Digital Commons Network^™

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.

Mass Torts: Dispute Resolution In France And The United States--The Vioxx And Mediator Cases Compared, Fred Einbinder Mr.

Washington International Law Journal

Dispute resolution in legal systems has largely been designed for handling issues between small groups of individuals or organizations. Obtaining legal redress for those injured by mass torts and using the law as a means to prevent future occurrences has presented challenges for the development of effective dispute resolution mechanisms to obtain relief for plaintiffs and deter future tortfeasors. A comparison of French and American mass tort law and practice offers a fertile field for useful comparative study given the significant differences in approach taken by each country’s legal system. These differences derive as much from history, politics, the attitudes …

Korean Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee

Washington International Law Journal

In 2009, Korea implemented a law school educational system, which not only changed the legal education system, but the legal landscape as a whole. This has led to rapid growth in the number of attorneys. Although the increased number of attorneys has resulted in lower barriers to accessing justice, it has also brought the unintended consequence of cut-throat competition. With the number of disciplinary actions rising by four-fold in the last three years, the current version of the Korean Code of Ethics for Attorneys is certainly a step in the right direction but may not be enough to strengthen attorneys’ …

Translation: The Korean Bar Association's Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee

Washington International Law Journal

No abstract provided.

Developing Privacy Best Practices For Direct-To-Public Legal Apps: Observations And Lessons Learned, Teresa Scassa, Amy Salyzyn, Jena Mcgill, Suzanne Bouclin

Canadian Journal of Law and Technology

Canada’s access to justice problem is undeniable. Too many people are unable to get the help they need when they experience legal issues. The reasons underlying this problem are multi-faceted and complex. One major barrier to effectively accessing justice is the cost of legal services; the fees associated with hiring a lawyer are often prohibitive. Increasingly, technology is advanced as a potential solution to the unaffordability of conventional legal services. Courts have tried to create efficiencies by, for example, allowing for e-filing and video- conferenced testimony, where appropriate. For lawyers, new technology products emerge almost daily to help streamline tasks …

The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article examines the key societal developments underpinning the growth of mediation in Singapore with the view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an advisor role to the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator’s role has resulted in uncertainty …

The Weinstein Company Bankruptcy, Mason Shelton, Trevor Torres

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash

BYU Law Review

No abstract provided.

School To Students: Post That, And You Won't Play, Ashley Waddoups

BYU Law Review

No abstract provided.

Treating Poverty: Legal Tools For Health-Harming Needs, Alice Setrini

DePaul Law Review

No abstract provided.

Rethinking The Impact Of Third-Party Funding On Access To Civil Justice, Victoria Shannon Sahani

DePaul Law Review

No abstract provided.

Doing Unrepresented Status: The Social Construction And Production Of Pro Se Persons, Victor D. Quintanilla

DePaul Law Review

No abstract provided.

Civil Procedure And Economic Inequality, Maureen Carroll

DePaul Law Review

No abstract provided.

Cardozo Law News Brief: May 21, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Betsy Ginsberg
• Jocelyn Getgen Kestenbaum
• Jessica Roth
• Ekow N. Yankah
• Christopher Buccafusco
• Lela Love

Campus News:

• Cardozo Welcomes 49 Members of the May Class of 2023
• CLIHHR Introduces Law Teaching Guides to Confront Structural Violence
• 3L Students Victoria Jeon and Yael Ben Tov Awarded Equal Justice Works Fellowships

Events:

• Toast the Class of 2022
• Virtual Celebration and Conferral of Degrees

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Roger Williams University School Of Law Commencement, May 15, 2020, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers

University of the District of Columbia Law Review

On January 3, 2019, Congresswoman Eleanor Holmes Norton, the District of Columbia's (the "District') nonvoting delegate to the House of Representatives, reintroduced the Washington, D.C. Admission Act, which would make much of the District the 51st state. While Norton had made a tradition of opening each new Congress by introducing D.C. democracy bills, the context this time gave District advocates more reason to be optimistic. With the Democrats gaining control of the House, the bill gained a record 155 original cosponsors, and Representative Elijah Cummings, chair of the House Committee on Oversight and Reform, committed to holding a hearing on …

Into The "Vortex Of Legal Precision": Access To Justice, Complexity, And The Canadian Tax System, Colin Jackson

PhD Dissertations

This thesis is an exploration of access to justice issues in the Canadian tax system. Drawing on the work of Roderick Macdonald, it argues for a broad conception of access to justice based on the empowerment of individuals in all of the sites, processes, institutions where law is made, administered, and applied. It argues that tax law shows the usefulness of this comprehensive approach to access to justice. Using the comprehensive approach to access to justice, the thesis goes on to argue that legal complexity should be seen as an important access to justice issue in tax law. It lays …

Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria

American Indian Law Journal

No abstract provided.

Hryniak, The 2010 Amendments, And The First Stages Of A Culture Shift?: The Evolution Of Ontario Civil Procedure In The 2010s, Gerard Joseph Kennedy

PhD Dissertations

This dissertation investigates the effects of amendments to Ontarios Rules of Civil Procedure that came into effect on January 1, 2010 (the 2010 Amendments) and were subject to interpretation by the Supreme Court of Canada in a 2014 decision (Hryniak). Hryniak concerned summary judgment. However, the dissertation largely concentrates on the effects of Hryniak and the 2010 Amendments outside the summary judgment context, inquiring into whether Hryniaks call for a culture shift and the 2010 Amendments enshrinement of the principle of proportionality have had noticeable effects. It does this by analyzing three aspects of Canadian procedural law that were not …

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Judge Frank M. Coffin: An Examined Life, Dr. Richard J. Maiman

Maine Law Review

No abstract provided.

Digital Court Records Access: Social Justice And Judicial Balancing, Peter J. Guffin

Maine Law Review

With its transition from paper to electronic records, the state court system in Maine is entering new, uncharted territory. In drafting rules regarding public access to electronic court records, a critical issue facing the court system is how to go about balancing the privacy interests of the individual and the state’s interest in providing transparency about the court’s operations. Both interests are important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing process, although the product of a …

Fee Shifting: A Proposal To Solve Maine’S Intractable Access To Justice Problem, Donald F. Fontaine

Maine Law Review

The Maine Legislature should enact a new statute to award attorney’s fees in civil cases to poor litigants against their opponents. Under the proposed statute the opponent must be a corporation or other legal entity and the poor litigant must be the prevailing party in the case. The statute proposed is needed because multiple studies show that there has been an unrelenting decline during the last four decades of the poor’s access to justice. Their numbers increase and the support of the federal government declines. For those who find themselves in legal positions opposing the poor, there is little deterrent …

Multidisciplinary Practices: What Is Wrong With The Legal Profession’S Ethics Rules?, Jennifer R. Garcia

Saint Louis University Law Journal

No abstract provided.

Conversations From Invisible Neighbors: Fighting The Stigma Of Homelessness In Chicago, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Fordham Law Review

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.

Measuring "Access To Justice" In The Rush To Digitize, Amy J. Schmitz

Faculty Publications

Access to Justice (A2J) is the hot topic of the day, energizing Twitter and judges alike. Meanwhile, professors and policymakers join in song, singing the praises of online dispute resolution (ODR) as means for expanding A21. This is because ODR uses technology to allow for online claim diagnosis, negotiation, and mediation without the time, money, and stress of traditional court processes. Indeed, courts are now moving traffic ticket, condominium, landlord/tenant, personal injury, debt collection, and even divorce claims online. The hope is that online triage and dispute resolution systems will provide means for obtaining remedies for self-represented litigants (SRLs) and …

What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.