations.

The Opioid Epidemic: Regulation, Responsibility, And Remedies, Isaac ("Zack") D. Buck

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No abstract provided.

Time Is Money: Technology Can Help You Create More Of Both, Benjamin H. Barton

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No abstract provided.

Rebooting Justice: Odr Is Disrupting The Judicial System, Benjamin H. Barton

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No abstract provided.

Publishing Basics: How To Get Started & Where To Begin, Shamika Dalton

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No abstract provided.

Diversity Dialogues: Navigating Law Librarianship While Black: A Week In The Life Of A Black Female Law Librarian, Shamika Dalton

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No abstract provided.

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon

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No abstract provided.

Retaliation Backlash, Alex B. Long

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No abstract provided.

Let's Not Give Up On Traditional For-Profit Corporations For Sustainable Social Enterprise, Joan Macleod Heminway

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The past ten years have witnessed the birth of (among other legal business forms) the low-profit limited liability company (commonly known as the L3C), the social purpose corporation, and the benefit corporation. The benefit corporation has become a legal form of entity in over 30 states. The significant number of state legislative adoptions of new social enterprise forms of entity indicates that policy makers believe these alternative forms of entity serve a purpose (whether legal or extra legal).

The rise of specialty forms of entity for social enterprise, however, calls into question, for many, the continuing role of the traditional …

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

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No abstract provided.

Professional Responsibility Pitfalls: Often But Not Always Apparent, Jeffrey W. Stempel

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No abstract provided.

Access To Justice And Routine Legal Services: New Technologies Meet Bar Regulators, Benjamin H. Barton

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We are in the early stages of a technological revolution in legal services. Technology is displacing lawyers in a wide array of tasks such as document drafting, review, and assembly, and is also reshaping the way that lawyers find clients and deliver assistance. For most consumers, these are welcome developments. Such innovations generally reduce costs and increase both accessibility and efficiency. The potential gains are particularly great for low- and middle-income consumers, who lack access for a vast array of basic, often urgent, legal needs. Yet for lawyers, the consequences of technology have been more mixed. Many feel that their …

Silencing Discipline In Legal Education, Lucille Jewel

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In current times, the production of critical legal knowledge has become constrained by a neoliberal education mindset that emphasizes economic performance and measured outcomes over critical thought. In this essay, I argue that academic freedom, in the sense of being free to speak, write, and teach critical knowledge, both in the intellectual sense and in the law practice sense, is being eroded. And, I urge my critically minded colleagues that are traditional law scholars (tenure-track or tenured) to consider the circumstances of law teachers who currently do not have the protections of tenure but who generate valuable knowledge, particularly in …

The Treatment Of Corporations And Partnerships Under The Tcja, Don Leatherman

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No abstract provided.

The Unsung Latino Entrepreneurs Of Appalachia, Eric Franklin Amarante

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The story of Latinos in Appalachia, when told, is dominated by the plight of migrant workers drawn to meat processing factories or agricultural work, with very little attention paid to Latino. entrepreneurship in Appalachia. However, the first generation of migrant workers inspired a surprising collateral entrepreneurial effect: a raft of small businesses owned by (and focused on) the new Latino population surged into small town Appalachia. These businesses, which include restaurants, tiendas, pastelerias, and tortillerias, not only serve the growing Latino population, but also have a tremendously positive effect on local and state economies. These businesses hire employees, rent previously …

Tribute To Spenser F. Powell, John Sobieski

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No abstract provided.

Managing Medicaid, Isaac ("Zack") D. Buck

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In a steady but rapid march, managed care has come to Medicaid. Privatization has undoubtedly rebuilt the Medicaid landscape across America over the last three decades. Now, as managed care programs administer health care to three-in-four Medicaid beneficiaries nationwide, whether or not managed care is adequately managing America’s largest public insurance program has become an increasingly important question.

Of particular note have been states’ difficulties in constructing and organizing the bidding and selection processes of the private companies tasked with overseeing the administration of private Medicaid plans. Legal challenges to various states’ bid procurement processes have been well documented. These …

Three Pioneers: New Ideas For Private Law Practice, Benjamin H. Barton

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No abstract provided.

The Future Of Law Practice: Fresh Models Of Lawyering, Technologies And Business, Benjamin H. Barton

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No abstract provided.

Splitsylvania: State Secession And What To Do About It, Glenn Harlan Reynolds

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This short piece looks at the growing phenomenon of intra-state secession movements. From California, where plans have been floated to split the state into two, five, or six pieces, to more traditional secessionist movements in Eastern Oregon and Eastern Washington, to plans to separate upstate New York and downstate Illinois from the large metropolitan areas that dominate state politics, various states are facing internal separatist movements. The paper looks at the sources of the dissatisfaction driving these movements, and suggests a number of solutions to address that dissatisfaction without amending the Constitution or adding stars to the flag.

What We Talk About When We Talk About Shareholder Wealth Maximization, Eric Franklin Amarante

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Professor Stefan Padfield’s The Role of Corporate Personality Theory in Opting Out of Shareholder Wealth Maximization proposes a novel approach to the ongoing shareholder wealth maximization debate. Specifically, Padfield posits that an exploration of corporate personality theory might provide some clarity on the ability of for-profit corporations to privately order around the shareholder wealth maximization norm. Ultimately, Padfield argues that certain corporate personality theories support private ordering around the shareholder wealth maximization norm while others do not. Because of the varying levels of support, Padfield argues that a participant in the shareholder wealth maximization debate would be wise to incorporate …