Digital Commons Network^™

Who Sues The Supreme Court, And Why? Pro Se Litigation And The Court Of Last Resort, Jona Goldschmidt

Indiana Journal of Law and Social Equality

No abstract provided.

An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine

Barry Law Review

No abstract provided.

Decision-Making As An Essential Element Of Our Field, John M. Lande

Faculty Blogs

This post suggests that we think of our work as focused on process design, strategy, and decision-making in managing conflict. Our field seeks to help parties solve problems when they lack good (or sometimes any) practical dispute resolution options. This post describes such situations and identifies strategies to increase and improve parties’ decision-making.

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …

Assisted Reproduction: Reforming State Statutes After Obergefell V. Hodges And Pavan V. Smith, Thomas B. James

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Modernity And The Law: A Late Twentieth Century View, Robert P. Burns

Notre Dame Journal of International & Comparative Law

This Article explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in postliberal societies. It compares his views with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.

Legal System Network Effects And Global Legal Development, David C. Donald

Notre Dame Journal of International & Comparative Law

Law originates in local environments, yet can be transmitted globally or over time to new contexts and foreign or future users. At its origin, law arises in response to social needs, but once formalized it takes on a semantic life of its own in a network of users. A rule created in response to a random New York plaintiff could—with sufficient popularity—end up as the standard norm applied globally, regardless of its underlying suitability for specific local needs.

To better understand the consequence of these legal system network effects on global legal development, this Article applies Klausner’s network theory of …

Compelled Speech And The Irrelevance Of Controversy, Seana Valentine Shiffrin

Pepperdine Law Review

NIFLA v. Becerra stealthily introduced a new First Amendment test for compelled speech that has injected chaos into the law of compelled disclosures. NIFLA reinterpreted the requirement that compelled disclosures contain only “purely factual and uncontroversial information” in a way that imbued independent force into the “uncontroversial” component of that test. Yet, the Court failed to supply criteria for what sort of purely factual information would fail to qualify as “uncontroversial information” and identified no important free speech concerns that this new prong protects. This Article distinguishes seven different interpretations of “uncontroversial information.” It then assesses them to ascertain whether …

The Unintended Benefits Of Innovation, Ab Currie, Brandon D. Stewart

Canadian Forum on Civil Justice

The Legal Health Check-Up (LHC) attracted considerable attention among community legal clinics in Ontario beginning in 2013. The LHC began as a way for clinics to identify people experiencing legal and justice problems by partnering with various community groups to which people go for help with everyday problems. Using a questionnaire designed to draw out the legal aspects of everyday problems, community groups are able to exercise the gateway roles of problem spotting and referral by encouraging the people they assist to complete the check-up and contact the clinic for help with the legal aspects of their problems. The partnerships …

Measuring Impacts Of Legal Services – Bibliography, Network And Methodology, Trevor C. W. Farrow, Lisa Moore, Ab Currie

Canadian Forum on Civil Justice

The Canadian Forum on Civil Justice (CFCJ) was granted a Law Foundation of Ontario (LFO) Measuring Impacts and Progress: Small Grant ($25,000, 2019-2020). With the grant, the CFCJ – and its lead research team – created the “Measuring the Impact of Legal Service Interventions Project” (“MILSP”).

Measuring Impacts Of Legal Services – A Literature Review On Research Design And Methodology, Lisa Moore

Canadian Forum on Civil Justice

The purpose of this literature review is twofold. First, by exploring Canadian and international literature focussing on the measurement of justice, it is designed to support and promote much needed innovative, empirical, access to justice research. Specifically, it explores the use of longitudinal research methodologies and randomized controlled trials (RCTs) to gather data on outcomes and impacts in legal research and, to some extent, in disciplines outside of law. It is hoped that the bibliography, attached as Appendix I, will be useful for future research on these and related topics. Second, this literature review is drafted with a view towards …

Rules Versus Standards: A Moral Inquiry Into Washington's Character & Fitness Hearing Process, Jennifer Aronson

Washington Law Review

Historically, moral character inquiries within the state bar admission process have led to the exclusion of diverse and important voices from the legal profession, both consequentially and at times by design. Washington does not keep statistics on the race, ethnicity, gender, or economic class of bar applicants who are referred to character and fitness hearings, nor on the outcomes of those hearings. Examining how implicit bias and disparate outcomes interact in other areas of discretionary adjudicative decision-making illustrates the potential impact that the character and fitness process has on underrepresented communities in the legal profession.

In a criminal justice reform …

Hatching A Plan For Local Communities: Environmental Justice In Poultry Siting Decisions, Diana Stanley

Washington Journal of Environmental Law & Policy

One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and environmental impacts and have been underdiscussed in the environmental justice literature. This article focuses on the role of law and policy in concentrated animal feeding operation (CAFO) siting— from community benefit agreements to Right to Farm legislation. It uses a Kansas CAFO siting and the wider Kansas experience as a case …

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Catch Me If You Can: The Federal Government's Long-Winded Chase To Round Up Immigrants And Defund Sanctuary Cities, Monika Chawla

Villanova Law Review (1956 - )

No abstract provided.

The Cultural (Re)Turn: The Case For Teaching Culturally Responsive Lawyering, Danielle L. Tully

Faculty Scholarship

No abstract provided.

Navigating Technology Competence In Transactional Practice, Lori D. Johnson

Villanova Law Review (1956 - )

No abstract provided.

June 2020 Magazine

Ergo

No abstract provided.

Foreword: Preventing Human Trafficking, Jonathan Todres

Georgia State University Law Review

No abstract provided.

Medical-Legal Collaboration And Community Partnerships: Prioritizing Prevention Of Human Trafficking In Federally Qualified Health Centers, Kimberly S.G. Chang Md, Mph, Hamida Yusufzai, Anna Marjavi

Georgia State University Law Review

Human trafficking (HT) is increasingly recognized as a public health issue, and its severe consequences affect some of society’s most vulnerable members. Prioritizing prevention is a critical component of a public health framework when addressing HT, and the health care delivery system plays a crucial role in operationalizing primary, secondary, and tertiary prevention interventions. As a significant part of the primary care system in the U.S., Federally Qualified Health Centers (FQHCs) are uniquely positioned to be the first point of contact with the health care system for people at risk for and affected by HT. FQHCs provide many preventive services, …

Faculty Masthead

Georgia State University Law Review

No abstract provided.

The Regulation Of Lawyers In Compliance, Jennifer M. Pacella

Washington Law Review

The field of compliance has exploded in interest, attention, and growth over recent years. It has emerged as a popular career path for those trained in the law, giving rise to an influx of job opportunities for new law school graduates and seasoned attorneys alike. Additionally, compliance has tightened the essential interplay between business and law. Numerous compliance officers hold J.D. degrees and many also serve simultaneously as both an organization’s chief compliance officer and general counsel, thereby muddying the lines between which service constitutes the “practice of law,” requiring adherence to professional rules of responsibility, or non-legal work, where …

Taking The State To Court: A Study Of The Baha’I Case, Reem Awny Abuzaid

Archived Theses and Dissertations

No abstract provided.

Introduction: Legal Ethics In The Age Of Trump, Michael J. Gerhardt

North Carolina Law Review

No abstract provided.

Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop

Georgia State University Law Review

This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting …

Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.

Walk The Line: Aristotle And The Ethics Of Narrative, Lori D. Johnson, Melissa Love Koenig

Nevada Law Journal

Lawyers are storytellers who face tremendous pressure to persuade judges and juries of the rightness of their stories. Zealous advocacy has long been a touchstone in lawyering, but lawyers need to balance zealousness with candor to the tribunal. As narrative and storytelling have evolved in scholarship and practice as powerful tools for persuasion, lawyers can find themselves walking a delicate ethical line. The applicable Model Rules of Professional Conduct do not provide a sufficient framework for ensuring sufficient candor in the use of narrative, particularly when considering the cultural and psychological power inherent in stories. Thus, lawyers can find themselves …

[Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric And Lawyer Digital Public Commentary, Kirsten K. Davis

Nevada Law Journal

Arguably the contexts of speaking and writing for lawyers of ancient Greece and Rome and lawyers of today could not be more different. But, classical rhetorical theory, developed 2,000 years ago for face-to-face interactions in public squares and courtrooms, can be productively applied to improve our understanding of modern lawyers’ digital communication practices. This article first argues that lawyers have an ethical responsibility to write as “citizen lawyers” and provide legal commentary in the digital public sphere. Then, applying classical rhetorical theory, this article explores the problems and possibilities of lawyers’ digital rhetoric. The article is not a handbook of …

The Incomplete Process Of Fixing Alaska’S Domestic Violence Protective Order Statute, Samuel R. Buchman

Alaska Law Review

The Alaska legislature has codified, in section 18.66.100 of the Alaska Statutes, a process through which petitioners can seek a domestic violence protective order. Such an order offers petitioners a range of protections against a household member who has committed a crime of domestic violence. Most of the protections afforded under these orders last one year, and the means by which a petitioner could renew a domestic violence protective order has, until recently, remained unclear. In Whalen v. Whalen, decided in August 2018 by a three to two margin, the Alaska Supreme Court clarified that renewal process. The court …

The Alaskan Variable: A Call For Education Clause Analysis In School Funding Cases, Sarah Laws

Alaska Law Review

The provision of public education in Alaska is a task as monumental as the state itself, requiring innovative solutions to unique challenges faced within the state. The drafters of the Alaska Constitution understood this dilemma and granted the state legislature broad power under the education clause. Early supreme court jurisprudence interpreted this mandate broadly and granted considerable deference. However, recent school funding cases have seen the court’s jurisprudence shift to focus on different constitutional provisions and neglect an education clause analysis. The supreme court now has an opportunity to change this. Alaska Legislative Council v. Dunleavy is currently pending before …