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Articles 121 - 126 of 126
Full-Text Articles in Law
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Scholarly Works
Judicial decision-making is not a neutral and logical enterprise that involves applying clear rules to agreed-upon facts. Legal educators can and should help students learn more about how judges actually go about making their decisions. The study of re-imagined judicial decisions, such as the alternative judgments from various Feminist Judgments Projects, can enrich the study of law in multiple ways. First, seeing a written decision that differs from the original can help students think “outside the box” constructed by the original opinion by showing them a concrete example of another perspective written in judicial language. Second, the rewritten judgments show …
Legal Analytics, Social Science, And Legal Fees: Reimagining "Legal Spend" Decisions In An Evolving Industry, Nancy B. Rapoport, Joseph R. Tiano Jr.
Legal Analytics, Social Science, And Legal Fees: Reimagining "Legal Spend" Decisions In An Evolving Industry, Nancy B. Rapoport, Joseph R. Tiano Jr.
Scholarly Works
This article discusses how legal analytics can help law firms and clients understand, monitor, and improve the components that comprise bills for legal fees and expenses.
Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino
Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino
Scholarly Works
This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …
Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.
Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.
Scholarly Works
This paper discusses the advantages that law firms can get by using legal analytics (big data) to analyze how they do their work for their clients (and how their clients can benefit as well). We discuss the external forces that are reshaping the economics of today’s legal industry; the types of decisions, in determining how best to represent a client in a given matter, that tend to drive up costs; the possible reasons for those decisions; how law firms can use data-analytics tools to examine their own choices; and the benefits that stem from a data-driven analysis of those choices.
Protecting Auto Accident Victims From The Um/Uim Insurer Identity Crisis, Jeffrey W. Stempel, Erik S. Knutsen
Protecting Auto Accident Victims From The Um/Uim Insurer Identity Crisis, Jeffrey W. Stempel, Erik S. Knutsen
Scholarly Works
Automobile liability insurance is mandatory for drivers in all states, so as to provide for an available source of compensation for auto accident victims. Yet more than 20% of drivers in some states drive without valid, collectible automobile liability insurance. Another vast proportion of drivers have woefully inadequate financial limits of liability insurance that could not pay for even a modest percentage of a typical accident victim's compensatory needs. An auto accident victim cannot choose which tortfeasor driver injures her in a collision. Without the at-fault tortfeasor driver's liability insurance to act as a source of full compensation for her …
Schools As Training Grounds For Harassment, Ann C. Mcginley
Schools As Training Grounds For Harassment, Ann C. Mcginley
Scholarly Works
This article deals with the schools’ role in permitting and encouraging peer sex- and gender-based harassment of children and the law’s role in failing to hold schools accountable for their negligent and intentional behavior in sanctioning it. Part I discusses the evidence of rampant sex- and gender-based harassment in schools. Part II analyzes the problem through the lens of masculinities theory and explains how cultural notions of masculinity create incentives for boys (and some girls) to engage in peer sex- and gender-based harassment.
Part III analyzes court cases and OCR decisions and explains the serious disconnect between the two; it …