Digital Commons Network^™

Class Action

Maryland Carey Law

No abstract provided.

School Of Law Annual Report 2019, Singapore Management University

SMU Corporate Reports

It is my pleasure to present you the SMU School of Law’s Annual Report for 2019. This Report highlights all the exciting things that the School has done and the achievements of our faculty members, students and alumni in the past year. As a Law School, our mission is to produce meaningful and impactful research, provide relevant legal training to our students, and apply our expertise to serve the community

Gender-Sensitive And Gender-Effective Strategies In Preventing And Countering Violent Extremism, University Of Chicago Law School - Global Human Rights Clinic, Mandel Legal Aid Clinic

Global Human Rights Clinic

For over two decades, the global community has endeavored to prevent and combat violent extremism. In that time, states and civil society partners have increasingly recognized women’s role in this effort as critical to its success. The effective engagement of women, representing half of the world’s population, is now understood as necessary to a “localized, credible, inclusive, and resonant strateg[y] to build resilience to extremism.”

However, gender-sensitive and gender-effective approaches to preventing and countering violent extremism (PCVE) have remained elusive. Women’s involvement in PCVE strategies continue to be largely marginal, often reinforcing harmful stereotypes, and sometimes resulting in negative consequences …

Letter To Ncbe, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

The Regulation Of Equity Index Futures, Lin (Lynn) Bai

Faculty Articles and Other Publications

Equity index futures are one of the most actively traded derivative instruments in financial markets around the world. Advancements in trading and clearing technologies transformed the marketplace over the past two decades. Regulation drastically changed to keep pace with the market’s development. New rules have been implemented covering trading activities, risk management, market surveillance, and customer protection. Legal literature on the regulation of this important financial instrument is surprisingly antiquated. Existing papers were written decades ago and do not reflect the true metes and bounds of today’s regulatory landscape. This paper fills the void. It provides a comprehensive discussion of …

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton

Articles

No abstract provided.

A Tribute To Maureen Laflin, Elizabeth Brandt

Articles

No abstract provided.

An Inconsistent Chevron Standard: Refining Chevron Deference In Immigration Law, Juan P. Caballero

Loyola University Chicago Law Journal

Recent developments in the composition of the Supreme Court have fueled academic and journalistic speculation about the future of one of the foundational cases in modern administrative law, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Thirty-five years ago, Chevron established the current legal foundation for judicial deference to agency interpretations of ambiguous statutory language. This Article contains an empirical study of the manner in which courts of appeals have applied Chevron in one specific area of administrative law: immigration law.

Immigration law provides a unique case study because it implicates …

Judith S. Kaye In Her Own Words: Reflections On Life And The Law, With Selected Judicial Opinions And Articles, Jennifer Dixon

Staff Publications

No abstract provided.

Adr: Disputing With A Modern Face, Or Bargaining For The Bargain Impaired?, Robert J. Condlin

Faculty Scholarship

The Alternative Dispute Resolution (ADR) movement might turn out to be one of the most important chapters in the history of the American judicial system. Or, it might not. In its most grandiose form, ADR turns disputing on its head, transferring control over outcome from third-party decision-makers to the disputants themselves, and defining disputing procedure in ad hoc, party-constructed guidelines tailored to the circumstances rather than fixed, generic, and categorical rules applicable uniformly in all situations. In its less grandiose form, ADR simply institutionalizes a system of multi-party bargaining in which third-party neutrals help disputants identify individual interests and find …

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman

Research Papers, Working Papers, Conference Papers

The title of this chapter signifies at least three things. The first is the disabling effects of solitary confinement. The second is recent efforts of prison justice advocates in Canada to use law, or specifically litigation, to disable the logic of solitary confinement: to disrupt that logic through the logic of human rights. The third, most oblique reference, and one I develop here, speaks to dangers presented by the path Canada’s solitary confinement litigation has taken: a path of isolating disability-based prison justice claims from the wider ambitions of intersectional substantive equality. My thesis is that this isolation of disability …

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long

United States Department of Homeland Security

In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …

Lawyer Regulation Stakeholder Networks And The Global Diffusion Of Ideas, Laurel S. Terry

Faculty Scholarly Works

This Article is a companion article to Laurel S. Terry, Global Networks and the Legal Profession, 53 Akron L. Rev. 137 (2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620399. That article explained why global networks are useful for lawyers and the clients they represent, introduced some of the scientific literature about networks, cited prior literature about (mostly domestic) legal profession networks, and then identified ways in which lawyers and their employers, including law firms, participate in global legal profession networks, as well as domestic networks.

This Article focuses on a subset of global legal profession networks, which are the global networks of lawyer regulation stakeholders. Section …

Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr

Marquette Intellectual Property Law Review

No abstract provided.

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 2014-2018, Stefanie S. Pearlman, Keelan A. Weber

Marvin and Virginia Schmid Law Library: Faculty Publications

This bibliography lists faculty scholarship from 2014-2018. It updates A Bibliography of University of Nebraska College of Law Faculty Scholarship 1892–2013. This bibliography includes publications from law, law library, and law clinical faculty. It also includes assistant deans, faculty with courtesy appointments at the College of Law, and visiting faculty teaching at the College of Law for three or more years. Although we did not include the scholarship of faculty who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes.

Contents:

Bibliography of Law Faculty Scholarship, 2014-2018 …

New Title Iv-E Dollars For Child And Parent Legal Representation Presents A Tremendous Opportunity To Improve Outcomes For Families, Christina Cullen

Children's Legal Rights Journal

No abstract provided.

In Re L.J.B.—Illegal Drug Use While Pregnant Not Considered Child Abuse, Jennifer Karr

Children's Legal Rights Journal

No abstract provided.

Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

Looking Back: A Case Study Of Career Interest And Experiential Learning In Law School, David I.C. Thomson, Stephen Daniels

Sturm College of Law: Faculty Scholarship

This article is divided into four parts. First, some general observations on what led us to think about our research differently-the importance of career relevance with attention to students interested in a business-related career. Second, an overview of our ongoing study of students and experiential learning at Denver Law-a study designed to follow an incoming class as it goes from first year to last and into the practice of law. Third, through the lens of career interest, an analysis of 1L Denver Law students' preferred style of learning and their views on experiential learning. Fourth, a corresponding analysis of Denver …

The Ghost In The Machine: Artificial Intelligence In Law Schools, Emily Janoski-Haehlen, Sarah Starnes

Duquesne Law Review

No abstract provided.

Mind The Gap: Technology As A Lifeline For Pro Se Child Custody Appeals, Katherine L.W. Norton

Duquesne Law Review

No abstract provided.

"Grandfamilies" Amid The Opioid Crisis: An Increasing Reason To Update Pennsylvania's Outdated Intestacy Laws, Joanne L. Parise

Duquesne Law Review

No abstract provided.

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions And Precedent, Howard Wasserman

Faculty Publications

Battle lines are drawn on the permissibility and validity of injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law against all possible targets of that law and to protect all rights holders against enforcement. Courts, members of the Supreme Court, and legal scholars are divided — some supporting and others rejecting them as impermissible.; I have staked my position in the latter camp.

From that starting point, this paper considers three subsidiary issues: 1) the proper label for these injunctions, arguing that “universal” or “non-particularized” is a more accurate term than the prevailing “nationwide”; 2) …

Minnesota Evictions: Where Do We Go From Here, Brooke Bednarczyk

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Relative Preference, Emotional Attachments, And The Best Interest Of The Child In Need Of Assistance, Richard A. Perry Esq.

University of Baltimore Law Forum

No abstract provided.

Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein

Hastings Journal of Crime and Punishment

No abstract provided.

How To Make A Dead Armadillo: Consumer Contracts And The Perils Of Compromise, Jeffrey W. Stempel

Loyola Consumer Law Review

The ALI's proposed Restatement of the Law, Consumer Contracts ("RLCC") has managed to alarm both corporate America and consumer advocates, including half the nation's attorneys general. To some extent, the RLCC is yet another victim of the nation's increasing polarization and the rise of partisanship within the legal profession. But the RLCC suffers from self-inflicted wounds through questionable endorsement of problematic case law on contract formation as well as its goal of a well-intentioned but flawed "Grand Bargain" that arguably seized a middle ground disliked, for different reasons, by both consumer and business advocates. The RL CC stepped into this …

State Bar Of California, Madeline Rojer, Alaina Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Retroactive Adjudication, Samuel Beswick

All Faculty Publications

This Article defends the retroactive nature of judicial lawmaking. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, does it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers no adequate answer. In attempting to articulate a law of non-retroactivity, the Supreme Court has cycled through five flawed frame-works. It has variously characterized adjudicative non-retroactivity as (1) a problem of legal philosophy; (2) a discretionary exercise for balancing competing right and reliance interests; (3) a …