Digital Commons Network^™

Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha

Indiana Journal of Global Legal Studies

This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.

Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …

Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.

Indiana Journal of Global Legal Studies

In order to contribute from a situated perspective to a global narrative of access to justice, in the next sections I will trace the origins of compassionate and cause lawyering in the history of Chilean legal aid and training. Part II will explain how legal assistance to the poor was codified as a duty of legal professionals during the Middle Ages, in both canon law and in Castilian legislation. Part III will show that practical legal training, both in Spain and in Chile, began much later as the result of the ambition among prominent members of the legal profession to …

The Mandarins Of The Law: Pro Bono Legal Work From A Comparative Perspective, Daniel Bonilla Maldonado

Indiana Journal of Global Legal Studies

In Part I, I present the elements that form the standard global concept of pro bono work. Pro bono work is a global phenomenon defined by, and based on, a transnational discourse. In the first section of Part I, I argue that this transnational discourse conceptualizes pro bono work as a set of institutionalized free legal services that lawyers voluntarily provide to people with few financial resources or to protect the public interest. In the three following sections, I specify and analyze the concepts of subject, time, and space that this understanding of pro bono work creates, to present the …

Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, Ana Bejarano Ricaurte

Indiana Journal of Global Legal Studies

This article does not discuss whether pro bono programs should exist in Colombia, or whether they cause positive transformation in the legal profession. These issues are examined in other types of legal literature, and this author departs from the standpoint of viewing this type of work as a positive practice within the legal culture. The main thesis of this article is that pro bono work is still developing in Colombia, both in its numbers of participating attorneys and clients, as well as in the ways it is affecting the legal culture. As important as it might be, the work of …

Access To Justice And Legal Clinics: Developing A Reflective Lawyering Space Some Insights From The Italian Experience, Marzia Barbera, Venera Protopapa

Indiana Journal of Global Legal Studies

This paper first provides a brief description of the genesis of legal clinics in Italy, and highlights the motivations and expectations lying behind the emergence of the legal clinic movement in this context. Second, the paper gives a brief description of the institutional context of legal aid in Italy, and assesses its effectiveness in terms of granting legal assistance to those unable to afford a lawyer. The third and fourth parts then offer an account of court enforcement mechanisms that aim to ensure effective access to justice. Part three gives this account through the lens of court enforcement of the …

The Right To Access To Justice: Its Conceptual Architecture, Daniel Bonilla Maldonado

Indiana Journal of Global Legal Studies

The aim of this article is descriptive and analytical, rather than normative. This article aims to contribute to the current understanding of the ways in which modern legal consciousness builds, and is built by, the concept of access to justice. This concept, as part of the web of meanings that structures modern legal culture, provides the context in which modern subjects make sense of who they are and how they should interact with the world around them. This article examines the subjectivities, conceptual geographies, and interpretations of history created by the right to access to justice. It also examines a …

You Made Gideon A Promise, Eh?: Advocating For Mandated Publicly Appointed Counsel At Bail Hearings In The United States Through Domestic Comparisons With Canadian Practices And Legal Considerations, Lauren Elizabeth Lisauskas

Georgia Journal of International & Comparative Law

No abstract provided.

A Perspective On Technology Education For Law Students, Volini, Anthony

Santa Clara High Technology Law Journal

A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENTS

Israeli Perspectives On Alternative Dispute Resolution And Justice, Omer Shapira

Pepperdine Dispute Resolution Law Journal

Israel is a highly litigious country with an overburdened legal system infected with delays. In addition, Israeli society is highly diversified and saturated with social disagreements and rifts between groups. This article identifies two concepts of justice in ADR discourse in Israel—Justice as Efficiency and Justice Beyond Efficiency—and illustrates their application in the context of several ADR developments in the court system, community mediation, the education system, environmental conflicts, and complaints against public bodies. Using these visions of justice, the article explores the justice goals of ADR in Israel, assesses whether they have been achieved, and considers the future of …

Protecting Victims Of Domestic Violence From Chronic Nuisance Ordinances, Emily Holtzman

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Mmu: 02/03/20–02/09/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• 7th Circuit Court of Appeals Federal Clerkship Discussion Panel
• Prosecution/Public Defender Interview Skills Workshop
• Fed Society and Constitutional Studies Present Data-Driven Originalism: The Rise of Corpus Linguistics
• Public Interest Interview Skills Workshop
• State of the Law School Address
• Responsible Prosecutors and the Role of a Judge
• Journal of Legislation Symposium - "Hot Topics in Immigration Law"

General Announcements

• Student Job Opportunity w/ND Listens!
• SBA Store Hours
• Legal Writing Center
• Volunteer Opportunity at Green Bridge Growers
• IDEA Center Student Connections
• Health & Wellness Center
• Notice to …

Week Of February 3, 2020 - February 7, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo Alumni Association
• Cardozo Business Law Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Career Services
• Cardozo Public Service Scholars Program
• Chabad at Cardozo
• Courtroom Advocates Project
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• Public Interest Law Student Association (PILSA)
• Stein Center for Law and Ethics
• Women in Tech Law

Carrying On 'Korematsu:' Reflections On My Father's Legacy, Karen Korematsu

Women & Law

No abstract provided.

A Personal Essay, Nitza I. Quiñones Alejandro

Women & Law

No abstract provided.

Artificial Intelligence & Machine Learning: A Model For A New Judicial System?, Paula C. Arias

Articles

Artificial Intelligence and Machine Learning are a result not only of technological advances but also of the exploitation of information or data, which has led to its expansion into almost all aspects of modern life, including law and its practice. Due to the benefits of these technologies, such as efficiency, objectivity, and transparency, the trend is towards the integration of Artificial Intelligence and Machine Learning in the judicial system. Integration that is advocated at all levels and, today, has been achieved mostly under the implementation of tools to assist the exercise of the judiciary. The «success» of this integration has …

An Empirical Study Of Political Control Over Immigration Adjudication, Catherine Y. Kim, Amy Semet

Faculty Scholarship

No abstract provided.

The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Paying For Law School: Law Student Loan Indebtedness And Career Choices, Christopher J. Ryan Jr.

Law Faculty Scholarship

No abstract provided.

Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.

The Journal of Business, Entrepreneurship & the Law

Our essay has five parts: (i) a discussion of how external forces are reshaping the economics of today’s legal industry; (ii) examples of the types of decisions that tend to drive up the cost of bills in contravention of ethical duties; (iii) a discussion of possible reasons for those decisions (including a short discussion of social science explanations); (iv) a description of how attorneys can use data analytics tools to self-govern how they staff, deliver and bill for their legal services; and (v) recommendations for how both clients and law firms can benefit from proactively managing, on the front end, …

Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi

The Journal of Business, Entrepreneurship & the Law

I will begin with a look inside the history of entrepreneurship and its rise and decline throughout various times in our country’s history. I will then shift the focus towards the history of startup companies and what the modern trend is today in startups. After laying the foundation for startups, I will look into the complexities of creating a startup company and looking at the role that attorneys play in the lifetime of startups. From there, I will dive into the history and trend of lawyers who have invested in their client’s companies - through direct investment or bartering by …

Champions For Justice 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

What Can Be Done About A Disruptive Physician? A Legal Analysis, Samuel D. Hodge Jr.

Pace Law Review

House, a medical drama about an infectious disease specialist, entertained television audiences for years as the irascible and pill-popping physician solved medical mysteries with the zeal of a modern-day Sherlock Holmes while playing mind games with his coworkers. Uncanny intuition and eccentric thinking earned the physician great respect but his bullish behavior and antisocial tendencies were a distraction at the hospital. Not only did Dr. House clash with his fellow physicians but he also insulted patients, flouted hospital rules and caused great conflict with the hospital administrators. In fact, his actions often crossed the line into obnoxiousness and rage causing …

The Eu Copyright Directive: "Fit For The Digital Age" Or Finishing It?, Andrew Tyner

Journal of Intellectual Property Law

Since its proposal in 2016, the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market ("the Directive" or "the Copyright Directive") has been controversial. While the Directive was rooted in good intentions, intended to "improv[e] the bargaining position ... and the control rightsholders have on the use of their copyright-protected content" in the digital space,' critics loudly proclaimed it as the death of the internet as we know it. Notable architects and pioneers of the Internet, including Tim Berners- Lee (inventor of the World Wide Web) and Jimmy Wales (founder of Wikipedia), penned …

Who Owns The Law? Why We Must Restore Public Ownership Of Legal Publishing, Leslie A. Street, David R. Hansen

Journal of Intellectual Property Law

Each state has its own method for officially publishing the law. This article looks at the history of legal publishing for the fifty states before looking at how legal publishing even in moving to electronic publishing may not ensure public access to the law. The article addresses barriers to free access to the law in electronic publishing including copyright, contract law, and potentially, the Computer Fraud and Abuse Act. The article concludes with prescriptions for how different actors, including state governments, publishers, libraries, and others can ensure robust public access to the law moving forward.

Office Of Professional Conduct, Appellee, V. Travis L. Bowen, Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Royal I. Hansen, District Court No. 150907128

Sexual Harms Without Misogyny, Deborah M. Weiss

University of Chicago Legal Forum

version 2

Inheritance Forgery, Reid Kress Weisbord, David Horton

Duke Law Journal

Many venerable norms in inheritance law were designed to prevent forgery. Most prominently, since 1837, the Wills Act has required testators to express their last wishes in a signed and witnessed writing. Likewise, the court-supervised probate process helped ensure that a donative instrument was genuine and that assets passed to their rightful owners. But in the mid-twentieth century, concern about forgery waned. Based in part on the perception that counterfeit estate plans are rare, several states relaxed the Wills Act and authorized new formalities for notarized and even digital wills. In addition, lawmakers encouraged owners to bypass probate altogether by …

How Online Learning Can Help Address Three Persistent Problems In Legal Education, David I. C. Thomson

Sturm College of Law: Faculty Scholarship

The debate about whether we should teach law online is over. Indeed, it has been over for some time, we just may not have noticed. Today the tools, disciplines, and practices of online learning pervade law school courses, whether nominally taught online or not. Whether through a site that offers quizzes on legal subjects, or through a full-featured learning management system which hosts links to myriad supplemental materials for the course, law professors are consistently using interactive and engaging online learning tools to enhance their courses. With new technology in all spheres we tend to think in binary terms. Yes …

The Right To Health In Immigration Detention During The Covid-19 Pandemic: An Examination Of Federal And International Law, Alaina Dye

Center for Health Law Policy and Bioethics

This article examines the United States’ response to the severe impact of the coronavirus (COVID-19) in immigration detention centers and considers the United States’ obligations to the vulnerable population of immigrant detainees. This article argues that the COVID-19 pandemic further demonstrates the United States’ lack of guaranteed health care for immigrant detainees and deportees despite international recognition of the human rights to health and life. The United States violates international law when immigrant detainees’ human rights are disregarded by lack of appropriate access to health care during a global pandemic. This article recognizes that discrimination against immigrants under the Trump …

Medical-Legal Partnership Clinic: Three Decades Of Service

Maryland Carey Law

No abstract provided.