Digital Commons Network^™

Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi

Deason Center Reports

Most Americans expect that if they are arrested, they will quickly appear before a judge, learn about the charges, and have an attorney assigned to defend them. The reality is vastly different. After arrest, a person can wait in jail for days, weeks, or even months before seeing a judge or meeting an attorney. This report chronicles the resulting initial appearance crisis and highlights its devastating consequences. More importantly, it provides policymakers and advocates with actionable recommendations.

Voices From A Prison Pandemic: Lives Lost From Covid-19 At Lakeland Correctional, Kimberly Thomas

Articles

Coronavirus tore through jails and prisons like wildfire. In some states, more than half of the people incarcerated there tested positive for COVID-19; nearly 400,000 people in prison across the United States have tested positive. For people in prison, COVID-19 brought the loss of close friends, solitary confinement, loss of connection with family and programming, lack of information, and fear of contracting the virus. It has also reminded those who are incarcerated of the one-dimensional way in which people in prison are perceived. As stated by one collaborator, Cory Souders, "[s]o many men and women who come to prison are …

Assessing China’S Environmental Ngo Public Interest Litigation Against The U.S. Citizen Suit Model, Huishihan Wang

Dissertations & Theses

This dissertation introduces the U.S. and China’s environmental governance evolution, the background of their private enforcement provisions, including each country’s environmental legislative, administrative, and judicial development before establishing private enforcement. After the introduction, the second section examines the U.S. environmental citizen suits’ origin, environmental movements during the 1960s and 1970s, and pioneer ENGOs’ legal experiences. Statutory provisions are reviewed in various aspects in order to fully present this significant U.S. private enforcement measure. The third section analyzes the trajectory of Chinese ENGO EPIL development, including the provisions and typical actions according to several scattered provisions. Section four compares the theoretical …

Book Review Of Mutual Aid: Building Solidarity During This Crisis (And The Next), Scott L. Cummings

Journal of Legal Education

No abstract provided.

Book Review Of Integrating Doctrine And Diversity: Inclusion And Equity In The Law School Classroom, Stevie Leahy

Journal of Legal Education

No abstract provided.

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …

Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Global Access to Justice Project is gathering the very latest information on the impact of the world’s major justice systems, analyzing legal, economic, social, cultural and psychological barriers that prevent or inhibit many, and not only the poor, from entering and using the legal system. The country report for Singapore follows the common framework provided by the Global Access to Justice Project Questionnaire.

Rock The Cash-Bah! How Alston Presents A New Challenge To The Amateurism Justification And Ways The Ncaa Can Modernize To Remain Afloat, John Y. Doty

University of Miami Business Law Review

During the last decade, antitrust litigation involving Division I athletes and the NCAA has resulted in changes to the NCAA’s rules, presenting a threat to amateurism. As athletes have voiced concerns about their likeness being used without permission in video games, the difficulty of balancing sports and academics, and going to bed hungry when millions of dollars in profits are being made off of them, the NCAA has allowed conferences and schools to provide student-athletes with stipends for cost of attendance expenses. However, even though the NCAA has modified its rules, athletes continue to ask for more, and courts have …

Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso

Indonesia Law Review

This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially …

Race To Jurisdiction: Forum Determination In Dv-Related Child Custody Actions When Survivors Flee Across State Lines, Joy Barber

Montana Law Review

No abstract provided.

Blockchain And Its Potential Real-World Applications: Implications On Discovery Procedures, Ross M. Keiser

Pace Law Review

No abstract provided.

Advancing An Evidence-Based Approach To Improving Legal Education, Kellye Y. Testy

Journal of Legal Education

No abstract provided.

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

The Myanmar Shwe: Empowering Law Students, Teachers, And The Community Through Clinical Education And The Rule Of Law, Stephen Rosembaum, Britane Hubbard, Kaylee Sharp-Bauer, David Tushaus

Indiana Journal of Global Legal Studies

Myanmar's attorneys, judges, law officers, and law teachers are slowly emerging from the isolated world they inhabited during decades of military authoritarianism. Almost a decade ago, the country triumphantly burst into an era of "disciplined" democracy under the leadership of Aung San Suu Kyi, de facto head of state. Yet, the legal education system continues to be marked by hierarchical and bureaucratic practices, infrastructural and pedagogical neglect, and low confidence in the formal justice sector. The authors-two American law professors and practitioners and two students-discuss the direction of legal education in Southeast Asia and how clinical legal education (CLE) methodologies …

Democracy Requires Good Law Libraries – With Books, Franklin L. Runge

Library Scholarship

In this brief commentary, the author argues for the continued presence of a print collection in law libraries because (1) law libraries serve as a fail-safe for democracy, (2) inexperienced researchers achieve a greater understanding of how primary law is produced when exposed to print materials, and (3) there is still a high demand for print materials in scholarly endeavors.

J Mich Dent Assoc August 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry 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 story on “Diversity, Equity, Inclusion, and Dentistry: Understanding the MDA’s Perspective”.
• A feature article, “Diversity, Equity, Inclusion, and Dentistry: Its Impact on Oral Health — You Can Make a Difference!”.
• A feature article from the Journal’s DEI series, “Welcoming Diversity, Equity, and Inclusion with Students Considering Careers in Dentistry”.
• A feature clinical article …

A Case Study Of Information Management: An Ethnographic Research For A Suitable Smartphone For Legal Workers, Eric J. Guo

Multidisciplinary Studies Theses

This research report is a learning and practice experience on research on suitable smartphones for information management for legal work. The author compared the five most popular smartphones on the market and recommended smartphones that are highly efficient for performance and cost-effective for legal workers. The author has been working on the project with J&W Law Firm as a volunteer product researcher from 2017 to today. The research results have been continually updated with the most advanced technology to law firm partners’ requirements. During the project, the author needs to communicate with legal workers to understand their best needs for …

Who Owns The City? Pension Fund Capitalism And The Parkdale Rent Strike, Jamie Shilton

Journal of Law and Social Policy

Canadian public pension funds play an increasingly significant role as institutional investors, including in the domestic residential property market. Some scholars have suggested that pension fund investments of this kind result in a form of public ownership, sometimes characterized as “pension fund socialism.” However, the actual character of pension fund investment in Canada is much more akin to a financialized pension fund capitalism, with public pension funds adopting investment strategies consistent with private financial market actors. In the summer of 2017, tenants and housing activists in Toronto’s Parkdale neighbourhood organized a successful rent strike against their corporate landlord as well …

Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean O'Brien

Faculty Works

This article was written in response to an invitation to participate in the 2016 Richard J. Childress Memorial Lecture at St. Louis University School of Law. It focuses on the relationship between public defender funding, quality of representation, and the risk of convicting the innocent, drawing on specific examples of Missouri defendants who were convicted and sentence to prison or to death in spite of their innocence.

Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel

Tennessee Journal of Law and Policy

Public defenders and other court actors most often engage in behind-the-scene plea negotiating to manage overwhelming workloads and to dispose of cases as quickly and efficiently as possible. In prior work, scholars have documented an increased reliance on plea bargaining and the deleterious impact of the practice on the legal process and the rights of individuals accused of a crime; however, this research has not systematically analyzed the decisions made, and the perspectives of justice of society's most disadvantaged and arguably most important actors of the court, the defendants. Relying on data collected in a Midwestern public defense system, this …

Responding To The Impacts Of The Opioid Epidemic On Families, Wendy A. Bach, Suzanne Weise, Barry Staubus

Tennessee Journal of Law and Policy

No abstract provided.

The Potential For A Family Law Tribunal, Patricia Lynn Robinson

PhD Dissertations

This thesis considers the potential for tribunal adjudication in family law, particularly for custody and access cases. The central argument is that a paradigm shift away from adversarialism may enable experimentation with a holistic tribunal-based family law settlement system, at least for family law cases in which a best-interests-of-the-child determination is required. It is suggested that within a holistic tribunal settlement system, multi-disciplinary mediators and adjudicators could share decision-making responsibility, nurture tribunal expertise and develop transparent decision-making guidelines, while adjudication could be relegated to a secondary, inquisitorial component. New empirical research on mediation and adjudication processes in selected tribunals is …

Sweet Are The Uses Of Adversity, Nicholas Allard

Faculty Scholarship

No abstract provided.

Sword And Shield: The Georgia Supreme Court Adopts Third-Party Waiver Of Attorney-Client Privilege, D. Garrett White

Mercer Law Review

The attorney-client privilege is generally held out as a sacred instrument (a shield) reserved for clients and used by attorneys for the benefit of those clients. Persons untrained in the law tend to have a basic understanding of what the attorney-client privilege is and can often explain in a rudimentary sense what it protects. What few non-lawyers realize, however, is that the privilege is not absolute, and is waivable under certain, limited, circumstances. Now, it seems that shield is losing its integrity in the realm of legal malpractice.

In January 2020, the Georgia Supreme Court ruled in Hill, Kertscher & …

American Influences, Canadian Realities : How "American" Is Canadian Legal Education?, Philip Girard

Articles & Book Chapters

No abstract provided.

Paradox And Possibility: Movement Lawyering During The Covid-19 Housing Crisis, Marika Dias

City University of New York Law Review

The COVID-19 pandemic put over 22 million U.S. tenants at risk of eviction. It also triggered bolder movement organizing, and demands for radical and enduring solutions to the ongoing housing crisis. Over decades, the field of movement lawyering—legal work that supports grassroots organizing and movement building—has been growing stronger and amassing a body of theoretical and practical frameworks. The potential mass eviction crisis, and the bold campaigns to prevent it, urgently called on movement lawyers to contribute their skills and knowledge to grassroots organizing efforts. This article examines the practice of movement lawyering through the lens of the author’s legal …

Immigration Cyber Prisons: Ending The Use Of Electronic Ankle Shackles, Tosca Giustini, Sarah Greisman, Peter L. Markowitz, Ariel Rosen, Zachary Ross, Alisa Whitfield, Christina Fialho, Brittany Castle, Leila Kang

Online Publications

The call to end immigration detention has garnered strong support in recent years due to a growing public awareness of its devastating impact on the individuals locked away, their families, and entire communities. Throughout the nation, communities, organizers, advocates, and public officials have demanded the shutdown of Immigration and Customs Enforcement (ICE) detention centers, particularly those operated by private prison companies.

However, less attention has been paid to another form of detention that has been insidiously expanding alongside ICE’s brick-and-mortar jails: the Intensive Supervision Assistance Program (ISAP), the primary component of ICE’s so-called “Alternatives to Detention” program. ISAP surveils, monitors, …

Clandestine Awards, Information Asymmetries, And Equality Of Arms In Investment Arbitration, Fernando Dias Simões

Journal of Dispute Resolution

Among the numerous criticisms leveled at investor-state arbitration over the years, it has almost become de rigueur to point out a lack of transparency. In this arena “transparency” refers to the extent to which the public may be aware of the existence of a dispute, have access to key arbitral documents, or attend oral hearings.

Richmond Law Magazine: Summer 2021, University Of Richmond

Richmond Law Magazine

Change of Plans

The Lawyer in the Mirror

Commanding Presence