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The Rule Of Law, The Lawyer’S Role As A Public Citizen, And Professional Identity: How Fostering The Development Of Professional Identity Can Help Law Schools Address The Crisis Facing American Democracy, Kendall Kerew

Mercer Law Review

American democracy is in crisis. The January 6, 2021, attack on the U.S. Capitol must serve as a renewed wake-up call for the legal profession. We can no longer keep our heads down, focused solely or even primarily on serving our clients, without being mindful that what we do every day as lawyers starts and ends with our duty to uphold the rule of law and our system of justice. We must acknowledge that lawyers are the ones who have put democracy at risk. Lawyers are the ones who, in their role as zealous advocates, attempted to overturn the 2020 …

Reimagining Legal Education: Insights From Unh Franklin Pierce's First 50 Years, Christopher S. Reed

The University of New Hampshire Law Review

Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available at the time, and the curriculum overall emphasized practical skills over theory.

Today, half a century later, Dr. Rines’s vision not only endures, but flourishes.

In addition to becoming one of the world’s most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law∗ is the home of two pioneering …

Entertaining And Embracing Professional Identity Development In The 1l Legal Writing Curriculum, Charles W. Oldfield

Tulsa Law Review

No abstract provided.

Women, The Law, And Sexual Assault: Why The Model Penal Code's Ordinary Resolution Standard Furthers Victim Blaming, Hillary Hurst

Tulsa Law Review

No abstract provided.

An Abiding Commitment To The Death Penalty? Centrality Of The Rule Of Law In The Administration Of Capital Punishment In Singapore, Eugene K. B. Tan

Singapore Law Journal (Lexicon)

Capital punishment remains in use in Singapore. The Singapore government’s position is that the death penalty works in deterring the most serious crimes. Public trust and confidence remains healthy that the death penalty regime in Singapore has the requisite deterrent effect on criminals and has sufficient safeguards to prevent any miscarriage of justice. In 2012, the Singapore Parliament made significant amendments to the Penal Code and the Misuse of Drugs Act, marking a shift from the longstanding mandatory to a discretionary death penalty system for some of the most serious crimes. It demonstrates the authorities’ belief that the mandatory death …

What Practitioners Can Do For Law Students And What Law Students Can Do For Practitioners, Shanin Specter

UC Law Journal

No abstract provided.

Purpose, Practical Wisdom, And The Formation Of Trustworthy Lawyers, Kenneth Townsend

Mercer Law Review

Lawyers have a “special responsibility for the quality of justice” in our nation and are expected to “further the public’s understanding of and confidence in the rule of law and the justice system” since “legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.” Upholding these and other commitments enables the profession to promote the “public interest,” according to the Preamble to the Model Rules of Professional Conduct.

The Subfederal In Immigration Polarization, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The framing of subfederal immigration regulation as a red- blue divide is conventional wisdom. As more states, cities, and counties have engaged in the regulation of immigrants within their jurisdictions, it is not particularly surprising to see deep-red states like Texas enacting laws that restrict the rights of immigrants in their jurisdictions (e.g., requiring police within the state to honor detainers issued by United States Immigration and Customs Enforcement (ICE)) or deep-blue states like California enacting laws that protect immigrants’ rights (e.g., issuing driver’s licenses without requiring proof of lawful immigration status).

Rather than only reflecting national polarization on immigration …

Boyd Law School Working To Address Rural Legal Services Provider Shortage In Nevada, Rachel J. Anderson

Scholarly Works

No abstract provided.

Risk-Taking And Reform: Innovation For A Better Education, Megan M. Carpenter

The University of New Hampshire Law Review

No abstract provided.

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …

Justice Is Not A Game: The Devastating Racial Inequity Of Washington’S Three Strikes Law, Civil Rights Clinic At Seattle University School Of Law, Fred T. Korematsu Center For Law And Equality, Melissa Lee, Jessica Levin

Fred T. Korematsu Center for Law and Equality

Justice Is Not a Game: The Devastating Racial Inequity of Washington’s Three Strikes Law

Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch

Employee Rights and Employment Policy Journal

The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …

Faculty Masthead

Georgia State University Law Review

No abstract provided.

All Cases Great And Small: Fufilling The Nmcra's Promise Of Attorney Fees, Isaac M. Green, Seth E. Montgomery

New Mexico Law Review

Section 5 of the New Mexico Civil Rights Act (NMCRA) permits a court to award “reasonable” attorney fees to a “prevailing plaintiff.” In this way Section 5 parallels its federal analog, 42 U.S.C. § 1988, which similarly allows a “prevailing party” to recover “reasonable” attorney fees in federal civil rights suits. But despite this language in the federal statute, a string of U.S. Supreme Court decisions have circumscribed the availability of attorney fees in suits brought under § 1983. This restriction on attorney fees has led to what Professor Joanna Schwartz calls the biggest obstacle to civil rights litigation in …

Convergence And Divergence: Comparative Analysis Of Procedural Rule Changes Of The Hong Kong And Singapore International Arbitration Centers Within The Framework Of Neo-Institutional Theory, Phillip Hoang Tran

Dissertations

International commercial arbitration (ICA) plays an essential role in resolving disputes between companies engaged in complex, cross-border business transactions. It offers an efficient, neutral, and enforceable mechanism for resolving disputes across different legal and cultural backgrounds. ICA is generally conducted at international arbitration centers located throughout the world. According to the extant literature, there is convergence of procedural rules among these centers. Sabharwal and Zaman (2014), for example, claim increasing convergence of procedural rules among all the major arbitration centers. Similarly, Sharma (2021) proposes that this convergence helps build the international arbitration system. However, there is a near absence of …

Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales

Master's Theses

Mexico has historically been known as an emigration or transit country. In this context, civil society organizations have played pivotal roles in addressing the voids in support for migrants. Among these organizations, Casa Frida Refugio LGBT stands out as a significant service provider, specifically for LGBT+ migrants. This study engages in a qualitative case study analysis of the organization Casa Frida, drawing from interviews conducted with nine LGBTQ+ migrants and refugees, personal observations, and Casa Frida’s website and social media accounts. The research seeks to answer two central questions: Firstly, what role does an LGBT+ specific service provider like Casa …

Human Trafficking: Foreign National Adolescent Survivors In The United States, A Call To Expand Otip Eligibility Letters, Ailleene L. Maldonado

Master's Theses

The Office of Trafficking in Persons grants child eligibility letters to foreign national minors who have been confirmed victims of trafficking. These OTIP Eligibility Letters provide recipients with public benefits to the same extent as a refugee but do not grant protection from removal or pathways towards legal permanent residence. Additionally, many OTIP recipients have unaccompanied minor status in the United States. In order to capture the experience of OTIP recipients, this research explores existing literature on trafficking trauma and migration stressors/ trauma. Additionally, this research identifies international and national legal frameworks to define trafficking and acknowledge the responsibility that …

The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh

Richmond Public Interest Law Review

The authors were honored to participate in a panel on “Understanding the IEP” at the Richmond Public Interest Law Review’s Symposium on October 27, 2023. The recommendations and strategies in this article are rooted in decades of combined experience and anecdotal observations from two special education attorneys and three special education advocates who serve Virginia’s children and families and help to develop appropriate Individualized Education Programs (“IEPs”) pursuant to the Individuals with Disabilities Education Act (“IDEA”). Recent criticism of Virginia’s system of special education and related services by state and federal agencies has laid bare deep-seated inconsistencies in how schools …

Title Ix On The Hill, Riley Peck

College Honors Program

This thesis seeks to answer the question, “What does Title IX mean at the College of the Holy Cross?” It considers and triangulates the words and experiences of students, faculty members, and Office of Title IX and Equal Opportunity (Office) administrators to gauge the understandings and potential misconceptions of available resources and the College’s culture. Further, it draws upon archival analysis to situate the Office in a broader historical context of the College and also includes an auto-ethnographic component. This thesis concludes with general suggestions for the Office and the College at large to more efficiently combat sexual violence and …

Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder

DePaul Journal for Social Justice

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin

St. Mary's Law Journal

Law students and lawyers experience mental illness and substance abuse at higher rates than the general population and other learned professions. This is bad for an individual’s wellbeing as well as their clients and society because mental illness and substance abuse increases stress which in turn decreases effective decision-making and judgment, and in worst case scenarios leads to attrition as individuals choose death by suicide which has cascading social and economic impacts. This Article identifies practices in legal education that likely combine in a causal mechanism, although not a sole cause, to the higher rates of mental illness and substance …

The Poor Man's Problem In Bankruptcy, Rylee Stanley

St. Mary's Law Journal

No abstract provided.

Ethical Algorithms: Navigating Ai In Legal Practice For A Just Jurisprudence, Bree'ara Murphy, Rachel Gadra Rankin, Joseph Rios

Law Review Blog Posts

Exploring the professional obligations practitioners may face in light of developing AI technology by examining state and federal model rule language, current judicial treatment of AI, and AI best practices.

Access To Environmental Justice In Canadian Environmental Impact Assessment, Thomas Gilmour, Jocelyn Stacey

All Faculty Publications

Contemporaneous reforms to Canada and British Columbia’s environmental impact assessment legislation have the potential to advance Access to Environmental Justice. Access to Environmental Justice is the ability of individuals and communities who are disproportionately and negatively impacted by environmental decisions to access legal and regulatory processes and to have their concerns heard and addressed through environmental decision-making and dispute resolution. Access to Environmental Justice connects concepts of environmental justice, public participation, the rule of law, and access to justice to provide a framework for evaluating the implementation of environmental impact assessment laws. We conducted a preliminary analysis of early implementation …

We Get To Live Here?: Housing Insecurity And Assistance Availability In Oxford, Mississippi, Ashlyn Hinton

Honors Theses

As Oxford continues to thrive as a university town and tourist destination, the rates of housing insecurity are rising for full-time residents in the community. The types of housing insecurity experienced and their effects can range broadly across households in Oxford, but they consistently lead to low to middle income families experiencing the negative side effects associated with increased transience, poor housing conditions, or being cost-burdened by housing. This study seeks to determine the factors contributing to housing insecurity in Oxford, how this affects residents, and if the current resources are accessible and proportionate to the levels of need within …

Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor

Minnesota Journal of Law, Science & Technology

No abstract provided.

Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier

Minnesota Journal of Law, Science & Technology

No abstract provided.