Digital Commons Network^™

Modern Diploma Privilege: A Path Rather Than A Gate, Catherine Martin Christopher

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Article proposes a modern diploma privilege—a licensure framework that allows state licensure authorities to identify what competencies are expected of first-year attorneys, then partner with law schools to assess those competencies. Freed from the format and timing of a bar exam, schools can assess a broader range of competencies over longer time horizons. This will allow the development of law school curricula aimed at preparing students to assist clients rather than to pass the bar exam. The modern diploma privilege is structured as an ongoing partnership between licensure authorities and schools, which means that changes can be easily made …

Client-Centered Legal Education And Licensing, Deborah Jones Merritt

Minnesota Law Review Vols. 106:2 onward (2021-present)

Clients are central to law practice, yet they play a limited role in both legal education and licensing. This article challenges legal educators and bar examiners to become more client-centered. The article draws upon empirical data demonstrating the importance of client-related, hands-on skills in law practice, and then outlines innovative approaches to licensing that would assess those skills alongside other foundational knowledge and skills. If adopted, these innovative licensing paths would treat aspiring lawyers fairly, encourage law schools to focus more heavily on client-related skills, and protect the public more effectively than written bar exams.

Actually, You Don’T Have To Show Your Work: The Arkansas Court Of Appeals Tells Trial Courts That When They Award Attorneys’ Fees In Domestic Relations Cases, They Need Not Explain The Basis For The Awards Or The Basis For The Amount Of The Awards, Terrence Cain

University of Arkansas at Little Rock Law Review

Arkansas follows the “American Rule,” which is that each litigant is responsible for his or her own attorneys’ fees unless a statute says otherwise. This rule is not without exceptions, however, and one such exception is the “domestic relations exception,” which says that Arkansas’s trial courts have the inherent authority to award attorneys’ fees in domestic relations cases. Between 2016 and 2021, the Arkansas Court of Appeals decided cases with attorneys’ fees awards ranging from $14,190 to $36,284.60, which one judge of that court remarked evidenced an ever-escalating amount of fee awards in domestic relations cases.

At one point, when …

"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …

The Next Gerneration Professional: An Opportunity To Reframe Legal Education To Center Student Wellness, Benjamin Afton Cavanaugh

Hofstra Law Review

The article discusses the challenges of mental wellness and mental health in legal education, particularly in law schools. It highlights issues like depression, anxiety, and stress among students and legal professionals. It emphasizes the need for reform in legal education to address these mental health concerns and advocates for a more comprehensive approach to promote well-being in the field.

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Why Are These Justices Using The Shadow Docket More Than Past Justices?, Benjamin H. Barton

Nevada Law Journal

No abstract provided.

Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson

Alaska Law Review

Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …

Medical-Legal Partnership As A Model For Access To Justice, Yael Cannon

Georgetown Law Faculty Publications and Other Works

The United States is plagued with a “justice gap” that leaves many Americans with unmet civil legal needs. Americans with low income do not receive the legal help they require for as many as 92% of their substantive civil legal problems. The justice gap requires many legal aid agencies to triage, becoming “emergency rooms” for clients with unmet legal needs. This national crisis calls for new innovations so that access to justice (A2J) can function more like primary care, promoting better use of resources and preventing legal crises that can cause long-lasting harm.

Medical-Legal Partnerships (MLPs) embed lawyers in healthcare …

#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray

Global Business Law Review

This note examines the Supreme Court’s substantial need to weigh in on how filter teams should be used given current circuit splits and identifies several best practices to remedy the issues they currently present. Part I discusses the principal issues for which filter teams are scrutinized. Namely, numerous district courts hold that filter teams provide the government with the unfair advantage of determining which materials from their opposing counsel are privileged. This often leads to an overly broad inclusion of privileged documents, which can violate defendants’ Sixth Amendment rights to a fair and complete trial. Some courts even go so …

Ndls Communicator: Week Of 05.30.22, Notre Dame Law School

NDLS Communicator

The Latest News

• G. Marcus Cole reappointed as dean of Notre Dame Law School
• Paolo Carozza receives ND faculty award
• Becket Fund for Religious Liberty presents ND Law Dean G. Marcus Cole with 2023 Legal Service Award
• ND Law to hold third annual Notre Dame Religious Liberty Summit in London
• UK House of Lords member David Alton to receive 2023 Notre Dame Prize for Religious Liberty
• Conference in Chile explores religious liberty and educational pluralism in Latin America and the Caribbean
• Professor Marah Stith McLeod holds criminal law workshop at Notre Dame’s Kylemore Abbey
• Program on Church, State & Society …

Natural Law, Assumptions, And Humility, Ezra Rosser

Texas A&M Journal of Property Law

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties …

Natural Law, Assumptions, And Humility, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties and …

Becket Fund For Religious Liberty Presents Nd Law Dean G. Marcus Cole With 2023 Legal Service Award, Notre Dame Law School

2019–Present: G. Marcus Cole

The Becket Fund for Religious Liberty presented its 2023 Legal Service Award to Notre Dame Law School Dean G. Marcus Cole on Thursday, May 25, at Becket’s annual gala in New York City.

Becket selected Dean Cole to receive the award in recognition of his trailblazing expansion of the clinic concept in launching Notre Dame Law School’s Religious Liberty Initiative.

Perma.cc

Kekosongan Hukum Acara Dan Krisis Access To Justice Dalam Kasus-Kasus Pemberhentian Kepala Daerah/Wakil Kepala Daerah Di Indonesia, Arasy Pradana Azis

Jurnal Hukum & Pembangunan

Law Number 23 Year 2014 on Regional Government (Law No. 23/2014) provides that the Regional Head or Deputy Regional Head may be dismissed in the middle of his term by certain reasons. The law also regulates a strict process, including the involment of the Supreme Court (MA) in it. MA provides a judicial test of the opinion of the Regional House of Representatives (DPRD) as the initiator of the dismissal processl. The involvement of the Supreme Court is a consequence of the strengthening of the legitimacy of the Head of Region/Deputy Head of Region, which is now elected directly by …

66th University Of San Diego School Of Law Commencement Program, 2023, University Of San Diego School Of Law

Commencement Programs

No abstract provided.

Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, Eva Gonzalez

Themis: Research Journal of Justice Studies and Forensic Science

The value of Family Resource Centers in communities is examined in this research paper, with a focus on legal advocacy in undocumented communities. To begin, do Family Resource Centers provide sufficient resources to the undocumented population? By 2022, there will be over 3,000 FRCs in 30 states, serving over 2 million people per year. Second, how can the Family Resource Center best support Valley Palms' undocumented population? Finally, do Family Resource Centers play an important role in community development? These are some of the questions that helped lead the research when it came down to semi-structured interviews with employees from …

The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar

Master's Theses

Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …

2022 Annual Report, University Of Maine School Of Law

Clinic Annual Report

• PROGRAM OVERVIEW 4
• 2022 AT A GLANCE 5
• GENERAL PRACTICE CLINIC 7
• PRISONER ASSISTANCE CLINIC 8
• YOUTH JUSTICE CLINIC 10
• CENTER FOR YOUTH POLICY & LAW 11
• REFUGEE AND HUMAN RIGHTS CLINIC 12
• PROTECTION FROM ABUSE PROGRAM 14
• CLINIC STAFFING 15

Chilling Climate Change Disclosure: The Enabling Role Of Corporate Counsel In Management Misstatements Of Esg Matters, J. Robert Brown, Jr., Eli Wald

DePaul Law Review

No abstract provided.

Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones

Cleveland State Law Review

This Article proposes expanding the legal academy’s role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature’s discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this …

The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux

Senior Honors Papers / Undergraduate Theses

The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6^th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …

Blue Water Navy Veterans And The Agent Orange Rulings: A Lifeboat For The Veterans; A Storm Warning For The Vba, Jennifer Howley

Catholic University Law Review

Agent Orange was a herbicidal chemical used by the U.S. military for tactical use during the Vietnam War. Although initially told by the government not to worry about exposure to the chemical, veterans, their wives, and their offspring began having severe health and reproductive issues. In the early 1990’s, Congress passed the Agent Orange Act and the government directed the Institute of Medicine to report on the health effects of Agent Orange. Through this approach, Vietnam Veterans could claim benefits for illnesses listed in connection with Agent Orange. But only some Vietnam Veterans.

Initially, only veterans who served on-shore or …

Toward Justice Epidemiology: Outlining An Approach For Person-Centred Access To Justice, Andrew Pilliar

Dalhousie Law Journal

The COVID-19 pandemic has brought widespread public attention to the fields of epidemiology and public health. These fields share a common commitment to the systematic study of disease across populations, with goals of better understanding, preventing, and treating adverse health events. They are empirical, evidence-based, and person-centred. This paper draws on the histories, norms, and methodologies of public health and epidemiology to construct a novel field of study: justice epidemiology. In recent years, a growing body of unmet legal needs research in Canada and elsewhere has demonstrated that justiciable events are likely ubiquitous, but also that these events tend to …

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …

Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey

Helm's School of Government Conference - 2021-2024

No abstract provided.

The New Judicial Governance: Courts, Data, And The Future Of Civil Justice, David Freeman Engstrom, Rj Vogt

DePaul Law Review

No abstract provided.

Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott

Law & Economics Working Papers

In a few short years, court-connected ODR has shown itself capable of dramatically improving access to justice by reducing or eliminating barriers rooted in the simple fact that courts have traditionally offered dispute resolution services only during certain hours, only in particular physical places, and primarily through traditional face-to-face proceedings. Given the monopoly that courthouses have long had on resolving many legal issues, too many Americans have discovered their rights are simply too difficult or costly to exercise. As court-connected ODR systems spread, offering new types of dispute resolution services everywhere and often at any time, people will soon find …

A Business Doing Pleasure: Combating Sex Trafficking By Decriminalizing Sex Work, Annalise Leonelli

Journal of Civil Rights and Economic Development

(Excerpt)

On the night police officers pounded on Yang Song’s door, she ran to the balcony of her fourth-floor apartment, which overlooks 40th Road in Flushing, Queens. Four years earlier, she had arrived at John F. Kennedy Airport with a dream of opening a restaurant. After a waitressing job failed, as well as a short-lived Chinese fast-food venture, she took a massage therapy course. There, she learned about a “lucrative opportunity” on 40th Road.

Flushing’s underground sex economy has been notorious for years. In fact, massage parlor arrests across the United States consistently lead back to addresses in Flushing. Because …

Conceptualising Rural Access To Justice As Supply Chains Primed For Transformation, Hannah Haksgaard, Amanda Kool

Faculty Publications

This chapter is shared with express permission of Bloomsbury Academic. The full book is available at: https://www.bloomsbury.com/us/access-to-justice-in-rural-communities-9781509951642/ The justice gap persists in many rural parts of the world due to a confluence of economic, cultural, and professional factors at play throughout the justice system and society at large. This justice gap means that people in rural areas experience institutions of justice – including access to lawyers and other legal advice – differently than people in urban areas. Travel, distance, the rural lawyer shortage, and other factors create this difference. No single factor or institution can be blamed for the rural …