Digital Commons Network^™

Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles

University of Arkansas at Little Rock Law Review

No abstract provided.

Female Student Patient "Privacy" At Campus Health Clinics: Realities And Consequences, Lynn M. Daggett

University of Baltimore Law Review

No abstract provided.

"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

"Practicing criminal law as a woman is like playing tackle football in a dress.” Andrea George, Executive Director of the Federal Public Defender for Eastern Washington and Idaho, began her testimony to the American Bar Association’s Women in Criminal Justice Task Force with that powerful observation. In the wake of the #MeToo movement, the ABA has focused on ways to enhance gender equity in the profession and in the justice system. The Criminal Justice Section of the ABA has invested significant resources in the creation of the Women in Criminal Justice Task Force (WCJ TF), which launched its work in …

The Limits Of Medical X-Pertise: Gender Markers In A Pandemic, Heron Greenesmith, Andy Izenson

Faculty Scholarship

The world changed drastically in 2020. The pandemic has far reaching consequences, and so too do the current civil rights movements and the struggle for gender justice and liberation. This Article seeks to describe a moment in time, a moment of doubt of how one 's gender and race will predict one 's ability to survive the pandemic-not simply COVID-19, but the pandemic writ-large and all the wrenches it has thrown into the health-care machine. How do those of us standing at the edge of a gender revolution navigate these waters? Will our health be the price we pay for …

Shutdown: How The Trump Shutdown Threatened The Fiscal Constitution, Charles Tiefer

University of Dayton Law Review

No abstract provided.

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

University of Dayton Law Review

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

The Independent Board As Shield, Gregory H. Shill

Washington and Lee Law Review

The fiduciary duty of loyalty bars CEOs and other executives from managing companies for personal gain. In the modern public corporation, this restriction is reinforced by a pair of institutions: the independent board of directors and the business judgment rule. In isolation, each structure arguably promotes manager fidelity to shareholder interests—but together, they enable manager prioritization. This marks a particularly striking turn for the independent board. Its origin story and raison d’être lie in protecting shareholders from opportunism by managers, but it functions as a shield for managers instead.

Numerous defects in the design and practice of the independent board …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• An Update from the Deans: Q & A
• COVID-19 Special Report
• Celebrating 50 Years of Experiential Education
• Kramer Law Clinic Timeline
• Black Law Students Association Celebrates 50th Anniversary
• A Message from Associate Dean for Diversity and Inclusion Bryan Adamson (LAW '90)
• Featured Alumni (Alumni Q&A)
• John Sopko Serves as Inspector General for Afghanistan Reconstruction
• Susie Ruth Powell is Centennial Award Winner
• Jennifer Riedthaler Williams Appointed as Immigration Judge in Cleveland
• CWRU Law Alumnus Appointed Canada's New Minister of Foreign Affairs
• New Book by Capricia Penavic Marshall (LAW '90)
• Ann Brennan Makes $2.5 Million Gift to Support Law …

Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace

Articles & Chapters

Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …

Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney

Faculty Scholarship

Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"One of the roles of lawyers is to facilitate compromises among those who do not share a common vision for our society and to embed those compromises in laws and institutions." – D. Gordon Smith

(Not The) Same Old Story: Invisible Reasons For Rejecting Invisible Wounds, Jessica Lynn Wherry

Georgetown Law Faculty Publications and Other Works

Thousands of former military servicemembers have been discharged with other-than-honorable discharges due to misconduct that can be traced to a mental health condition. These veterans may request a post-discharge change to their discharge characterization—known as a “discharge upgrade.” Discharge review boards consider discharge upgrade requests and typically (90-99% of the time) deny the requests. In the past few years, the Department of Defense has issued new policy guidance partly in response to the low grant rate and to specifically address the growing understanding of the relationship between misconduct and mental health conditions for military servicemembers. The policy guidance requires the …

Law And Covid-19, Aurelio Gurrea-Martinez, Yihan Goh, Mark Findlay

Research Collection Yong Pung How School Of Law

This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the …

The State Of Legal Innovation In Asia-Pacific 2020, Jerrold Soh, Kok Thong Lee

Research Collection Yong Pung How School Of Law

This year's report is the second in two years and contains a number of substantial improvements. Most significantly, it has expanded to cover Brazil, Indonesia, Mexico, New Zealand, and the Philippines, providing a fascinating look at legal technology and innovation in these important yet perhaps overlooked APAC jurisdictions.

Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application Of Liberal Consideration For Veterans With Post-Traumatic Stress Disorder, Jessica Lynn Wherry

Georgetown Law Faculty Publications and Other Works

In recent years, the Department of Defense (DoD) has responded to the growing awareness of mental health issues for military servicemembers during and after service. This Article focuses on veterans who have already been discharged from service, and specifically those who have been discharged under other-than-honorable conditions for misconduct that is likely the result of a mental health condition, including post-traumatic stress disorder (PTSD), traumatic brain injury, sexual assault, or sexual harassment. Thousands of former servicemembers have been kicked out of the military for misconduct rather than treated for mental health conditions they experienced due to their military service. When …

The Current Anxiety About Jd Advantage Jobs: An Analysis, Susan D. Carle

San Diego Law Review

This Article will proceed in three parts. Part II provides background on how major changes in politics, economics, social organization, and conceptions of law produce change in the work lawyers do. Section II.A examines earlier eras and Section II.B situates the current changes taking place in the legal profession in this history of transformation. Section II.C examines current anxiety about JD Advantage jobs and Section II.D locates this anxiety in the forces currently producing change in how law work is organized.

Part III then undertakes a detailed empirical assessment of the publicly available data on the growth in JD Advantage …

California's Civil Grand Juries And Prison Conditions 2007-2017, Nkem Adeleye, Anne Richardson Oakes, Julian Killingley

San Diego Law Review

In this Article we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007–2017 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight, but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of its statutory duties.

Uniform Maine Citations, 2020 - 2021 Edition (Superseded), Michael D. Seitzinger, Charles K. Leadbetter, Sara T.S. Wolff

Uniform Maine Citations

Uniform Maine Citations is organized so that similar types of references to Maine authorities appear together. The organization is grouped by primary or secondary research materials, including subdivisions for (1) statutory and legislative materials, including constitutions, statutes, legislative documents, and municipal ordinances; (2) court decisions, rules, and documents; (3) executive agency regulations, reports, and other documents; and (4) secondary materials that analyze and interpret the primary materials, including Maine-specific treatises, practice books, and legal periodicals. Beyond guidance for proper citation, the primary and secondary sources identified in this edition constitute a useful catalog of materials available to support research into …

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.

Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman

Chicago-Kent Law Review

No abstract provided.

Poverty Lawgorithms A Poverty Lawyer’S Guide To Fighting Automated Decision-Making Harms On Low-Income Communities, Michele E. Gilman

All Faculty Scholarship

Automated decision-making systems make decisions about our lives, and those with low-socioeconomic status often bear the brunt of the harms these systems cause. Poverty Lawgorithms: A Poverty Lawyers Guide to Fighting Automated Decision-Making Harms on Low-Income Communities is a guide by Data & Society Faculty Fellow Michele Gilman to familiarize fellow poverty and civil legal services lawyers with the ins and outs of data-centric and automated-decision making systems, so that they can clearly understand the sources of the problems their clients are facing and effectively advocate on their behalf.

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.

Vol. 59, No. 04 (September 14, 2020)

Indiana Law Annotated

No abstract provided.

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Villanova Law Review (1956 - )

No abstract provided.

Greening The Desert, Pamela R. Metzger, Kristin Meeks, Jessica Pishko

Deason Center Reports

Greening the Desert brings a criminal justice lens to the phenomenon of legal deserts in small, tribal, and rural (STAR) communities—vast areas with few, if any, practicing attorneys. The report explores STAR criminal justice communities and describes strategies and initiatives to green these criminal law deserts. Using case studies, the report offers concrete examples of successful innovations. It also includes cautionary notes about risks that may arise with the implementation of strategies to recruit, train, and retain STAR practitioners.

Lawyers Democratic Dysfunction, Leah Litman

Articles

As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.

Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward

Nevada Law Journal

The current discussions around algorithms, legal ethics, and expanding legal access through technological tools gravitate around two themes: (1) protection of the integrity of the legal profession and (2) a desire to ensure greater access to legal services. The hype cycle often pits the desire to protect the integrity of the legal profession against the ability to use algorithms to provide greater access to legal services, as though they are mutually exclusive. In reality, the arguments around protecting the profession from the threats posed by algorithms represent an over-fit in relation to what algorithms can actually achieve, while the visions …

Primer On Risk Assessment For Legal Decision-Makers, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This primer is addressed to judges, parole board members, and other legal decisionmakers who use or are considering using the results of risk assessment instruments (RAIs) in making determinations about post-conviction dispositions, as well as to legislators and executive officials responsible for authorizing such use. It is meant to help these decisionmakers determine whether a particular RAI is an appropriate basis for legal determinations and whether evaluators who rely on an RAI have done so properly. This primer does not take a position on whether RAIs should be integrated into the criminal process. Rather, it provides legal decision-makers with information …