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Pennsylvania Lawyers Behaving Badly: Is 8.4(G) A Solution?, Ellen Brotman, Amy Coco Mar 2022

Pennsylvania Lawyers Behaving Badly: Is 8.4(G) A Solution?, Ellen Brotman, Amy Coco

Hofstra Law Review

The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), broadening the definition of attorney misconduct. It mentions affirmative rules or comments to Rule 8.4(d)2 that already reflected these values, few states defined attorney misconduct to include discrimination and sexual harassment. It also mentions Greenberg v. Haggerty, a federal court declared that the rule violated the First Amendment.


"Breathing Space To Survive"--The Missing Component Of Model Rule 8.4(G), Margaret Tarkington Mar 2022

"Breathing Space To Survive"--The Missing Component Of Model Rule 8.4(G), Margaret Tarkington

Hofstra Law Review

The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), which confront the issues that harassment and discrimination. It mentions state bars are somehow oblivious to the serious problems of discrimination and harassment in nation, the growing national outcry against such, or the impediment that discrimination and harassment can be to the working of justice.


The Long Road To New York's Anti-Discrimination And Anti-Harassment Ethics Rule, Ellen Yaroshefsky Mar 2022

The Long Road To New York's Anti-Discrimination And Anti-Harassment Ethics Rule, Ellen Yaroshefsky

Hofstra Law Review

No abstract provided.


Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0 Mar 2022

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …


Dentistry And The Law: Winning Your Case And Still Being Sanctioned, Dan Schulte Jd Mar 2022

Dentistry And The Law: Winning Your Case And Still Being Sanctioned, Dan Schulte Jd

The Journal of the Michigan Dental Association

This Dentistry and the Law column discusses a perplexing scenario where a dentist, despite winning a licensing case trial, faces sanctions imposed by the Disciplinary Subcommittee (DSC) of the Board of Dentistry. The article unveils the intricate process of disciplinary actions, from administrative complaints to administrative hearings, emphasizing the pivotal role of the DSC in determining sanctions. It clarifies that success in an administrative hearing doesn't guarantee a favorable outcome, as the DSC holds ultimate authority, subject to limited Court of Appeals review.


J Mich Dent Assoc March 2022 Mar 2022

J Mich Dent Assoc March 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles 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 Feature: "Open Your Eyes to 3D Imaging"
  • A Clinical Feature: "CBCT in Clinical Practice: Guidance for Best Practice"
  • A Clinical Feature: "Penicillin Allergy and Medical Referral to Promote Antibiotic Stewardship"
  • An Access Feature: "The 2025 Michigan State Oral Health Plan"
  • A 10-Minute EBD: "Digital Scans or Conventional Impressions: Which Results in Better Crowns?"
  • News you need: …


Unmet Legal Needs As Health Injustice, Yael Cannon Mar 2022

Unmet Legal Needs As Health Injustice, Yael Cannon

University of Richmond Law Review

In Part I, this Article examines the health justice framework through which laws are understood as determinants of health equity. In Part II, this Article argues that when unaddressed for low-income individuals, legal needs serve as social determinants of health. Applying the health justice framework, the Article examines the major domains of social determinants of health (“SDOH”) and identifies areas of law for which unmet legal needs contribute to poor health and health inequity. Specifically, it analyzes how the five major domains of SDOH of the Healthy People 2030 paradigm of the U.S. Department of Health and Human Services (“HHS”) …


Use Of The Nflpa's Collective Bargaining Agreement To Tackle Health And Safety Issues Plaguing Active And Retired Nfl Players, Kelly Fitzgerald Mar 2022

Use Of The Nflpa's Collective Bargaining Agreement To Tackle Health And Safety Issues Plaguing Active And Retired Nfl Players, Kelly Fitzgerald

Hofstra Labor & Employment Law Journal

No abstract provided.


Anti-Discrimination Ethics Rules And The Legal Profession, Micahel Ariens Mar 2022

Anti-Discrimination Ethics Rules And The Legal Profession, Micahel Ariens

Hofstra Law Review

The article focuses on goals of the rules of ethics applicable to lawyers from the American Bar Association's (ABA's) 1908 Canons of Professional Ethics, through its 1983 Model Rules of Professional Conduct. It mentions efforts are a response to the ABA's adoption in 2016 of Model Rule 8.4(g), an anti-discrimination (and anti-harassment) rule. It also mentions harassment or discrimination on the basis of race, sex, religion, and national origin.]


Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe Mar 2022

Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe

Hofstra Law Review

The article focuses on American Bar Association (ABA) adopted Model Rule of Professional Conduct 8.4(g), for incivility might be used as a disciplinary standard to restrict lawyers' constitutionally protected speech. It mentions rule targets unlawful behavior including racial discrimination and sexual harassment, as well as some bad conduct that may otherwise be lawful and that might be hard to reach under existing rules, but that plainly should be sanctioned.


The Power Of A Good Story: How Narrative Techniques Can Make Transactional Documents More Persuasive, Susan M. Chesler, Karen J. Sneddon Mar 2022

The Power Of A Good Story: How Narrative Techniques Can Make Transactional Documents More Persuasive, Susan M. Chesler, Karen J. Sneddon

Nevada Law Journal

No abstract provided.


Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo Mar 2022

Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo

Fordham Law Review

For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …


The Role Of Artificial Intelligence In Pushing The Boundaries Of U.S. Regulation: A Systematic Review, Gutierrez Gaviria, Carlos Ignacio Mar 2022

The Role Of Artificial Intelligence In Pushing The Boundaries Of U.S. Regulation: A Systematic Review, Gutierrez Gaviria, Carlos Ignacio

Santa Clara High Technology Law Journal

Artificial Intelligence’s (AI) growing catalog of applications and methods has the potential to profoundly affect public policy by generating instances where regulations are not adequate to confront the issues faced by society, also known as regulatory gaps. The objective of this article is to improve our understanding of how AI influences U.S. public policy. It does so by systematically exploring, for the first time, this technology’s role in the generation of regulatory gaps. Specifically, it addresses two research questions:

  1. What U.S. regulatory gaps exist due to AI methods and applications?

  2. When looking across all of the gaps identified in the …


How The Process Of Building Legal Technology Creates Professional Agility, Amy A. Emerson Mar 2022

How The Process Of Building Legal Technology Creates Professional Agility, Amy A. Emerson

Faculty Publications

As the legal and technology sectors continue to merge, the growing importance of applying technology to solve traditional legal problems cannot be overstated. Today’s lawyers must possess not only substantive legal knowledge, but also a high level of technical sophistication and the desire and ability to embrace innovation. Several U.S. law schools offer courses in which students apply substantive legal knowledge and analysis to build functional technologies intended for real world implementation for the benefit of self-represented individuals. These courses teach students about how technology functions, its role in narrowing the access to justice gap, and fulfill many pedagogic goals …


An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell Feb 2022

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …


Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich Feb 2022

Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich

ProAcademy

This article provides the legal basis for conducting anti-corruption expertise of draft regulatory legal acts, considers the fundamental acts providing for the development of this institution, and also puts forward proposals for its improvement. Summing up, it is proposed to touch upon the document defining the procedure for conducting anti-corruption expertise of regulatory legal acts and their drafts - the Regulation on the procedure for conducting anti-corruption expertise of regulatory legal acts and their projects. It should be noted that this document was significantly transformed in 2021 by adopting it in a new edition. The author proposes to note that …


Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones Feb 2022

Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer Feb 2022

These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer

San Diego International Law Journal

Children throughout the world are fleeing home situations of violence and seeking safety in the United States. Some children begin their migration with their families, only to find that some family members do not survive the journey, while others are separated by the United States government upon arrival. Some children are so driven by fear and desperation that they flee without family at all. Alone in the United States, unaccompanied children are a hyper vulnerable population. Exacerbating matters, upon encountering law enforcement, they are locked and contained within “secure facilities,” or detention centers. What can be done to aid detained …


Nonlawyers In The Legal Profession: Lessons From The Sunsetting Of Washington's Lllt Program, Lacy Ashworth Feb 2022

Nonlawyers In The Legal Profession: Lessons From The Sunsetting Of Washington's Lllt Program, Lacy Ashworth

Arkansas Law Review

Today, the number of attorneys in the world fails to serve the number of people in need of legal assistance. Approximately sixty percent of law firm partners are baby boomers, meaning those in their mid fifties to early seventies, and twenty-five percent of all lawyers are sixty-five or older. These individuals will predictably retire. Meanwhile, law school costs more than ever. The average law student graduates $160,000 in debt only to enter into the legal profession with an average starting salary of $56,900 in the public sector and $91,200 in the private sector. It is no surprise law schools have …


The Legal Role In Building Sustainable Public Health Systems- Keynote, Mary Bufwack Feb 2022

The Legal Role In Building Sustainable Public Health Systems- Keynote, Mary Bufwack

Belmont Health Law Journal

No abstract provided.


State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li Feb 2022

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …


Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich Feb 2022

Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich

ProAcademy

The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …


Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit Feb 2022

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.


Getting Down To Brass Tax: Why Courts Should Use Equitable Tolling To Help Taxpayer-Petitioners Impacted By Covid-19, Hannah Fisher Feb 2022

Getting Down To Brass Tax: Why Courts Should Use Equitable Tolling To Help Taxpayer-Petitioners Impacted By Covid-19, Hannah Fisher

University of Chicago Legal Forum

No abstract provided.


Lochner Under Lockdown, Eugene Kontorovich Feb 2022

Lochner Under Lockdown, Eugene Kontorovich

University of Chicago Legal Forum

No abstract provided.


Wills Formalities In A Post-Pandemic World: A Research Agenda, Bridget J. Crawford, Kelly Purser, Tina Cockburn Feb 2022

Wills Formalities In A Post-Pandemic World: A Research Agenda, Bridget J. Crawford, Kelly Purser, Tina Cockburn

University of Chicago Legal Forum

No abstract provided.


How To Improve Legal Representation Of Children In America's Child Welfare System, Donald Duquette Feb 2022

How To Improve Legal Representation Of Children In America's Child Welfare System, Donald Duquette

Law & Economics Working Papers

From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This article provides the final recommendations of this project. These recommendations have not yet been published in the academic literature. This article first summarizes the research findings of the QIC-ChildRep project. Then it sets out QIC-ChildRep recommendations for: 1) Training and supervision of lawyers; 2) State statutes and rules governing lawyers for children; 3) State organizational structure to support child representation; 4) Strategies for recruiting lawyers in this specialty; 5) Caseload size; …


Robocourt: How Artificial Intelligence Can Help Pro Se Litigants And Create A “Fairer” Judiciary, Justin Snyder Feb 2022

Robocourt: How Artificial Intelligence Can Help Pro Se Litigants And Create A “Fairer” Judiciary, Justin Snyder

Indiana Journal of Law and Social Equality

No abstract provided.


The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich Feb 2022

The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich

ProAcademy

The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …


Seeing Like A Clinic, Adrian A. Smith Feb 2022

Seeing Like A Clinic, Adrian A. Smith

Osgoode Hall Law Journal

The prevailing commitment in clinical law programs like the Intensive Program in Poverty Law at Osgoode Hall Law School is to an engaged-contextualism, which serves to see law in action. It has provided participating students with some insight into the everyday life of ordinary people, approaching—but not necessarily fully perceptive to—certain socio-legal perspectives. But what does clinical legal education vision and envision? How precisely do clinics see? And from what source or place is that visual authority derived? Here, by attending to the prevailing “pedagogy of seeing” in contemporary poverty law clinical practice, I engage with teaching, learning, and praxis …