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Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson 2018 Seattle University School of Law

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal ...


Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy 2018 Seattle University School of Law

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Seattle University Law Review

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent ...


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School of Law 2018 Providence Journal

Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown 2018 Liberty University

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Liberty University Journal of Undergraduate Research

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative ...


Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth

Nevada Supreme Court Summaries

The Court determined that (1) an employee’s injuries that originate before entering the workplace but are aggravated due to an employer’s failure to provide timely medical assistance arise out of and in the course of employment; and (2) that employees’ recovery against their employers for such injuries are confined to the exclusive remedies for workers’ compensation under the Nevada Industrial Insurance Act (NIIA).


A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch 2018 Seattle University School of Law

A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch

Seattle University Law Review

The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this ...


"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman 2018 Seattle University School of Law

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used ...


The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill 2018 Seattle University School of Law

The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill

Seattle University Law Review

The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally ...


No.44 - September 2018, Center of Civil Law Studies 2018 Louisiana State University Law Center

No.44 - September 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School of Law 2018 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


The Legal Foundations Of White Supremacy, Erika Wilson 2018 University of North Carolina at Chapel Hill

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.


Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan

Law School Blogs

No abstract provided.


Coles (Brent) V. Bisbee, 134 Nev. Adv. Op. No. 62. (Aug. 2, 2018), Tamara Cannella 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Coles (Brent) V. Bisbee, 134 Nev. Adv. Op. No. 62. (Aug. 2, 2018), Tamara Cannella

Nevada Supreme Court Summaries

The Court held that the use of the Static-99R assessment conforms with the assessment requirements under NRS 213.1214. It additionally determined that modifications to parole procedures do not constitute an ex post facto violation unless the changes create a significant risk of prolonging an inmate’s incarceration.


Nev. Recycling & Salvage V. Reno Disposal, 134 Nev. Adv. Op. 55 (Aug. 2, 2018) (En Banc), Carmen Gilbert 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Nev. Recycling & Salvage V. Reno Disposal, 134 Nev. Adv. Op. 55 (Aug. 2, 2018) (En Banc), Carmen Gilbert

Nevada Supreme Court Summaries

The Court affirmed the district court’s grant of summary judgment in favor of respondents, holding that appellants lacked standing to bring an antitrust claim because they were unable to show that they suffered any injuries.


A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper 2018 University of Nebraska Medical Center

A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper

Service Learning/Capstone Experience

This research study was completed at Legal Aid of Nebraska’s Health, Education, and Law Project through the partnership it has formed working with Nebraska Medicine and Iowa Legal Aid. Traditionally, health and disease have always been viewed exclusively as "healthcare" issues. But with healthcare consistently growing towards holistic approaches to help patients, we now know there are deeper, structural conditions of society that can act as strong driving forces of a person's poor daily living conditions that can negatively impact health. The importance of a Medical-Legal Partnership is that it considers a patient's social determinants of health ...


Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas 2018 St. Mary's University

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo 2018 St. Mary's University School of Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus 2018 The University of Southern Mississippi

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main ...


West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd

Nevada Supreme Court Summaries

The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners association (HOA) fails to serve the Notice of Default (NOD) to the recorded beneficiary of the deed of trust and (2) that recorded beneficiary’s successor in interest is unable to demonstrate how it was prejudiced or injured by the defective notice to their predecessor in interest. Further, a HOA does not lose standing to foreclose on a property when it enters into a factoring agreement that does not change the relationship between debtor and lender.


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