Digital Commons Network^™

Governmental And Semi-Governmental Federal Charitable Entities, Ellen P. Aprill

UC Law Journal

The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous federal agencies have statutory authority to receive tax-deductible charitable deductions. Their ability to do so, however, undermines the oversight accomplished through the constitutionally mandated appropriations process. Congress has also created many nonprofit tax-exempt organizations. These entities enjoy flexibility as to fundraising, investment, and spending that government agencies lack. However, they avoid the accountability that various federal statutes impose on government agencies, on the one hand, and that state nonprofit laws accomplish for private nonprofit organizations, on …

J Mich Dent Assoc August 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on new dentist’s perceptions of professionalism.
• A feature on legal considerations when addressing employee wellness.
• A feature on the meaning of wellness by ADA Trustee Dr. Brett Kessler.
• Practice guidance on conducting a HIPAA security risk analysis.
• Commentary “The New Golden Age of Dentistry.”
• Editorial and regular department articles on MDA Foundation …

Volume 107, Number 2 (2023)

Judicature

No abstract provided.

Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit

University Honors Theses

On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

Comparative Analysis Of How Emerging Arbitration Hubs Like South Korea And The U.A.E. Compete For Dominance In The International Arena, Olha “Olia” Kaliuzhna

Georgia Journal of International & Comparative Law

No abstract provided.

Clinical Programs Newsletter

Clinical Program Newsletter

In this issue:

• Updates from the Rural Practice Clinic
• Youth Justice Clinic expands its reach
• Student-led workshops for asylum seekers in Maine
• Providing legal aid at the U.S.-Mexico Border
• Continuing in-person legal aid visits at Maine Correctional Center

Germaneness And Religious Liberty, Michael P. Moreland

Notre Dame Law Review Reflection

One problem posed by a symposium on the doctrine of unconstitutional conditions and religious liberty is that it turns out there is not much actual doctrine in the area. The leading law and religion casebook contains only three references—each a passing mention—to unconstitutional conditions, characterizing Sherbert v. Verner as an unconstitutional conditions case and noting the relevance of unconstitutional conditions to the recent Trinity Lutheran Church of Columbia, Inc. v. Comer to Carson v. Makin line of funding cases. And so while the issue of unconstitutional conditions has been a topic in constitutional law more generally and is widely regarded …

How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy

Journal of Dispute Resolution

Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts …

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

Articles

The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …

Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno

South Carolina Law Review

No abstract provided.

Three Strategies For Improving Access To Civil Legal Assistance In South Carolina, Elizabeth Chambliss

South Carolina Law Review

No abstract provided.

Ethics, Lawyering, And Regulation In A Time Of Great Change: Field Notes From The (R)Evolution, Lucian T. Pera

South Carolina Law Review

No abstract provided.

The Right To (Human) Counsel: Real Responsibility For Artificial Intelligence, Keith Swisher

South Carolina Law Review

No abstract provided.

Navigating Rough Waters: Empowering Law Students To Act As Navigators For The Unrepresented, Alicia M. Forehand

South Carolina Law Review

No abstract provided.

A Behavioral Economics Analysis Of Will Making Preferences: When To Begin And Who Should Have The Most Input, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Uwe Dulleck

Elisabeth Haub School of Law Faculty Publications

The global COVID-19 pandemic has highlighted the need to plan for death, including the transmission of property through a valid will. Surprisingly little is known, however, about when people tend to make wills, how they go about doing so, and whether those practices vary from jurisdiction to jurisdiction. To begin building a foundation of knowledge, a research team comprised of United States and Australian lawyers and economists recently conducted the first-ever behavioral economics empirical study exploring these questions. This Article reports the results of the team's survey of both members of the Australian general public and estate planning lawyers in …

The Irrationality Of Child Support Enforcement In The United States: Harming Children And Punishing The Poor, Hannah Pitcher

Indiana Journal of Law and Social Equality

No abstract provided.

Solutions For Heirs Property Owners, Jesse J. Richardson Jr., Amber S. Miller

Law Faculty Scholarship

What are some solutions for heirs property owners? An offered solution assumes that there is a problem, and the first step must be clearly defining the problem. But, as the authors explain, the term "heirs property" proves difficult to define because of the vast number and scope of heirs property scenarios. Stated very simply, the term refers to a subset of tenancy in common property where the owners received concurrent interests in land through inheritance. But, heirs property is anything but simple. In fact, it is quite complex, beginning with the ownership picture of heirs property tracts of land: the …

Through The Looking Glass: Professional Responsibility, The Public Interest, And The Future Of Legal Ethics And Lawyer Regulation In The United States: Speech: Welcome And Opening Remarks, William C. Hubbard

South Carolina Law Review

No abstract provided.

Delegalization, Lauren Sudeall

Vanderbilt Law School Faculty Publications

The lack of resources available to assist low-income litigants as they navigate the legal system has been widely documented. In the civil context- where a majority of cases involve eviction, debt collection, and family matters--various solutions have been offered to address the problem. These include expanding the civil right to counsel; increasing funding for civil legal aid; providing for greater availability and accessibility of self-help services; adopting a more flexible approach to the provision of legal services (including, for example, unbundled and limited legal services options); scaling back unauthorized-practice-of-law regulation and allowing for higher utilization of other service providers; and …

Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander

Vanderbilt Law School Faculty Publications

Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.

This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …

Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok

Journal of Dispute Resolution

The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …

Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.

Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.

Parallel Play: The Simultaneous Professional Responsibility Campaigns Against Unethical Ip Practitioners By The United States And China, Mark A. Cohen

Akron Law Review

“Parallel Play: The Simultaneous Professional Responsibility Campaigns Against IP Practitioners by the United States and China” describes efforts by the United States Patent and Trademark Office and the China National IP Administration to discipline trademark and patent practitioners through contemporaneous campaign-style approach directed to bad faith filings. At the USPTO, many of these bad faith filings have originated from China. In both countries, these bad faith activities have imposed significant burdens on IP agencies, the courts, and legitimate rights holders. The campaign is likely the largest professional responsibility campaign undertaken by an IP agency, and the largest cross-border IP disciplinary …

Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola

St. John's Law Review

(Excerpt)

On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …

Family Needs, Family Leave In 2023, Katharine Silbaugh

Seton Hall Law Review

No abstract provided.

Session 1a: Innovation In The Delivery Of Legal Services And Access To Justice, Vikktoria

SITIE Symposiums

In session one, Walid Romaya and Tabrez Ebrahim, co-founders of Vikktoria, discuss their company and its contributions to improving access to justice. With a dual focus on achieving a broader access to justice and in providing matchmaking services for legal professionals looking for a larger client base, Vikktoria aims to disrupt the legal services industry through its mobile app. Based in California, Vikktoria has begun to expand to various metro areas around the country and hopes to provide broader access to justice by giving those with little to no legal knowledge an easy way to find a local attorney, book …

Introduction, Steven Bender

SITIE Symposiums

No abstract provided.

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal (1991 - )

No abstract provided.

2022-2023 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The 2022-2023 Annual Report of The Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo Law School highlights key events, the Heyman Scholars Program, and the diverse curriculum offerings. Featuring insights from industry experts and faculty, the report showcases the Center's commitment to excellence in business and corporate law education.