Digital Commons Network^™

2021 December, Cleveland-Marshall College Of Law

2020s

No abstract provided.

France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit

Journal of Food Law & Policy

Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …

Foreword: Law + Computation: An Algorithm For The Rule Of Law And Justice?, Daniel W. Linna Jr.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Legislative Recipe: Syntax For Machine-Readable Legislation, Megan Ma, Bryan Wilson

Northwestern Journal of Technology and Intellectual Property

Legal interpretation is a linguistic venture. In judicial opinions, for example, courts are often asked to interpret the text of statutes and legislation. As time has shown, this is not always as easy as it sounds. Matters can hinge on vague or inconsistent language and, under the surface, human biases can impact the decision-making of judges. This raises an important question: what if there was a method of extracting the meaning of statutes consistently? That is, what if it were possible to use machines to encode legislation in a mathematically precise form that would permit clearer responses to legal questions? …

Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker

Washington Law Review

Prison disciplinary hearings have wide-reaching impacts on an incarcerated individual’s liberty. A sanction following a guilty finding is a consequence that stems from hearings and goes beyond mere punishment. Guilty findings for serious infractions, like a positive result on a drug test, can often result in a substantial increase in prison time. Before the government deprives an incarcerated individual of their liberty interest in a shorter sentence, it must provide minimum due process. However, an individual can be found guilty of serious infractions in Washington State prison disciplinary hearings under the “some evidence” standard of proof—a standard that allows for …

Can Procedure Take?: The Judicial Takings Doctrine And Court Procedure, Rebecca Hansen

University of Chicago Law Review

In considering the value of the judicial takings doctrine, this Comment argues that we should look to a new area of law: procedure. Courts often have the authority to set procedure, and they use this authority for substantive ends. This Comment argues that applying the Takings Clause to procedure demonstrates the value of the judicial takings doctrine. It argues that the Takings Clause, rather than the Due Process Clause, is the appropriate framework for certain forms of procedure. Under the Takings Clause, we can recognize the judiciary’s authority to use procedure for substantive ends while also offering “just compensation” to …

Ai, On The Law Of The Elephant: Toward Understanding Artificial Intelligence, Emile Loza De Siles

Buffalo Law Review

Machine learning and other artificial intelligence (AI) systems are changing our world in profound, exponentially rapid, and likely irreversible ways.3 Although AI may be harnessed for great good, it is capable of and is doing great harm at scale to people, communities, societies, and democratic institutions. The dearth of AI governance leaves unchecked AI’s potentially existential risks. Whether sounding urgent alarm or merely jumping on the bandwagon, law scholars, law students, and lawyers at bar are contributing volumes of AI policy and legislative proposals, commentaries, doctrinal theories, and calls to corporate and international organizations for ethical AI leadership. Unfortunately, erroneous, …

The Myth Of Autonomy Rights, Kathryn E. Miller

Cardozo Law Review

Supreme Court rhetoric, scholarly discussion, blackletter law, and ethical rules have perpetuated a myth that individual rights protect the autonomy of defendants within the criminal legal system. To expose this myth, I examine six rights that the Court has enshrined as essential decision points for criminal defendants due to the rights’ purported expressive and consequential functions: (1) the right to self-representation; (2) the right to plead guilty; (3) the right to waive a jury; (4) the right to testify; (5) the right to waive appeals; and (6) the right to maintain innocence at a capital trial. I conclude that each …

Socially Distant Signing: Why Georgia Should Adopt Remote Will Execution In The Post-Covid World, Jessie Daniel Rankin

Georgia Law Review

In the wake of the COVID-19 pandemic, Georgia Governor Brian Kemp and other state governors issued emergency executive orders authorizing the attestation and execution of wills, trusts, and other testamentary documents through the use of audio-video technology. Most states have traditionally required that such testamentary documents be signed in the physical presence of two or more witnesses to be valid. Georgia’s executive order permits these witnesses to instead observe the signing via video-conferencing software, alleviating the requirement that the witnesses be physically present with the testator. This authorization, however, only exists through this executive order and could lapse or be …

Spurring Digital Transformation In Singapore's Legal Industry, Xin Juan Chua, Steven M. Miller

Research Collection School Of Computing and Information Systems

COVID-19 has transformed the way we live and work. It has caused the processes and operations of businesses and organisations to be restructured, as well as transformed business models. A 2020 McKinsey Global survey reported that companies all over the world claim they have accelerated the digitalisation of their customer and supply-chain interactions, as well as their internal operations, by three to four years. They also said they thought the share of digital or digitally enabled products in their portfolios has advanced by seven years. While technology transformation is not new to the legal profession, COVID-19 has cemented the importance …

The Prevalence Of Adverse Childhood Experiences (Aces) And The Need For Effective Reentry Programming Calls For The Implementation Of An Aces Approach To Adult Offender Reentry Efforts, Michelle J. Kostyack

Seton Hall Law Review

No abstract provided.

Tjlp (2012) Volume 8 Special Edition Issue

Tennessee Journal of Law and Policy

No abstract provided.

Beyond Lawyer Assistance Programs: Applying The United States Marine Corps' Concepts And Principles Of Spiritual Fitness As A Means Towards Increasing The Health, Resiliency, And Well-Being Of Lawyers—While Restoring The Soul Of The Profession, David A. Daigle, Daniel V. Goff

Journal of Catholic Legal Studies

(Excerpt)

Lawyer Assistance Programs (“LAPs”) are recognized as an invaluable tool for increasing well-being by assisting lawyers to secure confidential treatment in order to overcome various addictions and mental health issues. The 2017 report by the National Task Force on Lawyer Well-Being underscores this notion by asserting that LAPs “play a pivotal role in lawyer wellbeing.” While this is true, the legal profession would do well to look beyond LAPs and broaden its discussion regarding wellness. In particular, the American Bar Association (“ABA”) should more robustly recognize and encourage spirituality as a means towards health, resiliency, and well-being, much like …

Against Civil Gideon (And For Pro Se Court Reform), Benjamin H. Barton

Florida Law Review

No abstract provided.

Renters Evicted En Masse: Collateral Damage Arising From The Subprime Foreclosure Crisis, Creola Johnson

Florida Law Review

No abstract provided.

Applying The Common Fund Doctrine To An Erisa-Governed Employee Benefit Plan's Claim For Subrogation Or Reimbursement, E. Farish Percy

Florida Law Review

The Supreme Court’s recent decision in Sereboff v. Mid Atlantic Medical Services, Inc. will likely encourage ERISA-governed plans to assert claims for reimbursement more aggressively. Prior to Sereboff, plans were often unsuccessful in recovering reimbursement, in large part because § 502(a)(3) of ERISA limits the relief available to a plan seeking reimbursement to “appropriate equitable relief” necessary to redress a violation of plan provisions requiring reimbursement or subrogation. In Sereboff, however, the Court held that the claim for reimbursement at issue was a claim for “equitable relief” under § 502(a)(3) because both the nature of the relief sought …

How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa

PhD Dissertations

What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …

Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag

PhD Dissertations

Access to civil justice remains one of the most pressing concerns within the legal community in Canada. Yet, despite over a half century of reform efforts, many people still struggle to resolve their legal difficulties in a timely and cost effective manner. Part of the reason that reform efforts have yet to solve this crisis is that scholarship has only recently begun to investigate possible measures that can evaluate whether programs and initiatives have positively impacted the ability of ordinary Canadians to resolve their legal problems. The primary purpose of this dissertation is to support the development of such measures …

A Flawed Assumption: Why The U.S. Court Of Appeals For Veterans Claims Should Abandon Its Presumption Against The Certification Of Class Actions, Matthew D. Handley

Seton Hall Law Review

No abstract provided.

Revisiting The Tri-Partite Relationship Between An Insurance Carrier, A Policyholder, And An Insurance Defense Attorney, Ross Pesek, Alejandra Ayotitla Cortez

Nebraska Law Bulletin (Selected Issues)

The tripartite relationship between the insured, insurer, and appointed defense counsel poses inherent conflicts of interest and ethical dilemmas. All parties are affected by the problems arising out of the relationship. The insured is in a vulnerable position when they are denied loyal representation and are threatened with financial ruin. Special attention must be placed on the insurer’s obligations to its insured, including completing a reasonable and proper investigation of the claim, providing a defense if the potential for liability exists, timely effecting a reasonable settlement, and giving equal consideration to the insured’s interest.

On the defense counsel’s side, the …

May Class Counsel Also Represent Lead Plaintiffs, Bruce A. Green, Andrew Kent

Florida Law Review

For decades, courts and commentators have been aware that the potential for conflicting interests among the class representatives, class counsel, and absent class members is inherent in the class action device. Notwithstanding this realization and a substantial amount of scholarly and judicial commentary on class conflicts, one kind of conflict has not received due attention: the conflict that inevitably arises when class counsel also represents class members as individuals. This conflict—so common to be almost invisible—arises from the beginning of a putative class representation and may create a fraught situation for a lawyer concurrently representing both the class (or putative …

Technological Triage Of Immigration Cases, Fatma Marouf, Luz Herrera

Florida Law Review

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained.

Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …

Against The "Safety Net", Matthew B. Lawrence

Florida Law Review

Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …

Mmu: 11/08/21–11/14/21, Student Bar Association

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This Week @ NDLS

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Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Truth, Civility, and Advocacy
• Cultivating a Deeper Faith in Jesus Christ
• Can Religion Be a Healing Force in Society?
• Navigating Life’s Uncertainties

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Black On Black Representation, Alexis Hoag

Faculty Scholarship

No abstract provided.

A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert

Law Faculty Scholarship

Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp): Evaluation Report, Madhawa Palihapitiya, David Sulewski, Kaila O. Eisenkraft, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents findings and recommendations from a formative evaluation of the Massachusetts Housing Mediation Program (HMP) administered by the MA Office of Public Collaboration (MOPC) at the University of Massachusetts Boston in partnership with 12 Community Mediation Centers (CMCs). The program is funded by the Commonwealth of Massachusetts and overseen by the Department of Housing and Community Development (DHCD) as part of the Baker-Polito Administration’s Eviction Diversion Initiative (EDI). The evaluation was conducted by MOPC’s research unit comprised of staff and graduate student researchers, and does not necessarily represent the views of DHCD. As a statutory state office, MOPC …

The Problem Of Gender Inequity: The Legacy Of Deborah Rhode, Joanna L. Grossman

University of Chicago Law Review

No abstract provided.

Regulatory Competition And State Capacity, Martin W. Sybblis

William & Mary Business Law Review

This Article explores an underlying tension in the regulatory competition literature regarding why some jurisdictions are more attractive to firms than others. It pays special attention to offshore financial centers (OFCs). OFCs court the business of nonresidents, offer business friendly regulatory environments, and provide for minimal, if any, taxation on their customers. On the one extreme, OFCs are theorized as merely products of legislative capture— thereby lacking any meaningful agency of their own. On the other hand, OFCs are conceptualized as well-governed jurisdictions that attract investment because of the high quality of their laws and legal institutions—indicating some ability to …