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Chicken Or Egg: Diversity And Innovation In The Corporate Legal Marketplace, Michele Destefano

Fordham Law Review

Although their bank accounts might suggest otherwise, these are not the best of times for lawyers who work in the corporate legal marketplace. Instead, the trouble with lawyers in the corporate legal marketplace is that they are failing to answer two calls to action made by corporate clients, both of which are of great magnitude and importance for the future of the profession. The first call to action is one that Professor Deborah L. Rhode focused a lot of her scholarship on: the call to enhance diversity, equity, and inclusion (DE&I) in the profession. The second call to action is …

Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons, Benjamin H. Barton

Fordham Law Review

In this Essay, Professor Benjamin H. Barton offers a heartfelt tribute to the late legal scholar, Professor Deborah L. Rhode. Professor Barton reflects on Rhode’s prolific career, which spanned areas including legal ethics, feminism and women in the law, and lawyers as leaders. He also examines Rhode’s later works, which delved into more personal topics such as character, ambition, and legacy. Through personal anecdotes and life lessons, Professor Barton honors Rhode’s legacy as a model academic, mentor, and transformative force in the legal profession.

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Rhode Was Right (About Character And Fitness), Leslie C. Levin

Fordham Law Review

In this Essay, Professor Leslie C. Levin revives Professor Deborah L. Rhode’s forty-year-old critique of the character and fitness process and shows that not much has changed. Levin exposes the process’s core problems, including the lack of public information available about character and fitness decisions, the process’s subjectivity, the disconnect between information sought and future lawyer misconduct, and the deterrent effect on individuals considering a legal career. Levin proposes that task forces reexamine problematic application questions, such as those targeting decriminalized conduct and mental health, and push for more transparency and disclosure.

Advance Care Planning Is Critical To Overall Wellbeing, Barbara Zabawa

Faculty Works

Wellness is growing market in the United States. McKinsey and Company estimates the spend on wellness products and services to exceed $450 billion in the United States and to grow at more than five percent annually.1 Despite this impressive growth, wellness products and services are falling short of meeting many consumers’ wellness needs.2 Those who feel least satisfied with what wellness has to offer yearn for a more holistic approach to wellness, with a need for more products and services that address sleep and mindfulness concerns.3 Arguably at the heart of these more holistic approaches, particularly those …

Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith

Articles

The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …

Gender Violence As A Penalty Of Poverty, Deborah M. Weissman

University of Miami Inter-American Law Review

The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …

Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul

University of Miami Inter-American Law Review

This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …

Legal Aid And The Conflict Of The Personal Legal Responsibility Of Epidemic Diseases Covid19 As A Model, Comparative Study, Ekramy Basuony Abd Elhi Khattab

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The Constitutional texts around the world affirms the right of citizens to treatment and to adequate health care as an inherent constitutional right. This right has been more important in times of health epidemics. One of the most important of these is the COVED 19 epidemic. In the context of the effective of this constitutional rights, the important question is who is the responsible of giving this legal ids to those to the injures ? There is no doubt that the answer should be understanding id depth way of the concept of legal aid as one of the broad concepts …

What Is The Proper Role Of Attorneys Representing The Child In Abuse And Neglect Cases?, Alexandra Debenedictis

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

According to the Child Abuse Prevention and Treatment Act of 1974 (CAPTA), under federal law, children are required to have representation from a guardian ad litem in abuse and neglect proceedings. Many jurisdictions are proponents of the “Best Interest Model,” where the attorneys are appointed to determine and serve the best interest of the child, regardless of the individual child’s wishes. Other jurisdictions take the more traditional approach under the “Client-Directed Model,” where the attorney advocates for the child’s expressed wishes but also must take “into account diminished capacity such as age” of their client.

This post was originally published …

Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

A “Debt” To Society?: Reassessing The Constitutionality Of Pay-To-Stay Programs In Ohio Jails And Prisons, Katherine G. Porter

Ohio Northern University Law Review

No abstract provided.

The Status Of Curricular Change During The Industry’S Greatrecession: Radical, Or The New Norm?, Patrick Meyer

Ohio Northern University Law Review

No abstract provided.

Why The Bar Examination Fails To Raise The Bar, Carol Goforth

Ohio Northern University Law Review

No abstract provided.

“Brother, Can You Spare A Dime?”: The Crisis In Americanlegal Education—A Challenge For The Whole Profession, Randall T. Shepard

Ohio Northern University Law Review

No abstract provided.

The Citizen Lawyer In The Coming Era: Technology Is Changingthe Practice Of Law, But Legal Education Must Remaincommitted To Humanistic Learning, Kevin P. Lee

Ohio Northern University Law Review

No abstract provided.

Two And A Half Ethical Theories: Re-Examining The Foundationsof The Carnegie Report, Mark F. Kightlinger

Ohio Northern University Law Review

No abstract provided.

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Why & What Attorneys Should Know About Community Resources Available To Survivors Of Domestic Violence, Kristen Clarke Kellems, Kristen Clarke Kellems

Faculty Publications

This CLE program explains why attorneys representing survivors of domestic violence should understand and use community resources as part of effective legal advocacy. Leaving an abusive relationship can create immediate risks involving safety, housing, finances, transportation, childcare, and emotional health. These barriers can affect a survivor’s stability, decision-making, and ability to participate effectively in a legal case. Drawing on survivor and volunteer-attorney perspectives, the presenters show how appropriate referrals can strengthen both client outcomes and legal representation while keeping attorneys within their professional role.

The program surveys Utah resources available through 211, the Department of Workforce Services, domestic violence shelters, …

The Concerning Implications Of Texas’S Claim To Standing In United States V. Texas, Noa Gutow-Ellis

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

In a sign of the case’s importance, oral arguments stretched over two hours when the Supreme Court heard United States v. Texas on November 29, 2022. United States v. Texas concerns “the Biden administration’s authority to set immigration policy.” Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas enacted the policy at issue: prioritizing groups of noncitizens to be detained and deported. This prioritization is rooted in the fact that DHS does not have the resources to detain and deport the “over 11 million noncitizens currently in the United States who could be subject to deportation.” Texas sued the federal government, …

Researching And Teaching Asian And Hong Kong Private International Law, Wilson Lui

Indonesian Journal of International Law

This article considers how private international law in Asia and Hong Kong is developing and should be developed, through both theoretical and practical aspects as evidenced in both research and teaching. It considers what is entailed when speaking of the concept of an “Asian private international law”, looking at it from the lens of researching and teaching Asian law with Asia “as a method” – calling for Asian law to be recognised as an equal to its Western counterpart and to be developed through a comparative analysis among Asian jurisdictions themselves and the pluralistic traditions they employ. It also discusses …

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

Book Chapters

Court-connected ODR has already shown itself capable of dramatically improving access to justice by eliminating barriers rooted in the fact that courts traditionally resolve disputes only during certain hours, in particular physical places, and only through face-to-face proceedings. Given the centrality of courthouses to our system of justice, too many Americans have discovered their rights are too difficult or costly to exercise. As court-connected ODR systems spread, offering more inclusive types of dispute resolution services, people will soon find themselves with the law and the courts at their fingertips. But robust access to justice requires more than just raw, low-cost …

From Serving The Needs Of The Few To Serving The Needs Of The Many, Ab Currie

Canadian Forum on Civil Justice

From the outset, the objective of the Rural Mobile Law Van project has been to expand service in underserved rural areas, first to rural Wellington County in the summer 2019 pilot project and then in the second three-year phase of the project from 2021 to 2024 to Wellington County and to the adjacent North Halton area as well. The mobile law van operates between May and the end of October. During the fall and winter when Canadian weather becomes too inclement for an outdoor service the winter “law van” moves to various indoor venues in the same towns where the …

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton

Book Chapters

America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …

The Impact Of The Rule Of Law On National Security In African Countries, Catherine Lena Kelly

Judicature International

No abstract provided.

Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington

Journal of Dispute Resolution

No abstract provided.

Civil Rights Without Representation, Joanna C. Schwartz

William & Mary Law Review

Although much recent attention has been paid to qualified immunity, the biggest threat to civil rights enforcement is actually the lack of lawyers able and willing to represent people whose constitutional rights have been violated. There are small, tight-knit communities of civil rights lawyers with expertise and passion in the cities of the Great Migration, but few civil rights attorneys practice outside those urban areas. Limits on attorneys’ ability to recover fees mean that even attorneys willing to take civil rights cases will have financial incentives to decline meritorious cases if they would be expensive to litigate or if the …

Insider Expungement, Brian M. Murray

Utah Law Review

Like many phases of the criminal justice system, insiders dominate the practice of expungement and there is little to no involvement of the broader community. Recently, scholars in favor of democratization in criminal justice have called for enhanced public involvement during policing, charging, bail determinations, plea-bargaining, and sentencing to improve accountability, transparency, and democratic participation. This Article is the first to extend this critique to decision-making during the expungement process. It conveys how expungement always has been the province of insiders and how recent expungement reforms, while broadening some substantive expungement remedies, double down on this paradigm. Procedures are implemented …

Crowdsourcing Justice, Matthew Dylag

Canadian Journal of Law and Technology

Social media has become ubiquitous in the daily lives of Canadians. Beyond connecting with friends and family, people also turn to social media to find information and seek advice on any number of topics, be it home cooking, workout routines, or automobile purchases. Indeed, social media is a flexible vehicle that can be leveraged for communication on almost any topic. It is not surprising, therefore, that individuals are also turning to social media to help resolve their legal problems. Even a cursory examination of social media will reveal that it is not uncommon for individuals who are experiencing legal difficulties …

2023 Racial Justice Challenge: Housing Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.