Digital Commons Network^™

Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram

Faculty Scholarship

Bob Burdick began his career in clinical practice as a student in the clinic at Boston University School of Law in 1970, shortly after the civil clinic had been established as the Legal Aid Program in Hyde Park in 1969. Right out of law school, Bob worked at Greater Boston Legal Services (“GBLS”), he then was hired at BU as a clinical instructor and later promoted to director of what became the Civil Litigation Program in 1979. During the forty years Bob led the civil clinic (now renamed the Civil Litigation and Justice Program), he was the creative and innovative …

The Bar Exam’S Contribution To Systemic Inequalities In Access To Justice Around The World, Nicci Arete

Washington International Law Journal

Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession’s goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the goals of the profession? As legal systems become more complex and their impact on people’s lives all- encompassing, the ideal of improving access to justice—equitable and fair justice—is increasingly the target for justice systems across the globe. Addressing access to justice cannot be done without acknowledging the disparate barriers …

Direct And Structural Violence Against Transgender Populations: A Comparative Legal Study, Brian Kritz

Florida Journal of International Law

This Article is a comparative study exploring how the law impacts Transgender rights and Transgender access to justice. In countries where the law is hostile to Transgender rights, such law perpetuates structural violence, promotes discrimination and persecution, causing direct violence against Transgender populations. In countries where the law is more progressive, an interesting phenomenon exists. In these countries, where Transgender lives can be more openly lived, Trans-violence rates are noticeably higher than in countries where Transgender rights are restricted. This scholarship was developed with an eye towards reforming the law in countries with problematic legal structures and continuing efforts to …

Implementation Of International Law In Indian Legal System, Vivek Sehrawat

Florida Journal of International Law

This Article explores the general stance of international law and domestic legal orders regarding the legal effects of international law in the Indian domestic legal system. This Article argues that India has been a significant contributor to the field of international law. However, India remains reluctant to draft treaties that restrict free rein and that seek expressly to accord domestic courts a judicial enforcement role. This Article examines the implementation process of international law in the Indian domestic system and addresses the requirements imposed by international law. It critically examines the fundamental dichotomy in approaches at the domestic constitutional level …

Towards A More Ethical Ll.M. Degree: Let's Give International Lawyers The Value They Deserve, Carrie W. Teitcher, Kathleen Darvil

Florida Journal of International Law

Created for international lawyers seeking American credentials, LL.M. programs have proliferated, filling a need in an increasingly global market. Yet the American Bar Association offers no guidance as to how programs specifically designed for international lawyers should be structured. The road to a more ethical LL.M degree necessarily begins with the American Bar Association and the need for it to establish guidelines for such programs, at least for those programs which qualify international lawyers to sit for the bar exam.

Nor do law schools do enough to ensure that LL.M. students seeking to become licensed attorneys in the United States …

State Bar Of California, Kirstin Jensvold-Rumage, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Juan M. Villalvazo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Connor Greth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

A Faustian Bargain That Undermines Research Participants’ Privacy Rights And Return Of Results, Barbara J. Evans, Susan M. Wolf

Florida Law Review

A 2018 committee report published by the highly respected National Academies of Science, Engineering, and Medicine (the Report) recommends stripping research participants of crucial data privacy rights and discarding decades of carefully deliberated consensus guidelines for the ethical return of results and data from research. This Article traces these disturbing recommendations to three root causes: (1) a statement of task that blocked careful and impartial analysis of a disputed legal matter central to the Report; (2) a piecemeal legal analysis that omitted relevant strands of law; and (3) the inappropriate conflation of two distinct concepts—the return of individual research results …

Transnational Law As A Framework For Law Clinics, Sital Kalantry, Rachael E. Hancock

Cornell Law Faculty Publications

As the law becomes increasingly globalised and online education is increasingly emphasised, clinical legal education presents new opportunities for transnational collaboration. With more law schools introducing global clinical experiences into their curriculum, clinicians, students, clients, and practitioners are facing a host of new questions, challenges, and obstacles. These challenges are practical, logistical, ethical, and cultural. As research has found, finding a means of addressing these issues in ways that advance social justice has proven difficult. Striking a balance between client service and student learning, navigating relationships between different learning institutions, and setting ambitious but attainable goals are important elements of …

A New Era Of Legal Services: The Elimination Of Unauthorized Practice Of Law Rules To Accompany The Growth Of Legal Software, Julian Moradian

William & Mary Business Law Review

Since the inception of bar associations in the early twentieth century, states have promulgated rules that prohibit unlicensed individuals from providing legal services. These unauthorized practice of law rules have created a monopoly on legal services, which in turn has inflated the price of obtaining legal services to a point where a significant percentage of individuals who need such services are unable to obtain them. Legal software has the potential to disrupt the market for legal services and make such services available to the mass market. However, for innovation and widespread use of legal software to gain traction, these unauthorized …

Netflix And (Tax) Bill: Retail Sales Taxation Of Services, Grace Stephenson Nielsen

BYU Law Review

No abstract provided.

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.

Maine Law Magazine - Issue No. 96, University Of Maine School Of Law

Maine Law Magazine

• Information Privacy Summer Institute
  Pandemic adjustments lead to future opportunities
• Responding to Racial Injustice
  The Law School is taking action to help bring an end to racial injustice
• The Cumberland Legal Aid Clinic Celebrates 50 Years
  This defining program is one of the oldest law school clinics in the nation
• Better Together
  Maine Law and the University of Maine Graduate and Professional Center working together benefits the entire state of Maine
• Maine Law’s Pandemic Pivot
  Keeping the Law School successfully and safely running through the challenges of COVID-19
• Alumni at Work: Krystal Williams '17
  Through the Alpha Legal Foundation …

Celebrating A Lasting Legacy: Thomas Schoenherr, Michael W. Martin

Fordham Law Review Online

No abstract provided.

Celebrating A Lasting Legacy: Marcella Silverman, Elizabeth Maresca

Fordham Law Review Online

No abstract provided.

The Needs Of Helping Organizations In The Community, Ab Currie

Canadian Forum on Civil Justice

In access to justice, needs are ordinarily conceived in terms of individuals experiencing legal problems requiring assistance from someone with expertise and resources to resolve that problem. Legal problems studies have pointed out the vast number of problems with possible legal aspects experienced by members of the public. In Canada, repeated national surveys have estimated that about half of all adult Canadians will experience one or more problems within a three-year period. This amounted to more than 11 million people estimated by the most recent Canadian study and a greater number of problems because some people experience multiple problems.1 This …

The State And The Patriarch: Rewriting Charan Lal Sahu, Rakesh Shrouti, Rajkumar Keswani, Nasrin Bi And Others V. Union Of India (1990) 1 Scc 613, Sannoy Wright Das, Ananyaa Alexander Mazumdar

Vanderbilt Law School Faculty Publications

In this contribution, as part of the Indian Feminist Judgement Project, we reconsider the decision of the Supreme Court of India in the Charan Lal Sahu case that followed the Bhopal gas leak tragedy. We present a dissenting opinion on the case, finding that the law empowering the State to supplant the victim-survivors as plaintiffs was unconstitutional. Alongside, we offer a brief commentary on why this finding comports with what a feminist judge on the bench might have decided. We consider a variety of ways in which feminist criticism of the majority decision might proceed, and how this criticism informs …

Chaos Or Continuity? The Legal Profession: From Antiquity To The Digital Age, The Pandemic, And Beyond, Jan L. Jacobowitz

Vanderbilt Journal of Entertainment & Technology Law

The idea of individuals entering into a social contract to relinquish some of their rights in order to have a civilized society protect their fundamental rights originates at least as early as ancient Greece, where it was espoused by the philosopher Epicurus. Implicit in a social contract is the enactment of laws to achieve a democratic, civilized society and the concept of advocacy. Advocacy exists to protect an individual’s rights. The legal profession originated organically as the citizens of ancient Greece and Rome recognized the need for professional advocates. From this nascent beginning, the legal profession has evolved over centuries …

Welfare Queens And Work Requirements: The Power Of Narrative And Counter-Narrative, Nick Burns

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Algorithmic Legal Metrics, Dan L. Burk

Notre Dame Law Review

Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further applications have been proposed to determine civil and criminal liability or to “personalize” legal default rules. Deployment of such artificial intelligence (AI) systems has properly raised questions of algorithmic bias, fairness, transparency, and due process. But little attention has been paid to the known sociological costs of using predictive algorithms to determine legal status. A large and growing social …

Evidence-Based Patent Damages, Taorui Guan

Journal of Intellectual Property Law

No abstract provided.

Vol. 60, No. 04 (January 25, 2021)

Indiana Law Annotated

No abstract provided.

Introduction To Symposium, "Human Rights And Access To Justice In Ethiopia", Thomas Geraghty

Northwestern Journal of Human Rights

No abstract provided.

Reform Of Regulation Of Legal Practice In Ethiopia: Does It Improve Access To Justice?, Tewodros Meheret

Northwestern Journal of Human Rights

Legal practice has been one of the focus areas of the reform agenda following the appointment of Abiy Ahmed (PhD) as the new Prime Minister of Ethiopia on April 2, 2018 following the resignation of his predecessor. As a response to public discontent which led to the change in leadership, he promised and commenced sweeping changes. Accordingly, working teams were formed under the Advisory Council organized under the auspice of the Attorney General and one of them has been working on regulation of legal practice. It submitted a draft bill to the Office of the Attorney General months back and …

Ontario Civil Justice Reform In The Wake Of Covid-19: Inspired Or Institutionalized?, Suzanne E. Chiodo

Osgoode Hall Law Journal

On 17 March 2020, Ontario’s courthouses shut their doors as the civil justice system locked down with the rest of the province. Regular court operations were suspended due to the state of emergency caused by the COVID-19 pandemic. This was followed by a flurry of activity as courts drew up plans to resume operations as soon as possible. The “new normal” became virtual hearings, either by video conference, in writing, or by telephone. As Attorney General Douglas Downey said, “We’ve modernized the legal system by about 25 years in 25 days.” Has the revolution arrived? Will the changes made in …

Week Of January 18, 2021 - January 22, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Floersheimer Center for Constitutional Democracy
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Public Interest Law Advocacy Week (P*LAW)

Vol. 60, No. 03 (January 18, 2021)

Indiana Law Annotated

No abstract provided.

Mindfulness For Legal Professionals: An Appeal For Positive Change, Dianna Mejia

Mindfulness Studies Theses

Recent studies and reports address growing concerns about high rates of chronic stress, depression, and substance use by lawyers and law students. The National Task Force on Lawyer Well-Being identified the practice of law as a profession that is struggling and urged leaders to act now to improve the state of mental health and well-being of legal professionals. Among the recommendations in the 2017 report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, the National Task Force included mindfulness as a practice to address the psychological and psychosomatic disorders permeating the legal profession. The National Task Force urged …