Digital Commons Network^™

A Robust Defense: The Critical Components For A Reimagined Family Defense Practice, Kara R. Finck

City University of New York Law Review

No abstract provided.

Family Defense In The Age Of Black Lives Matter, Erin Cloud, Rebecca Oyama, Lauren Teichner

City University of New York Law Review

No abstract provided.

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff

University of Miami Law Review

No abstract provided.

Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero

Nevada Law Journal

No abstract provided.

Different States, Common Issues: Moving Mountains One Service At A Time., Suzzanne Freeze, Allison Hall, Stacy Collins, Duane Shumate, Cindy Thomas, Barbara Brent, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

No abstract provided.

Antitrust As Disruptive Innovation In Health Care: Can Limiting State Action Immunity Help Save A Trillion Dollars?, William M. Sage, David A. Hyman

Faculty Scholarship

On February 25, 2015, the United States Supreme Court ruled in North Carolina State Board of Dental Examiners v. FTC that state licensing boards controlled by market participants are subject to federal antitrust law unless they are “actively supervised” by the state itself. The ruling may sound narrow and technical, but the significance of the case can be inferred from the number and prominence of the amici curiae who lined up to support the North Carolina State Board of Dental Examiners (“North Carolina Board”)—first when the Federal Trade Commission’s (“FTC”) internal enforcement action was appealed to the United States Court …

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld

Nevada Law Journal

No abstract provided.

Re-Envisioning Professional Education, Kimberly Austin, Elizabeth Chu, James S. Liebman

Faculty Scholarship

In the dynamic, hyper-connected, and unpredictable 21st century, workplace and career paradigms are rapidly changing. The professions are no exception. Technology has routinized and increased access to the expertise that traditionally set professionals apart from other workers, leading some to forecast professions’ demise. Even if, as we suspect, new forms of complexity and needs for expertise continue to outrun technology, professionals’ lives and careers will diverge dramatically from past norms. In the world we anticipate, the number of theories, diagnoses, and strategies among which each professional — alone or in teams — must make informed and workable judgments will increase …

State And Local Procedural Injustices In Environmental Regulation: The Experiences Of Tallevast, Florida, Brett M. Paben

William & Mary Environmental Law and Policy Review

Government decisions made at the local and state level are those that most often directly affect communities. Participatory and procedural protections under state and local, rather than federal law, therefore, largely control the ability of grassroots environmental justice advocates to shape government decisions important to their communities. Thus, significant disparities in the standards of procedural justice differ not only by which state an environmental justice community happens to be located in, but also by the type of local government with authority over that community. Frequently, this diminishes the empowerment efforts of communities found in unincorporated areas. The community found in …

Compelled To Testify: An Evaluation Of 32 M.R.S.A. § 7005 And The Privilege For Maine Licensed Clinical Social Workers, Juliana Kirkland O'Brien

Maine Law Review

The mental health industry is big business: the National Institute of Mental Health reports that in 2012, 43.7 million people ages eighteen and older (18.6% of U.S. adults) experienced issues associated with a mental illness. In Maine, about 51,000 adults and approximately 13,000 children suffer from a serious mental illness. According to the World Health Organization, mental illness “accounts for more disability in developed countries than any other group of illnesses, including cancer and heart disease” and in Maine, mental health issues coupled with substance abuse is the leading cause of disability and death for Mainers between ages fifteen and …

Inconvenient Truths: Facts And Frictions In Defense Of Guardians Ad Litem For Children, Dana E. Prescott

Maine Law Review

During the 2013 Maine legislative session, citizens, elected officials, and professionals passionately expressed their beliefs concerning the legitimacy and efficacy of guardian ad litem [GAL] appointments in private child custody cases. In many respects, this policy discussion mirrored national trends in the scholarly and social science literature concerning allegations of the overuse or capacious role of a GAL. Establishing the proper legal and scientific contours within which GALs may serve the best interests of children and simultaneously provide constructive investigative and evidence-informed recommendations to judicial fact finding remains a proper concern for proponents and critics alike. The challenge, in this …

Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend

Cardozo Law Review

The note advocates for a more rigorous and proactive approach to incorporating assistive technology (AT) in special education, arguing that it is essential for ensuring students with disabilities receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). It critiques the current legal standard established by Rowley as insufficient, calling for a higher threshold that prioritizes maximizing educational opportunities. The analysis emphasizes the importance of comprehensive AT evaluations and the need for systemic improvements to prevent procedural violations and ensure effective implementation of AT in Individualized Education Programs (IEPs).

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

Tsu Faculty Research Database-Jan 2017, David Owerbach

Office of Research Institutional Research and Scholarship

Research interests and selected publications from 230 Texas Southern University faculty have been updated in Jan 2017. Faculty from Public Affairs, the College of Science, Engineering and Technology, the College of Pharmacy and Health Sciences, the College of Education, the College of Business, the College of Liberal Arts and Behavioral Sciences, the Law School and the School of Communications are included.

From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith

Maine Law Review

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine's probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine's probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent's estate to the current scope—a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine's probate courts not adjudicate …

The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins

Faculty Publications and Presentations

Virtually three-quarters of a century ago, the Supreme Court in West Virginia State Board of Education v. Barnette recognized that the First Amendment protects citizens from being forced to speak. Often, new legal doctrines are announced cautiously and narrowly in anticipation of future judicial development. Not so with Barnette. The Court boldly proclaimed that the right to be free from state-compelled affirmation is so fundamental that it stands as the one “fixed star in our constitutional constellation” that cannot be moved. State assertions of power that seek to coerce citizens to affirm government-approved ideas will inevitably fail, except when narrowly …

A Pioneer In Requiring Experiential Learning, Jane Wilson

Maryland Carey Law

No abstract provided.

Should Domestic Violence Be Decriminalized?, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan

Richard T. Schellhase Essay Prize in Ethics

It is the recommendation of this author that, in regards to this case, Jess Smith should complete the project despite her misgivings about the ethical nature of the band. However, Smith should ensure that both the client and manager are notified of her concerns along with the specific components of the project with which she took issue. The case of Jess Smith and the Design Firm ultimately highlights the issue regarding how to resolve dissonance between personal belief and professional values and more broadly the challenge of facing other ideas that challenge an individual’s personal convictions.

Expanding The Base: A Case For Increased Interprofessional Collaboration In Public Health Law And Policy, Heather A. Walter-Mccable, Marea K. Kinney, Stephanie Q. Quiring, Doug Jerolimov

Law Faculty Research Publications

No abstract provided.

Volk V. Demeerleer: An Unprincipled Divorce Of Dangerousness And The Tarasoff Duty To Protect, Jaclyn Greenberg

Washington Law Review Online

Since its inception in Tarasoff v. Regents of the University of the California, the duty to protect third parties imposed on mental health professionals (MHPs) has been the subject of considerable scrutiny. Clinicians and legal scholars alike derided the original duty to protect “anyone foreseeable” as unworkable—undermining the therapeutic relationship and placing MHPs in the impossible position of having to predict their patients’ violent future. Over time, case law and legislation narrowed the duty to something less problematic: a “duty to warn” identifiable victims who face imminent threat of serious harm. However, Volk v. DeMeerleer, reset the duty …

Experience 100+, University Of Michigan Law School

Miscellaneous Law School History & Publications

100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2017-2019.

The Reintegrative State, Joy Radice

Scholarly Works

Public concern has mounted about the essentially permanent stigma created by a criminal record. This is no small problem when the U.S. criminal history database currently stores seventy-seven million criminal records, and poor people and people of color constitute a severely disproportionate number of them. A criminal record makes it harder for people to find housing, get hired, attend college, and reunite with their families. Yet these very things have the greatest chance of helping people lead law-abiding lives and reducing recidivism. Scholars, legislators, and advocates have confronted this problem by arguing for reforms that give people with a conviction …

When A Student's Speech Belongs To The University: Keefe, Hazelwood, And The Expanding Role Of The Government Speech Doctrine On Campus, Lindsie Trego

First Amendment Law Review

No abstract provided.

Penal Incapacitation: A Situationist Critique, Guyora Binder, Ben Notterman

Journal Articles

Incapacitation of offenders has been an influential goal of criminal justice policy during the era of mass incarceration. The Supreme Court’s Eighth Amendment Jurisprudence has accepted incapacitation alone as a justifying purpose for recidivist sentencing enhancements. Yet recent Eighth Amendment decisions have required that severe sentences of incarceration be justified by reference to all purposes of punishment cumulatively, and have tested claims of incapacitative benefits against empirical evidence. This Article critiques penal incapacitation as both theoretically and empirically flawed. Incapacitation theory underestimates situational factors contributing to crime, over-attributes dangerousness to individuals, and fails to account for crime committed in prison. …

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello

UIC Law Review

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …

Sexual Violence As An Occupational Hazard And Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak

Faculty Scholarship

Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan

Faculty Publications

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley’s requirement that states prove …

New York Law School Magazine, Vol. 36, No. 2 (2017), New York Law School

New York Law School Magazine

Features:

Bookshelf: Professor David Schoenbrod’s DC Confidential: Inside the Five Tricks of Washington

Answering the Call: NYLS leads the way in a new era of immigration law

Ready to Launch: Five students reflected on beginning their final year at NYLS

Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson

Marquette Law Review

Mediation can be magical. In the face of seemingly insurmountable differences, it can lead to productive resolutions far beyond what litigation could ever produce. In the hands of sophisticated practitioners and in appropriate cases, it offers a means for participants to engage in self-determination and more flexible conflict resolution. In light of how well mediation can work, it has experienced explosive growth in all areas of conflict, and in both private and court-connected contexts. There is, nevertheless, a risk that mediators can be unskilled or, worse, affirmatively damaging. The risk is endemic to all mediation but play out in particularly …