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Fringe Inheriting: Probate Avoidance At Both Ends Of The Wealth Spectrum, Allison Anna Tait

Law Faculty Publications

The principal system in the United States for transferring wealth from one generation to the next - the probate system - is a historically and steadfastly public one. Probate is a set of public processes and a court system created to situate and facilitate wealth transfer, giving legal imprimatur to the distribution of family money. Nevertheless, while the probate system may be the central and most conventional system for transferring wealth, not all families and individuals avail themselves of the system. The broad swath of families who avail themselves of the services and certain benefits of the probate system are, …

Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World, Rima Sirota

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Evaluating Legal Needs, Luz Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas – a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, …

Litigation Bias, Adam N. Eckart

Suffolk University Law School Faculty Works

There is pervasive litigation bias in law schools. Despite significant interest in transactional law fields among law students, law schools disproportionately teach to the student interested in litigation: litigation-based legal writing assignments outnumber transactional-based ones 19 to 1; litigation-based clinics outnumber transactional ones 9 to 1; and doctrinal classes focus primarily on appellate court cases, often failing to entertain substantive discussion on the creation or content of the documents that led to the dispute. As a result, law school graduates are 44% less prepared for transactional careers than litigation careers.
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Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff

Publications

No abstract provided.

Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors

American Indian Law Review

No abstract provided.

Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim

Reports & Public Policy Documents

The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …

Wage Recovery Funds, Elizabeth Ford

Faculty Articles

Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …

The Entity Attorney-Client Privilege Meets The Twenty-First Century: Rethinking Functional Equivalent Analysis In The Time Of A Nonemployee Workforce., Grace M. Giesel

Faculty and Staff Scholarship

Courts have struggled with whether an entity’s attorney-client privilege can protect communications between the entity’s lawyer and a nonemployee who has information the entity’s lawyer needs to best advise the entity. The nonemployee might be a former employee. But increasingly in recent times, the nonemployee is an individual who was never an entity employee. Corporations and other entities have incorporated nonemployees in their economic enterprises in all sorts of roles—roles employees may have held in the past. Many courts have accepted that the privilege can apply to communications involving former employees.

When faced with nonemployees who are not former employees, …

Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia

Cardozo Arts & Entertainment Law Journal

The article challenges the British Museum's claim that Lord Elgin legally and ethically acquired the Parthenon Sculptures with proper Ottoman authorization. It argues that the Museum's defense relies on flawed historical narratives, including the misrepresentation of key documents, and asserts that Elgin's actions were unlawful and harmful, undermining the Museum's moral and legal justification for retaining the sculptures.

Reducing Racial Disparity Of Youths Referred To The Juvenile Center, Kimberly Paige

Walden Dissertations and Doctoral Studies

In 2018, The Juvenile Center in St. Louis, Missouri acknowledged that they needed to decrease the racial disparity in the numbers and percentages of Black youths who were overrepresented compared to White youths at the front-end intake step of the facility. The purpose of this qualitative study was to gain insight as to whether there were alternative actions for police officers after they arrested the youths but before they referred them to the front-end intake step of The Juvenile Center. The main method of collecting data was an ethnographic interview in the form of a questionnaire to gather the community …

Robert Cover’S Call To Teaching And Journey To Judaism, Randy Lee

Touro Law Review

As a teacher, Yale law professor Robert Cover never “dazzled,” “zinged,” nor “entertained”; he just engaged his students on a journey to the real and true that ultimately invited them to become the best version of themselves. As a Jew, Professor Cover wore an oversized skull cap, covered himself in a multicolored prayer shawl, and studied from a huge Talmud. He also, however, made everyone around him feel valued and welcomed and swept them up in a faith Professor Cover saw as wondrous and life-changing. This essay considers what the life of Robert Cover can teach us about what it …

Lessons From A Pandemic: Recommendations From The Georgia Tpo Forum For Strengthening Protections Against Domestic Violence, Christine M. Scartz, Sarah White, Jaime Boorman

Scholarly Works

A civil protective order in Georgia is commonly called a temporary protective order, or TPO. The Georgia TPO Forum (the Forum) is a collaborative effort among practitioners who are deeply passionate about ending domestic violence and minimizing its effects on victims.1 The Forum is made up of advocates and attorneys who work every day with people who need protection from violence. Members provide each other not only with suggestions and solutions to problems, but also a listening ear in a profession where another tragic case is always on its way. The Forum is also uniquely positioned to offer recommendations about …

Kumble V. Voccola, 253 A.3d 1248 (R.I. 2021), Aryamen Andrew Omshehe

Roger Williams University Law Review

No abstract provided.

Subsequent Transferee’S Good Faith For Value Defense: The Second And Ninth Circuit’S Perspective, Alexa Schimp

Bankruptcy Research Library

(Excerpt)

Under section 548(a)(1) of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may “avoid any transfer . . . incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition” if there is either an “actual intent” fraudulent transfer or a “constructive” fraudulent transfer. The trustee, however, may not recover if a subsequent transferee can satisfy the good faith for value defense and demonstrate that it “t[ook] for value . . . in good faith, and without knowledge of the voidability of the …

America's Lawyerless Courts: Legal Scholars Work To Recommend Large-Scale Changes In Lawyerless Civil Courts, Anna E. Carpenter, Colleen Shanahan, Jessica Steinberg, Alyx Mark

Other Faculty Publications

No abstract provided.

Richmond Law Magazine: Winter 2022, University Of Richmond

Richmond Law Magazine

Free Britney (and other legal lessons from the headlines)

The Making of a More Perfect Union

Richmond Law: A Story in 7 Objects

Creating A Certification For Trustworthy Ai? If, When & The Future For Legal Professionals & Clients, American Bar Association, Darla Jackson

Other Faculty Publications

No abstract provided.

Horizontal Collusion And Parallel Wage-Setting In Labor Markets, Jonathan S. Masur, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way. But product markets and labor markets do not operate identically: people behave differently as employees and as consumers. Unlike consumers who can switch products relatively easily, employees face significant frictions in changing jobs. Other labor market frictions are created by the pay equity norm and downward nominal wage rigidity. These factors …

Introduction: Celebrating The Mound City Bar Association Centennial: Looking Back, Leading Forward, Karen L. Tokarz, David Thomas Konig, Hon. David C. Mason

Scholarship@WashULaw

In 2022, the Mound City Bar Association in St. Louis, one of the first Black bar associations in the country, celebrates its 100th anniversary. In this volume of the Washington University Journal of Law & Policy, distinguished authors look back at a century of contributions of Mound City Bar Association lawyers, judges, and allies, documenting their efforts to eliminate racial discrimination and break down barriers to equal justice. The volume is a testament to the work of countless individuals in the fight for civil rights since the beginning of the association in 1922. The authors also anticipate and examine the …

Judge Theodore Mcmillian: Beacon Of Hope And Champion For Justice, Karen L. Tokarz

Scholarship@WashULaw

“Judge Theodore McMillian: Beacon of Hope and Champion for Justice” illuminates the heroic groundbreaking accomplishments of Judge McMillian, who was a trailblazer in Missouri courts. Judge McMillian was Missouri’s first Black judge to sit on the state circuit court, state appellate court, and federal appellate court. Professor Tokarz traces Judge McMillian’s early life and career to demonstrate his life-long dedication to challenging disparities in the community and in the legal system. She discusses the Judge’s role on the St. Louis City Circuit Court, especially the Juvenile Court where he pushed for the expansion of constitutional rights for juveniles; his groundbreaking …

It Takes Two: Professional Interconnections And Potential Collaborations Between Small-Town Family Attorneys And Couple/Family Therapists, Wendy Lenk Mcclary

Antioch University Dissertations & Theses

Attorneys who specialize in family practice may experience significant rates of mood disorders and substance reliance. Law schools typically do not provide supportive coursework or mentoring to help students learn to manage their feelings and those of crisis-impacted clients. Lawyers may well consider that understanding emotional needs and providing emotional support does not fall within their codes of practice. Societal stigma may prevent family attorneys and their clients from seeking therapy. Small-town attorneys may be particularly vulnerable to professional stress and safety concerns. The purpose of this study was to explore and understand the lived experiences of family attorneys practicing …

Washington, D.C.: The Capital Of Fair Housing Act Violations, Arielle Aboulafia

Human Rights Brief

No abstract provided.

Unrepeatable Harms: Forced Sterilization At Ice Detention Centers, Sabrina Davis

Human Rights Brief

No abstract provided.

Searching For Justice For Australia’S Stolen Generations, Keila Mayberry

Chicago Journal of International Law

Until the early 1970s, Australian federal and state government agencies forcibly removed tens of thousands of Aboriginal and Torres Strait Islander children from their families and placed them up for adoption or in group homes and church missions. These children are known as the “Stolen Generations.” Domestic remedies have proven insufficient in securing justice for the Stolen Generations and international adjudication may be a viable alternative. This Comment examines whether Australia may be haled before the International Court of Justice (ICJ) for violations of the Genocide Convention for its Stolen Generations policies. Australia’s policies likely constituted a violation of Article …

The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster

Case Western Reserve Journal of International Law

No abstract provided.

Talking Foreign Policy: “Blood & Treasure” September 28, 2021 Broadcast, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

Talking Foreign Policy broadcast from Sept. 28, 2021, "Blood and Treasure," featuring Michael P. Scharf, Sandra Hodgkinson, Darin E.W. Johnson, Gregory P. Noone, and Milena Sterio. Interviews of international lawyers whose real-life experiences may have helped inspire the CBS TV show.

China's Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, Thomas D. Grant, F. Scott Kieff

The International Lawyer

No abstract provided.

Front Matter

The International Lawyer

No abstract provided.

The European Union's Sustainable Finance Disclosure Regulation: Compliance & Policy Implications, Michael Vuong

The International Lawyer

No abstract provided.