Digital Commons Network^™

No Right To Counsel, No Access Without: The Poor Child’S Unconstitutional Catch-22, Lisa V. Martin

Florida Law Review

In the midst of the push for universal access to counsel in civil cases and the increasing proportion of litigants who represent themselves, a critical barrier to access to justice for children has been overlooked. Federal courts have created a catch-22 for child litigants. Children cannot bring claims themselves, so parents must bring the claims on their behalf. Federal courts refuse to allow parents to pursue these claims pro se, stating that parents cannot provide adequate legal representation. Yet, there is no right to counsel in civil cases, and these same courts typically conclude the children’s cases do not warrant …

The Appearance Of Professionalism, Elizabeth B. Cooper

Florida Law Review

The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, religiously observant persons, and those who inhabit intersectional identities are among those who disproportionately remain excluded from the dominant culture and centers of power in the legal profession.

Expectations of appearance conformity create profound concerns that go well beyond style preferences, raising questions of autonomy and …

Addressing Due Process Concerns: Evaluating Proposals For Civil Asset Forfeiture Reform, Kelly Milliron

Florida Law Review

Civil asset forfeiture compromises criminal due process protections for the sake of allowing the government to take property from citizens and pocket the profits. Within the last decade, several news outlets have reported instances where law enforcement agencies took property from citizens–without arresting or convicting them–and spent the proceeds from seized cash, homes, or vehicles on their own agencies. Because the government is often only required to prove that the property was associated with criminal activity by a preponderance of the evidence, many citizens are left without the resources or ability to defend their property, even when they are innocent. …

Blazed And Confused: The Hazy Legal Ethics Of The Cannabis Craze And How Oklahoma Can Clear The Air For Its Attorneys, Jay Kendrick

Tulsa Law Review

No abstract provided.

Dean's Desk: Iu Maurer Research Focusing On Most Topical Issues Of 2020, Austen L. Parrish

Austen Parrish (2014-2022)

The three major stories of 2020 — the COVID-19 pandemic, the heightened awareness of racial injustice and the election — have made this year one that we will remember. While we couldn’t have envisioned all that would happen at the beginning of the year, our faculty are producing useful and thought-provoking scholarship on all these topics.

I often use my Dean’s Desk columns to celebrate student and alumni achievement, to describe new and innovative programs in our curriculum, or to share how the law school supports and collaborates with community organizations and the courts to provide pro bono legal services …

Let’S Pick Up Where We Left Off 25 Years Ago To Expand Access To Civil Justice In Canada, Ab Currie

Canadian Forum on Civil Justice

The 2020 World Justice Project (WJP) Rule of Law Index ranks Canada 9th overall out of 128 countries on a composite rule of law index made up of 8 factors. In this latest version of the WJP Rule of Law Index Canada ranks 9th on constraints on government powers, 9th on absence of corruption, 9th on open government, 9th on respect for fundamental rights, 9th on order and security, 11th on regulatory enforcement, 10th on criminal justice and, much lower than the other rule of law indicators, 19th globally on civil justice. Canada’s overall score is 0.81 out of 1.00. …

The Asylum Search: How The Supreme Court's Potential Ruling In The East Bay Sanctuary V. Barr Case May Change Our Interpretation Of Asylee Rights Through The Honduras Deal, Reeve Churchill, Wislande Francisque

Fordham Undergraduate Law Review

In this Note, the authors Reeve Churchill and Wislande Francique will examine the changing interpretation of asylee rights by analyzing the Honduras Deal, the 9th District Court case East Bay Sanctuary v. Barr (2020), and Trump v. Hawaii. The Honduras Deal is evidence of the Trump Administration’s harsh restrictions towards asylum seekers. This note will contextualize the Honduras Deal through the examination of two court cases: East Bay Sanctuary v. Barr and Trump v. Hawaii. In the latter case, the Supreme Court ruled that the President has the power to bar entry to any group of immigrants that he feels …

Diversity And Inclusion Update, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Learn more about the University's relationship with the Potawatomi and other Native American groups.

Briefing Note: Aligning International Investment Agreements With The Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

The Role Of The Opioid Crisis In Elder Abuse, Kimberly I. Snow Mhsa, Jennifer Pratt, Stuart Bratesman Mpp

Disability & Aging

As the opioid crisis has deepened over the past twenty years, its effect on individuals and families, including older adults, has grown. To find out how the opioid crisis might be impacting elder abuse, neglect, and exploitation in Maine, we conducted a mixed methods analysis of 2015-2018 Maine Adult Protective Services (APS) investigations to determine: 1) Did opioid-related investigations increase over time? 2) Do investigations involving opioid misuse or abuse differ from investigations that don’t involve opioids? 3) What themes or features of cases involving opioid misuse or abuse by clients and/or perpetrators emerge from the data?

Key Findings: The …

Zccm Investment Holdings Plc V Konkola Copper Mines Plc And Vedanta Resources Holdings Ltd 2019/Hp/0761, Sangwani Patrick Ng’Ambi

SAIPAR Case Review

No abstract provided.

Okafor V Nweke [2007] 10 Nwlr (Pt. 1043) 521, Oluwakemi A. Dowodu-Sipe

SAIPAR Case Review

No abstract provided.

Accommodating Legal Ignorance, Stewart E. Sterk

Cardozo Law Review

No abstract provided.

Inside State Courts: Improving The Market For State Trial Court Law Clerks, Judson R. Peverall

University of Richmond Law Review

The power of state trial courts is tremendous. Charged with resolving 95% of the nation’s legal cases, state trial judges decide “the law” for thousands of litigants and criminal defendants every year, not to mention countless others impacted or bound by their decisions. Yet for decades state judges and academics have warned of a “crisis in the courts.” Many state courts today remain chronically underfunded, although they rarely ever compose more than 1% of the average state budget (and never more than 2%). State chief judges have decried the waning quality of state courts, arguing that inadequate funding has led …

Extended Collective Licensing As Rights Clearance Mechanism For Online Music Streaming Services In Canada, Lucie Guibault

Canadian Journal of Law and Technology

According to the statistics compiled by the International Federation of the Phonographic Industry (IFPI), online paid streaming is currently the fastest growing segment of the recorded music market, with a 33% global revenue increase in 2018. Subscription-based services offering legal online paid streaming of music have now reached all corners of the planet. Among the most well-known services are Apple Music, Amazon Prime, Deezer, Google Play, Soundcloud, and Spotify. The creation and continued functioning of such services are contingent on the capacity of the service exploiters to clear all copyrights in the offered music repertoire, for the territory of operation. …

Proactive Regulation Of Prosectors' Offices: Strengthening Disciplinary Committees' Oversight Of Prosecutors' Offices Across The United States With Aba Model Rule 5.1, Caitlyn B. Holuta

Fordham Law Review

In the United States, there are currently several mechanisms to deter prosecutorial misconduct, including judicial orders, civil litigation by defendants, enforcement actions by disciplinary authorities, and internal discipline within a prosecutor’s office. Despite these many avenues of oversight, none have successfully prevented misconduct to the degree society demands. Several international legal systems have adopted regulatory frameworks based on the theory of proactive management-based regulation, which mitigates against unethical conduct by requiring attorneys to selfassess their internal ethics policies against a rubric of ethics goals set by ethics and disciplinary authorities. While most U.S. jurisdictions have not adopted proactive management-based regulations, …

An Interprofessional Approach To Teaching Advocacy Skills: Lessons From An Academic Medical-Legal Partnership, Vicki W. Girard, Eileen S. Moore, Lisa P. Kessler, Deborah F. Perry, Yael Cannon

Georgetown Law Faculty Publications and Other Works

Medical students and educators recognize that preparing the next generation of health leaders to address seemingly intractable problems like health disparities should include advocacy training. Opportunities to acquire the knowledge and skills needed to effectively advocate at the policy level to promote systems-, community-, and population-level solutions are a critical component of such training. But formal advocacy training programs that develop and measure such skills are scarce. Even less common are interprofessional advocacy training programs that include legal and policy experts to help medical students learn such skills.

This 2016–2017 pilot study started with a legislative advocacy training program for …

Week Of October 26, 2020 - October 30, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Antitrust Society
• Black Asian & Latino Law Students Association (BALLSA) Alumni Group
• Black Law Students Association (BLSA)
• Cardozo Alumni Mentor Program (CAMP)
• Cardozo Art Law Society
• Cardozo Center for Public Service Law
• Cardozo Dispute Resolution Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Health Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Office of Diversity & Inclusion
• Cardozo Office of Student Services & Advising
• Cardozo Public Service …

Global Dispute Resolution Conference: Reflections, Trends, And Continued Development, Alexine Carr, Sukhsimranjit Singh

Pepperdine Dispute Resolution Law Journal

The Global Dispute Resolution Conference brought together scholars, students, attorneys, and professionals from across the country. Co-hosted by Pepperdine’s Straus Institute for Dispute Resolution and Prince Mohammad Bin Fahd University, the event drew perspectives from a wide range of cultures, areas of ADR, and career experiences. Grouped into two full days with distinct focuses, the conference covered topics from commercial ADR to the significance of history, culture, and faith. To open the discussion, Professor Muamar Salameh of PMU spoke to the audience on the importance of accepting the global differences in legal systems within international dispute resolution. His remarks were …

Litigating Welfare Rights: Medicaid, Snap, And The Legacy Of The New Property, Andrew Hammond

Northwestern University Law Review

In 2017, the Republican-controlled Congress was poised to make deep cuts to the nation’s two largest anti-poverty programs: Medicaid and the Supplemental Nutrition Assistance Program (SNAP), commonly known as “food stamps.” Yet, despite a unified, GOP-led federal government for the first time in over a decade, those efforts failed. Meanwhile, the Trump Administration and its allies in state government continue to pursue different strategies to roll back entitlements to medical and food assistance. As public interest lawyers challenge these agency actions in federal court, roughly five million Americans’ health insurance and food assistance hang in the balance. This Article asks …

Panel 1: Econometrics And Modeling For Mergers Globally, Renée Duplantis, Konstantin Ebinger, Thorsten Mäger, Loren Smith, Justin Stewart-Teitelbaum

Fordham Competition Law Institute

No abstract provided.

Expansion Of New Law In Southeast May Stave Off Black Land Loss, Thomas W. Mitchell, Sarah Stein, Ann Carpenter

Faculty Scholarship

Landownership and homeownership are significant contributors to the creation of wealth and thus, drivers of intergenerational economic mobility. However, many people who have inherited family land are unable to realize these opportunities because of the legal effect of their particular form of landownership, often called heirs' property. These landowners are more likely to lose their land through what is known as a partition sale—a property sale resulting from a dispute between co-owners, often ignited by an outside party with an investment interest in the land. This Partners Update article explores the repercussions of heirs' property ownership and examines legislative solutions …

The Jail Accountability & Information Line: Early Reflections On Praxis, Souheil Benslimane, Sarah Speight, Justin Piché, Aaron Doyle

Journal of Law and Social Policy

Poor conditions of confinement and human rights violations have been commonplace at the Ottawa-Carleton Detention Centre (OCDC) since it opened in the early 1970s. Recently, the deplorable treatment of provincial prisoners at OCDC has been documented in reports by the Ontario Ombudsperson, the Ontario Human Rights Commission, the Independent Review of Ontario Corrections, the Community Advisory Board (established in 2014), the OCDC Task Force (established in 2016) and coronial inquests. Despite the avalanche of recommendations flowing from these reform-oriented interventions, pressing human rights issues persist at the facility—ranging from inedible food to inadequate health care that has contributed to preventable …

Medical Marijuana: Implications Of Evolving Trends In Regulation, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.

Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone

The Journal of Law and Education

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 2, Fall 2020

Nebraska Transcript

Dean's Message - Richard Moberly 1

Professor Anthony Schutz focuses on pedagogy, research as College’s new associate dean for faculty 4

Women Lead 2020 conference spurs attendees to ‘Claim Your Power’ 6

Molly Brummond honored for her outstanding contributions to women 10

John Lenich honored for work with students 12

Bobby Larsen selected as American Constitution Society Next Generation Leader 13

Anna Shavers receives Nebraska Bar Association 2020 Diversity Award 13

Sullivan’s Tenant Assistance Project represents renters facing eviction 14

Alumni, Tenant Assistance Project, a projected conceived by alumna Mindy Rush Chipman, ’07, and professor Ryan Sullivan, ’10, honored with …

For The Betterment Of All Mankind Claiming The Benefits Of Outer Space Through Intellectual Property Rights, Maeve Dineen

UC Law Science and Technology Journal

No abstract provided.

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

The Elitification Of The U.S. Supreme Court And Appellate Lawyering, H. W. Perry Jr.

South Carolina Law Review

No abstract provided.

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll

Indiana Law Journal

A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding. …