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Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez

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

Abstract forthcoming.

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

Fordham Law Review

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 A2J. 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 …

Examining The Case For Socialized Law, Myriam E. Gilles, Gary Friedman

Articles

Most people would agree with Frederick Wilmot-Smith that the rich have no greater claim to justice than the poor. And yet, as Wilmot-Smith points out in his provocative book, Equal Justice: Fair Legal Systems in an Unfair World, our laissez-faire legal-services markets ensure sharply unequal justice for rich and poor. The prescription at the heart of Equal Justice is the deprivatization of markets for legal services. To realize the ideal of equal justice, Wilmot-Smith would equalize the legal talent available to all and replace the market system with a centralized regime loosely analogous to socialized medicine.

Wilmot-Smith’s bold ideas …

A Great And Profitable Clause: Why The New York City Bar Association Says It Is Time To Pay Attention To Investors Behind The Curtain, W. Hunter Huffman

North Carolina Law Review

No abstract provided.

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …

The “Pink Ghettos” Of Public Interest Law: An Open Secret, Sandra Simkins

Buffalo Law Review

There is a downside to public interest law careers and law school pro bono work for women. Law schools cue women to enter and remain at lower rungs of the profession by normalizing women in “caregiving” roles and locking predominantly female clinicians who do public interest work into a lower level status. The ABA contributes to this structural devaluation by ignoring female public interest lawyers. When combined with the culture of public interest organizations, these factors contribute to women’s stagnant progress in the legal profession.

This Article is the first to address this issue comprehensively. It describes the challenges women …

City Of Missoula V. Kroschel: Missing The Mark On Montana's Terry Statute, Kirsi Luther

Montana Law Review

No abstract provided.

Characteristics And Professional Practices Of Labor And Employment Neutrals, Dr. Mark D. Gough

Arbitration Law Review (2009 - Present)

No abstract provided.

Technological Triage Of Immigration Cases, Fatma Marouf, Luz E. Herrera

Faculty Scholarship

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained. Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …

Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. Mcbride

Theses/Capstones/Creative Projects

Scholars have made strides to illuminate the scope and nature of human trafficking, but there have been minimal efforts to inform responses to victims. Importantly, if we do not address the issues that made people vulnerable in the first place, then they could be susceptible to re-victimization in the future. It is vital then that treatment agencies are available and engaging in effective practices to maximize recovery efforts. Thus, the current study examined treatment providers in the United States in two stages to determine how they respond to victims of these crimes. In the first stage, a systematic literature review …

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

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

Abstract forthcoming.

Diploma Privilege And The Constitution, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Merritt, Patricia E. Salkin, Judith Wegner

SMU Law Review Forum

The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.

State Supreme Courts are …

Restorative Lawyering: A Toolbox That Can Change The Profession, Emily Lopynski

University of Richmond Law Review

I will begin in Part I by delving into two serious issues in the legal profession—professional dissatisfaction and client dissatisfaction. Then, in Part II, I will provide a brief overview of Restorative Justice and three of its key principles: Heal the Harm, Honor and Respect, and Empathy. In Part III, I extrapolate from these three Restorative Justice principles to create a “toolbox”13 of restorative lawyering. I will then explain how restorative lawyering will decrease professional and client dissatisfaction, distinguish restorative lawyering from alternative models, and address possible critiques and concerns.

Online Resources And Family Cases: Access To Justice In Implementation Of A Plan, Kristen M. Blankley

Fordham Law Review

This Article discusses access to justice in the implementation of orders in family cases. Parenting, financial, and other types of family court orders may last up to eighteen or twenty-one years in the case of minor children or longer in the case of protected adults. In the case of financial obligations, these orders set forth ongoing requirements to make monthly payments (such as child support, alimony, and medical expense reimbursements) and to maintain other financial obligations (such as maintaining health insurance, daycare expenses, and payment of costs for extracurricular activities). Most importantly, these court orders allocate parenting time, which may …

Access To Justice And Dispute Resolution Across Cultures, Sukhsimranjit Singh

Fordham Law Review

There is a saying in the United States: the justice one receives is the justice one can afford. All too often, this saying proves true for both lower- and middle-class individuals. For the greatly impoverished, the access to justice crisis is twofold: part of the problem is knowing when to seek legal help and another is ensuring adequate delivery of legal assistance on request. Middle- class individuals face a different challenge, as they surpass the income threshold for free civil public legal aid but cannot afford the rising costs of conventional litigation. The problem persists across different cultures. This Article …

How Mediation Contributes To The “Justice Gap” And Possible Technological Fixes, Ellen Waldman

Fordham Law Review

This Essay’s basic premise is that mediation, as it currently is presented to pro se parties in the lower courts, risks significant depredations of justice. This risk flows directly from the ethics rules that either discourage or outright forbid mediators from providing disputants with exactly the information they need to make informed judgments as they bargain over housing, time with children, and scarce financial resources.

Artificial Intelligence And Global Trade Governance: A Pluralist Agenda, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

This Article is the first of its kind to map out imminent challenges facing the World Trade Organization (WTO) against the emergence of artificial intelligence. It does so by examining critically AI’s normative implications for four issue areas—robot lawyers, automated driving systems, computer-generated works, and automated decision-making processes. By unpacking the diverse governance approaches taken in addressing these issues, this Article highlights the underlying economic, societal, cultural, and political interests in different jurisdictions and identifies the growing normative relevance of global legal pluralism. In light of the changing fabric of international law, this Article seeks to reconceptualize AI and global …

Up From Javins: A 50-Year Retrospective On The Implied Warranty Of Habitability, Alan M. Weinberger

Saint Louis University Law Journal

No abstract provided.

2019 Annual Report, University Of Maine School Of Law

Clinic Annual Report

No abstract provided.

Comment On Griffith's Deal Insurance: The Continuing Scramble Among Professionals, Abraham J.B. Cable

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

In his recent article, Professor Sean Griffith observes a substantial development in the M&A market. Increasingly, buyers and sellers replace traditional deal terms with an insurance product representation and warranty insurance (“RWI”). This essay considers how this new product and the insurance professionals who sell and underwrite it affect the traditional role of M&A lawyers. It concludes that RWI, in its present form, does not substantially encroach on the traditional role of M&A lawyers. But it also notes that representations and warranties are ripe for technological innovation and that insurance professionals may be better positioned then lawyers to seize the …

Extraterritorial Rights In Border Enforcement, Fatma E. Marouf

Washington and Lee Law Review

Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United States, or who are treated for legal purposes as being outside even if they have entered the country, can claim constitutional protections. This Article examines a small, but growing body of cases addressing these extraterritoriality issues in the border enforcement context, focusing on disparities in judicial analyses that have resulted in …

Inadequate Protection: Examining The Due Process Rights Of Individuals In Child Abuse And Neglect Registries, Amanda S. Sen, Stephanie K. Glaberson, Aubrey Rose

Washington and Lee Law Review

This Article seeks to advance due process protections for people included in state child abuse and neglect registries. Between states, there are differences in the types of cases included in the state registry and the process required to be placed on or removed from the registry. To obtain judicial due process review, a plaintiff must demonstrate that a protected liberty or property interest is at stake. When federal courts have evaluated the individual liberty interest(s) implicated by placement on state child abuse and neglect registries, they have so far only found such an interest when the plaintiff’s employment opportunities were …

No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas

Pepperdine Dispute Resolution Law Journal

This article discusses differences in foreclosure law, consumer protection, and mediation programs. Then, it will summarize relevant research on the topic of homeowners’ attitudes, financial knowledge, economic hardships, causes of default, and effectiveness of representation. Next, this article will outline the study’s design and methodology followed by the results from the data produced by the study. Then, the results will be analyzed. Finally, policy recommendations and reforms supported by the study’s evidence will be discussed.

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz Herrera, Jonel Newman

Louisiana Law Review

The article presents reflections, information, and proposals on how law schools can create a blueprint for community-engaged response to natural disasters.

Jeremy Kirk, Appellant/ Plaintiff V. Mark Anderson, Md, Individually, Broadspire Services, Inc, Appellee/Defendant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE, STATE OF UTAH HONORABLE BARRY LAWRENCE

MICHAEL J. MILLER KATHLEEN ABKE STRONG AND HANNI Counsel for Mark Anderson FORD G. SCALLEY BRADLEY W. MADSEN SCALLEY READING Counsel for Broadspire Services Inc

LEONARD E. MCGEE PETER R. MIFFLIN ROBERT J. DEBRY Counsel for Jeremy Kirk

The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau

Maine Law Review

In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys to …

Week Of April 13, 2020 - April 17, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo Office of Alumni Affairs
• Cardozo Office of Career Services
• Cardozo Office of Student Services & Advising

Public-School Systems Are Criminalizing Our Young People: Giving Voice To The Marganilized, Carrie Stoltzfus

Graduate Theses & Dissertations

A phenomenological qualitative study using Critical Race Theory and counter-storytelling was completed to investigate what K-12 public schools should be doing to keep young people out of the school-to-prison pipeline (STPP). This study took place in a large city in the Mid-Atlantic region of the United States. Interviews were completed with former students of the researcher who were previously incarcerated, educational professionals, and justice system professionals. Additionally, observations of the court systems and document reviews were completed in order to triangulate findings. Themes emerged around factors that lead to incarceration and the preferred practices to support young people to avoid …

Your Body Owns The Tattoo!, Habeeb Sheikh

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Put yourself in the shoes of someone who receives a new tattoo. Eager to share the design with friends, you start snapping pictures of the fresh body art. You send a text alongside the pictures saying, “Check out my new tattoo!” Ordinarily, one may not question your ownership here. But legal questions may arise in a situation where a videogame company profits off the videogame avatar of a tattooed celebrity like LeBron James. The issue becomes whether the tattoo artist has copyright protections over the art, or does it belong to the individual whose body bears the ink. There is …

Emerging Privacy Legislation In The International Landscape: Strategy And Analysis For Compliance, Jonathan Mcgruer

Washington Journal of Law, Technology & Arts

Big data is a part of our daily reality; consumers are constantly making decisions that reflect their personal preferences, resulting in valuable personal data. Facial recognition and other emerging technologies have raised privacy concerns due to the increased efficiency and scope which businesses and governments can use consumer data. With the European Union’s General Data Protection Regulation ushering in a new age of data privacy regulation, international jurisdictions have begun implementing comparable comprehensive legislation, affecting businesses globally. This Article examines the similarities between emerging U.S. state data privacy laws and the General Data Protection Regulation, with suggestions for businesses implicated …