Digital Commons Network^™

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

All Faculty Scholarship

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. This risk is endemic to all mediation but play out in particularly …

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

Articles

No abstract provided.

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

Articles

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

Loyola University Chicago Law Journal

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 …

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Introduction, Anna Kirkland, David Moran, Angela K. Perone

University of Michigan Journal of Law Reform

Introduction to the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.

Discriminating Gender: Legal, Medical, And Social Presumptions About Transgender And Intersex People, Janet L. Dolgin

Hofstra Law Faculty Scholarship

"Discriminating Gender: Legal, Medical, and Social Presumptions About Intersex and Transgender People” analyzes the significance of the binary-gender presumption in legal responses to intersex people and to transgender people. Both intersex and transgender status challenge familiar understandings of gender, sex, bodies, and personhood. Intersexuality challenges the cultural belief that that everyone can be, and should be, categorized as female or as male. And transgender status challenges the belief that gender and sex are always coincident and that they are established at a person’s birth. More fundamentally, differences in social and legal responses to both transgender people and to intersex people …

The Negative Impact Of Intellectual Property Patent Rights On Developing Countries: An Examination Of The Indian Pharmaceutical Industry, Nadia Natasha Seeratan

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

No abstract provided.

Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer

Articles

This article focuses on the application of the Rules of Professional Conduct to licensed attorneys who serve in non-lawyer jobs in government. There is a fair amount of literature about members of the bar who serve as staff counsel in legislatures or executive agencies. There is also literature on Rule 5.7 of the ABA Model Rules of Professional Conduct (“Responsibilities Regarding Law-related Services”) in the context of practicing lawyers who participate in ancillary “non-lawyering” business activities. Model Rule 5.7 deals with “services that might reasonably be performed” or “are related to the provision of legal services” but which are permitted …

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry C. Feld

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Intersectionality And The Constitution Of Family Status, Serena Mayeri

Constitutional Commentary, Vols 1–36 (1984–2022)

Part of Symposium: The Constitution and the Family

Assessing The Viability Of Race-Neutral Alternatives In Law School Admissions, Eboni Nelson, Ronald Pitner, Carla Pratt

Faculty Articles

The past several years have been challenging times for law schools. Many have experienced declines in student enrollment due to a shrinking applicant pool. The declining number of applicants presents increased challenges for law schools, particularly concerning their efforts to educate students in racially diverse learning environments. In light of recent challenges to the constitutionality of race-conscious affirmative action, it is imperative to engage in a project, such as this, that examines the relationship between racial categories and race-neutral identity factors in law school admissions. Understanding the relationship between racial groups and certain race-neutral identity factors will help law schools …

Addressing Controversies About Experts In Disputes Over Children, Nicholas Bala, Rachel Birnbaum, Carly Watt

Canadian Journal of Family Law

There is significant controversy about the use of experts in child-related disputes in family and child protection proceedings in Canada. The 2015 Lang Review of the Motherisk Laboratory at Toronto's Hospital for Sick Children concluded that experts retained by child protection agencies were introducing unreliable expert testimony about parental drug and alcohol use. The recent decision of Ontario Court of Appeal in M. v. F. suggested that evidence from a party-retained expert critiquing the opinion of a court-appointed psychologist is "rarely" helpful or admissible. This paper addresses these and related controversies about the use of experts in child-related cases. It …

Breaking Bread And The Law: Criminalizing Homelessness And First Amendment Rights In Public Parks, Caleb Detweiler

Valparaiso University Law Review

No abstract provided.

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Pope

Faculty Scholarship

How should we make medical decisions for incapacitated patients who have no available legally-authorized surrogate decision maker? Because these patients lack decision making capacity, they cannot authorize treatment themselves. Because they lack a surrogate, nobody else can authorize treatment either. Clinicians and researchers have referred to these individuals as “adult orphans” or as “unbefriended,” “isolated,” or “unrepresented” patients. Clinicians and researchers have also described them as “unimaginably helpless,” “highly vulnerable,” and as the “most vulnerable,” because “no one cares deeply if they live or die.”

The persistent challenges involved in obtaining consent for medical treatment on behalf of these individuals …

Assessing Law Students As Reflective Practitioners, Jodi Balsam, Susan L. Brooks, Margaret Reuter

Faculty Scholarship

No abstract provided.

Problem-Solving Courts In Illinois: Courtroom Innovation Favoring Adjustment Instead Of Adjudication, Arielle Berens

Loyola University Chicago Law Journal

No abstract provided.

Dispute System Design And Bias In Dispute Resolution, Lisa Blomgren Amsler, Alexander B. Avtgis, Michael Scott Jackman

SMU Law Review

This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Service. Mediation represents a forum of accountability in which employees may hold an employer accountable for violating federal law prohibiting forms of employment discrimination, in this case, race discrimination, sex discrimination, and sexual harassment. Representative bureaucracy theory suggests passive or symbolic representation when the demographics of public officials should mirror those of the public they serve. Some research suggests …

Seeking Inclusion From The Inside Out: Towards A Paradigm Of Culturally Proficient Legal Education, Anastasia M. Boles

Law Faculty Scholarship

No abstract provided.

Measuring The Impact Of Social Justice Teaching: Research Design And Oversight, Lisa Radtke Bliss, Sylvia B. Caley, Leslie E. Wolf

Faculty Publications By Year

Research and the production of scholarship is a fundamental part of being a legal academic. Such endeavors identify issues and answer questions that further understanding of the law, the profession, and the justice system itself. Research and scholarship in the legal academy traditionally meant the study of law and legal theory. A growing body of legal academics are focusing research and scholarship on legal education itself, as well as research that measures the impact of legal education on the development of students' practical and professional skills. The impact of clinical legal education is an important aspect of this scholarship. This …

The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa

Marquette Sports Law Review

None

The Quad (The 2017 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• 30th Annual Distinguished Alumni Awards
• Spring Break 2017: Crayons as Contraband
• The Mustang Bar rolls our new chapters and events to help alumni connect
• CEO and Co-Founder of Global Health Corps and former first daughter Barbara Bush discusses a new generation of global health crusaders

Next Up: A Proposal For Values-Based Law Reform On Unilateral Withholding And Withdrawal Of Potentially Life-Sustaining Treatment, Jocelyn Downie, Lindy Willmott, Ben White

Articles, Book Chapters, & Popular Press

As the legalization of assisted dying shifts from a project for law reform to one of implementation, the gaze for Canadian end of life law and policy academics and practitioners should be turned quickly to another pressing issue – the unilateral withholding and withdrawal of potentially life-sustaining treatment. What should happen when the health care team believes that treatment should not be provided and the patient’s loved ones believe that it should? While the future of end of life law and policy no doubt includes many other issues, this is an urgent and immediate horizon issue for Canada as well …

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

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

Articles

I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

University Of Nebraska At Omaha 2017-2018 Course Catalog, University Of Nebraska At Omaha

Graduate Catalogs

The University of Nebraska Omaha (UNO) is a premier metropolitan university that combines the resources of a doctoral research institution with a thriving community in the heart of Omaha.

With a global reach and vision, UNO is large enough to provide opportunities students seek, yet personal enough to include the mentorship they need to achieve academic excellence, creativity, and engaged learningat competitive tuition rates.

UNO is committed to and engaged with the city surrounding it, allowing students unique hands-on opportunities, internships, service learning,applied research, and other collaborative activities that enhance time in the classroom.

This is the ”O” we want …

Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway

University of Colorado Law Review

No abstract provided.

Comments On Restatement Of Employment Law (Third), Chapter 1, Charlotte Garden, Joseph E. Slater

Faculty Articles

This article addresses the Restatement of Employment Law, Chapter 1, on the “Existence of Employment Relationship.” The Labor Law Group previously responded to a draft version of this chapter. This article will not revisit all the considerations discussed in that article. Instead, it will focus on three issues within this topic that have become increasingly important in recent years that the Restatement does not adequately address. These three issues are: the joint employer relationship; the use of unpaid interns; and the rise of the “gig” economy, with its attendant questions about employee status in enterprises such as Uber or Lyft. …

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, Rosa Castello

Faculty Publications

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 …

Who Goes To Graduate School And Who Succeeds?, Sandy Baum, Patricia Steele

Commissioned Research

During the Great Recession, those with college degrees fared much better than those without degrees, but a number of college graduates struggled to find satisfactory employment, leading many to graduate study. The option of seeking an advanced degree has gained momentum in recent decades, and now some observers call the master’s degree the “new bachelor’s degree.” This brief is the first in a series addressing questions about enrollment and success in graduate school, funding of graduate students, the conceptual differences between undergraduate and graduate students, and the data available to address these questions. As participation in graduate programs rises, it …

When Genealogy Matters: Intercountry Adoption, International Human Rights, And Global Neoliberalism, Barbara Stark

Hofstra Law Faculty Scholarship

This Article traces the genealogies of intercountry adoption, human rights, and neoliberalism and explains how they converge. Part I examines adoption genealogies, noting that “stranger” adoption erases genealogy, eliminating the legal and social consequences of an illegitimate birth and giving the child a new legal identity. This Part then describes the globalization of adoption after World War II, including the paradox of “saving” children by sending them away, and the futility of erasing genealogy when it is as plain as the nose on a child’s face, or the shape of her eyes, or the color of her skin.

Part II …