Digital Commons Network^™

Critical Legal Power For Twenty-First Century Change, Martha T. Mccluskey

Contributions to Books

Published in Voices on Law and Activism: Addressing The Work of Adam Gearey, Maria Grahn-Farley, ed.

Third Party Funding Of Investment Arbitration, Maya Steinitz

Faculty Scholarship

This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party funding of investment arbitration; the effects of arbitration funding on the arbitral process; developments in national, international, and soft law governing investment arbitration funding; and the likely effects of third-party funding on the international bar.

Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party funding, also known as "dispute finance," is a controversial, dynamic, and evolving arrangement whereby an outside entity ("the funder") finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful.' It has been documented in more than sixty countries on six continents worldwide-including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this …

Reimagining Civil Case Management, Paula Hannaford-Agor

Faculty Publications

Court rules are necessary, but insufficient by themselves to address problems of cost and delay. Instead, state courts today are embracing a considerably broader view of civil case management, one that encompasses the total constellation of court rules, business practices, culture and governance, and staffing and technology infrastructure. Effective case management now recognizes the importance of five core components that are necessary to achieve timely, cost-effective, and procedurally fair justice: (1) triage to ensure that cases receive attention proportional to their needs; (2) process simplification to remove procedural barriers that unnecessarily complicate litigation; (3) stakeholder engagement to ensure clear communication …

The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas

Pace International Law Review

The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.

Why States Should Now Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage

Articles by Maurer Faculty

States are facing a severe budget crisis as a result of the coronavirus pandemic. And with the federal government unlikely to pass a relief bill to address those state budget issues,1 states will need to play a significant role in making up revenue shortfalls.

This is the first in a three-part series, which is a contribution to Project SAFE: State Action in Fiscal Emergencies. This essay will lay out the general case for why states should consider expanding their sales tax bases to more services as a response to the COVID-19 crisis. The follow-ups will discuss further mechanics and details …

Why States Should Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage

Articles by Maurer Faculty

States are facing a severe budget crisis as a result of the coronavirus pandemic. And with the federal government unlikely to pass a relief bill to address those state budget issues,1 states will need to play a significant role in making up revenue shortfalls.

This is the first in a three-part series, which is a contribution to Project SAFE: State Action in Fiscal Emergencies. This essay will lay out the general case for why states should consider expanding their sales tax bases to more services as a response to the COVID-19 crisis. The follow-ups will discuss further mechanics and details …

Kob-4 Interviews Serge Martinez: Landlords, Tenants Feel Impact Of State Eviction Moratorium, Serge A. Martinez

Faculty Scholarship

"A lot of folks in New Mexico have month-to-month leases that come up for renewal every 30 days or so, and even folks that have longer leases, it's been nine months since the Supreme Court issues their order so a large percentage of leases in New Mexico have come up for renewal in that time period,” said Serge Martinez, a professor at UNM School of Law.

View story at KOB-4

Lira In Criminal Cases, John Lande

Faculty Blogs

This post describes how the LIRA framework can be adapted in criminal cases and used in plea bargaining. It suggests how to calculate and use bottom lines in these cases.

Week Of December 14, 2020 - December 18, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Jacob Burns Center for Ethics in the Practice of Law

Assessing The Unethical Phenomenon Behind Hollywood’S Handshake Agreements, Daniel Rico

University of Miami Business Law Review

The Hollywood Film Industry has maintained a unique characteristic of allowing substantial capital investments to regularly proceed on the basis of oral (“handshake”) agreements.1 These handshake agreements result in an uncertain threat of legal enforcement and an increased exposure to contract liability. Nevertheless, handshake contracts have become so prevalent in Hollywood’s entertainment industry that no matter one’s opinion on the merits of using these contracts, attorneys have conformed to this longstanding tradition in order to stay competitive.

As a result, this longstanding practice of conducting business through handshake agreements has contributed to another time-honored Hollywood tradition: contract disputes. Hollywood’s flexible …

Unm Newsroom Interviews Nathalie Martin: Unm Law Professor Practices Yoga And Meditation In Stressful Times, Nathalie Martin, Maggie Branch

Faculty Scholarship

A professor at The University of New Mexico School of Law has become a very accomplished Yogi – someone who studies and is proficient in yoga. Nathalie Martin, who has been a part of the UNM law faculty since 1998, was featured in a magazine put together by the Property Brothers and HGTV regarding her Yogi status.

The Middle Ground: A Meaningful Balance Between The Benefits And Limitations Of Artificial Intelligence To Assist With The Justice Gap, Katherine L. W. Norton

University of Miami Law Review

Access to justice continues to be an ongoing battle for those who cannot afford an attorney in civil legal matters. These civil legal matters touch issues that significantly impact daily life, from issues relating to health, such as advance directives, to family, such as custody of children. Lawyers, courts, and scholars have attempted to tackle this ongoing problem in our justice system. Some suggest that providing free counsel for all civil legal matters is the solution, while others suggest that self-help materials provide more immediate access to services and information. Regardless of the position one takes, the need is clear …

Week Of December 7, 2020 - December 11, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Chabad at Cardozo
• Jacob Burns Center for Ethics in the Practice of Law

An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo

Senior Honors Theses

This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt …

Gender Pay Discrimination & The Equal Pay Act: Legal Research & Methods, Emily Sullivan

Law Student Works

More than 50 years since the Equal Pay Act (1963) was passed, the subject of wage inequality between the sexes remains a critical topic for women, members of Congress, advocacy groups, business and legal communities. Within the last decade, the legal community has seen a wave of litigation alleging discrimination across a wide variety of industries, including within the legal field itself. Wage discrimination has negative consequences for women, communities, and employers—discrimination in the workplace is inefficient and resulting litigation is costly.

In this Pathfinder guide, you will find a brief background on the Equal Pay Act as it pertains …

Student And Career Services Newsletter 02, Office Of Student And Career Services

Student and Career Services Newsletter

November-December 2020

December 2020 Magazine

Ergo

No abstract provided.

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty

Northwestern Journal of Law & Social Policy

No abstract provided.

Balancing Services And Safety During The Pandemic: One Law Library’S Story, Virginia C. Thomas

Library Scholarly Publications

Michigan’s academic law libraries, which have provided access to their extensive collections to legal professionals and pro per patrons alike, have had to rethink how to do so in effective, but contactless, ways. In the middle of this pandemic, how can we continue to get legal information to those who need it— and safely?

Court-Appointment Compensation And Rural Access To Justice, Hannah Haksgaard

Faculty Publications

Hourly rates paid to court-appointed lawyers impact access to justice. Court appointed lawyers provide necessary counsel in civil and criminal cases, yet hourly rates in many jurisdictions are so low that many lawyers cannot afford to take court-appointed cases. This article argues that low hourly rates cause problems: namely, appointed lawyers will be insufficient in number, inaccessible to their clients, and sometimes even ineffective. These problems are heightened in rural America where they are compounded by geographical distance and the rural lawyer shortage. This article concludes by suggesting a number of policy solutions.

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte

Journal of Law and Policy

Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …

Billing Without Bilking: Regulating Time-Based Legal Fees, Noel Semple

Dalhousie Law Journal

The billable hour is the most common method for calculating legal fees in Canada. Codes of conduct state that time-based fees must be “fair and reasonable” and “disclosed in a timely fashion,” but provide very little additional guidance. Throughout a time-based retainer, lawyers and clients are confronted with ethical ambiguity. This creates both opportunities for exploitation and conflicts of interest.

This article argues that clear rules and efficient procedures are required to determine what specific billing and disclosure practices are “fair,” “reasonable,” and “timely.” Detailed rules are already replacing vague standards for contingency fees, and time- based fees should move …

Unifying The Field: Mapping The Relationship Between Work Law Regimes In Ontario, Then And Now, Claire Mumme

Dalhousie Law Journal

Since the mid-20th century in Canada, labour and employment law have been treated as two separate but related fields. In 1981 Brian Langille argued in “Labour Law is a Subset of Employment Law” for the unification of the fields, so that all forms of waged work were understood as matters of public policy, rather than leaving some types of work to private law regulation. Taking up Langille’s argument, this paper argues that employment contracts, individual and collective, are structured through the overlap, interaction and gaps between work law regimes. The creation of a unified field moves from studying the regimes …

Artificial Intelligence, The Law-Machine Interface, And Fair Use Automation, Peter K. Yu

Faculty Scholarship

From IBM Watson's success in Jeopardy! to Google DeepMind's victories in Go, the past decade has seen artificial intelligence advancing in leaps and bounds. Such advances have captured the attention of not only computer experts and academic commentators but also policymakers, the mass media and the public at large. In recent years, legal scholars have also actively explored how artificial intelligence will impact the law. Such exploration has resulted in a fast-growing body of scholarship.

One area that has not received sufficient policy and scholarly attention concerns the law-machine interface in a hybrid environment in which both humans and intelligent …

The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Legal Ethics And Judicial Law Clerks: A New Doctrinal Account, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Judicial law clerks are largely overlooked in the Canadian legal literature. This article provides a new doctrinal account of the ethical obligations of law clerks that is rooted in the fact that at least some of the major work of law clerks constitutes the practice of law—and thus that law clerks’ ethics are lawyers’ ethics. It argues that the lawyer’s duty to encourage respect for the administration of justice transposes some of the ethical obligations of the judge into professional obligations of the law clerk. The article also argues that the law societies’ regulatory and disciplinary jurisdiction over law clerks …