Digital Commons Network^™

Insuring Evolving Technology, Asaf Lubin

Articles by Maurer Faculty

The study of the interaction between law and technology is more critical today than ever before. Advancements in artificial intelligence, information communications, biological and chemical engineering, and space-faring technologies, to name but a few examples, are forcing us to reexamine our traditional understanding of basic concepts in torts and insurance law.

Yet, few insurance professionals and scholars will identify themselves as working in the field of “law-and-technology.” For many of them, technology is “just a fact about the world like any other,” as Ryan Calo once put it, not one that always merits “special care.”

This short paper is an …

Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland

UC Law SF Communications and Entertainment Journal

No abstract provided.

Stranded Within Sight Of Land: Maritime Labor Rights And Seafarer Abandonment In The Time Of Covid-19, J. Sam Chase

Maryland Journal of International Law

No abstract provided.

Confronting Problematic Legal Fictions In Gestational Surrogacy, Ayesha Rasheed

Journal of Health Care Law and Policy

No abstract provided.

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica Steinberg, Alyx Mark

GW Law Faculty Publications & Other Works

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power …

Workplace Transparency Beyond Disclosure: What's Blocking The View?, Lisa J. Bernt

Marquette Law Review

Recent developments have exacerbated informational asymmetry between

employers and workers. Employers increasingly use “black box” automateddecision

systems, such as machine learning processes where algorithms are

used in recruitment and hiring. They have technological tools that enable

intense monitoring of workers. Contemporary work relationships have

changed, with trends toward remote and scattered worksites. Employees are

more frequently bound by nondisclosure agreements, non-disparagement

provisions, and mandatory arbitration agreements. These developments have

made it more difficult for workers to communicate with each other and to act

collectively.

Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper

Marquette Law Review

The Sixth Amendment’s criminal jury right is integral to the United States

criminal justice system. While this right is also implicated by the Due Process

Clause, Equal Protection Clause, and several federal and state statutes,

criminal jury trial rates have been declining for decades, down from

approximately 20% to 2% between 1988 to 2018. This dramatic drop in the

rate of criminal jury trials is an effective measure of the decreased access to

fair and constitutional criminal jury trials.

Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald

Marquette Law Review

Faced with mounting pressure to permit national law practice and increase

access to legal services for those who cannot afford to pay for them and

critiques about growing inequality and its failure to lead the battles for greater

gender and racial justice, the legal profession’s response has been to resist

reform proposals by invoking its independence. Lawyers and lawyers alone,

asserts the profession, ought to determine the pace and details of nationalizing

law practice, set the conditions under which nonlawyers and artificial

intelligence can offer legal services, and respond to growing inequality among

lawyers and concerns about the role lawyers …

Alleviating The Harms Of Substandard Housing To Wisconsin Tenants: Correlating Rent With Assessed Property Value, Ellen Matheson

Marquette Law Review

Like other cities across the nation, Milwaukee utilizes a mix of regulatory,

statutory, and common law tools to address the problem of substandard rental

housing. This Comment examines the efficacy of those legal tools, in the

process demonstrating that existing remedies offer insufficient protections to

tenants in need of habitable housing. This Comment then proposes a novel

legal strategy that is designed to ameliorate the problem of low-quality,

overpriced rental housing: amending Wis. Stat. § 66.1015 to permit

implementation of a “rent-value correlation rate”—giving municipalities the

option to cap monthly contract rent as a percentage of the assessed property

value. …

Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona

Articles

No abstract provided.

Court Review: Journal Of The American Judges Association, Vol. 57, No. 1

Court Review: Journal of the American Judges Association

Court Review, the quarterly journal of the American Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to the working judges of the United States and Canada. In each issue, we hope to provide information that will be of use to judges in their everyday work, whether in highlighting new procedures or methods of trial, court, or case management, providing substantive information regarding an area of law likely to be encountered by many judges, or by providing background information (such as psychology or other social science research) …

Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy J. Johnston-Walsh, Alison Lintal

Faculty Scholarly Works

The COVID-19 pandemic has rocked the world in innumerable ways. This Article argues that the COVID-19 pandemic has a silver lining for law students in experiential learning programs. The pandemic has forced law schools across the country to fully utilize remote learning technology. The pandemic similarly forced courts to accept virtual tools in an environment that had previously relied primarily on in-person appearances. The lessons that law faculty and judges have learned from the pandemic will be permanent and may change the methods of operation going forward. Law schools that embrace the lessons they learned can help their law students …

Kinship Care In Pennsylvania: Creating An Equitable System For Families, Heidi Redlich Epstein, Lucy Johnston-Walsh, Jennifer Pokempner, Kathleen Creamer, Karissa Phelps

Faculty Scholarly Works

Family connection provides one of the most important contributions to the development and identity of children. A child’s family connections help them grow and thrive, provide them identity and security, and are a critical link to culture and traditions.

When experiencing difficult times, family members can support each other in ways no one else can, with the shared goal of keeping the family intact and connected.

When a child’s life is disrupted, calling on the support of family is custom in most communities and can be a great source of comfort for both children and the family. This is especially …

Health Care Sanctuaries, Medha D. Makhlouf

Faculty Scholarly Works

It is increasingly common for noncitizens living in the United States to avoid seeing a doctor or enrolling in publicly funded health programs because they fear surveillance by immigration authorities. This is the consequence of a decades-long shift in the locus of immigration enforcement activities from the border to the interior, as well as a recent period of heightened immigration enforcement. These fears persist because the law incompletely constrains immigration surveillance in health care.

This Article argues that immigration surveillance in health care is a poor choice of resource allocation for immigration enforcement because it has severe consequences for health …

Asylum Attorney Burnout (Model Survey And Additional Survey Responses), Lindsay M. Harris, Hillary A. Mellinger

Journal Articles

No abstract provided.

Stickiness And Incomplete Contracts, Julian Nyarko

University of Chicago Law Review

Both economic theory and legal theory assume that sophisticated parties routinely aim to write contracts that are optimal, in the sense of maximizing the parties’ joint surplus. But more recent studies analyzing corporate and government bond agreements have suggested that some contract provisions are highly path dependent, or “sticky,” with future agreements only rarely improving upon previous ones.

Analyzing half a million contracts using automated text analysis, this Article demonstrates that the stickiness hypothesis explains the striking lack of dispute resolution clauses that can be found in agreements between even the most sophisticated commercial parties. When drafting these contracts, external …

A Fresh Start: The Evolving Use Of Juvenile Records In College Admissions, Eve Rips

University of Michigan Journal of Law Reform

Questions about criminal and juvenile records in the college application process are common and frequently fail to account for the unique characteristics of juvenile justice systems. The ways in which colleges and universities ask about juvenile records often encourage applicants to disclose information in spite of statutory protections. These questions fly in the face of the public policy underlying a range of legal safeguards that are intended to help individuals with records from juvenile systems in moving forward and receiving a second chance.

In recent years, a series of legislative and institutional changes have begun to restrict how colleges and …

The Legal Industry's Second Chance To Get It Right, Nancy B. Rapoport, Joseph R. Tiano Jr.

Scholarly Works

No abstract provided.

Talking Back In Court, M. Eve Hanan

Scholarly Works

No abstract provided.

Telling The Story On Your Timesheets: A Fee Examiner's Tips For Creditors' Lawyers And Bankruptcy Estate Professionals, Nancy B. Rapoport

Scholarly Works

This essay discusses how much of a lawyer’s embedded assumptions and cognitive errors can come across in something as simple as a time entry on a bill. So much can be revealed about how a lawyer views himself or herself in society and about the lawyer’s relationship with the client that it’s worth examining what we can find when we look at legal bills.

The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth

Scholarly Works

When invited to write an essay on clinical legal education honoring our friend, we were struck by the importance of a focus on clinical legal education in any collection of work paying tribute to Professor Deborah Jones Merritt. Legal education has benefited from a fifty-year movement for clinical education. This movement necessarily interrogates and seeks to overcome the anachronistic, inherited Langdellian paradigm that dominates and continues to define the curricula and policies of our law schools. But the movement for clinical education has been exponentially confounded by contemporary legal education’s shape as a pyramid of statuses and privileges accumulated over …

Looking Toward Brexit's Aftermath: Pharmaceutical Provisions Affecting The Nhs In A Future U.S.-U.K. Bilateral Trade Agreement, Ryan Rainey

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Do It Yourself Legal Services? Domestic Violence Victims May Depend On It, Sabrina Marquez

Seattle University Law Review

This Note will address how encouraging nonlawyer Internet programs to engage in limited areas frequently considered the “practice of law” will increase the ability of vulnerable groups, especially victims of domestic violence, to receive crucial—and potentially lifesaving—legal assistance.

Part I will outline the rise of Internet legal service providers (ILSPs), who have innovated software programs that help clients fill out and file a wide assortment of legal documents, as well as the negative response these services have received from state bar associations and the wider legal community. Part II will discuss why a different method of providing legal assistance is …

2021-2022 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Lawyer Ethics For Innovation, Renee K. Jefferson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Rising Popularity Of The Right To Counsel In Eviction Cases: Rationales Supporting It And Legislation Providing It, Natalie D. Fulk

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Children’S Place And Voice In Quebec’S Child Protection Proceedings, Mona Paré, Émilie De Bellefeuille

Canadian Journal of Family Law

This article explores children’s participation and their right to be heard in Quebec’s child protection proceedings. While children’s participation rights are well protected in international and domestic legal instruments, they have received little attention in relation to child protection. This article aims to fill a gap in the legal literature by reporting on the results of an empirical research project examining children’s participation in judicial child protection procedures in Quebec. The participation of judges, social workers, and children in this research sheds light on practice that is clearly inspired by the Quebec’s rights- advancing Youth Protection Act (YPA) …

Centering Racial Equity: Disparities Task Forces As A Strategy To Ensure An Equitable Pandemic Response, Dawn M. Hunter, Betsy Lawton

Saint Louis University Journal of Health Law & Policy

COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that the systems and structures that lead to these disparities need to be changed in order to achieve equitable outcomes.

This Article assesses efforts by cities, counties, states, and organizations to address the impact of COVID-19 on communities of color through formal task forces or working groups …

Diversity From The Perspective Of Corporate Boards And Lawyer Disciplinary Boards, Lissa L. Broome, John M. Conley

Saint Louis University Journal of Health Law & Policy

This Article addresses the organizing question of this symposium—whether diversifying state medical boards (SMBs) would improve their effectiveness in disciplining doctors—by drawing on the comparable experiences of corporate boards of directors and lawyer disciplinary boards. Reexamining our own qualitative study of corporate board diversity conducted several years ago, we find that almost of all of the arguments for board diversity raised in the business literature or our own interviews also tend to support diversity on SMBs. Reviewing the legal profession’s experience with the diversity question on lawyer disciplinary boards, we find that many of these arguments have also been recognized, …