Digital Commons Network^™

Expanding Our Reach: Direct Client Representation Vs. Policy And Advocacy Impact In A Transactional Clinic, Joseph Pileri

Scholarly Articles in Law Reviews & Journals

The 2016 presidential election was met immediately around the country with calls to action for lawyers to provide legal representation and resources to vulnerable populations that would inevitably be affected by the incoming presidential administration. Lawyers showed up en masse, for example, at airports to offer services to travelers and families impacted by the executive order banning individuals from several predominantly Muslim countries from entering the country. Those lawyers were not alone. Calls also went out around the clinical community to use clinicians’ positions and resources in ways that further our work on behalf of communities which suddenly found themselves …

I'Ve Got My Mind Made Up: How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Courts are, and have always been, teleological in cases involving litigants with mental disabilities. By “teleological,” I refer to outcome-determinative reasoning; social science that enables judges to satisfy predetermined positions is privileged, while data that would require judges to question such ends are rejected. In this context, judges treat biologically-based evidence in criminal cases involving questions of mental disability law so as to conform to their pre-existing positions. This applies to cases involving questions of the death penalty, the insanity defense, civil competency, incompetency to stand trial, questions related to malingering, and criminal sentencing, and more.

In this paper, I …

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 …

Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This article explores the way in which the law currently deals with sexual violence against female children in the home – evaluating the ways in which the state has access to the private realm of the family and the ways in which civil and criminal legal systems deal with this type of trauma to girls across a spectrum of time. Research shows that the child protection system only captures a small percentage of sexual abuse right after it happens. However, research also shows that female child sex abuse survivors appear in statistically significant numbers among other groups – drug and …

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

Faculty Scholarship

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 …

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Touro Law Review

No abstract provided.

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

People will start seeking tax-exempt debt forgiveness under the Public Service Loan Forgiveness (“PSLF”) program in October of 2017 after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” I estimate that eventually 200,000 people a year or more will obtain debt forgiveness under this program, at a total cost to the Treasury of $12 billion/year or more. Estimates are that up to one-quarter of all employment will qualify as a public service job.

For such a large and costly program the precise eligibility criteria are crucial. The statutory definition of a public …

The Hidden Though Flourishing Justification Of Intellectual Property Laws: Distributive Justice, National Versus International Approaches, Shlomit Yanisky-Ravid

Faculty Scholarship

No abstract provided.

Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp

Journal of Law and Health

There are a multitude of dilemmas faced today by over 3 million significantly disabled Americans, many of whom depend on Medicaid for Long-Term Services and Supports (LTSS) in obtaining the services they need to simply live. While the landmark 1990 Americans with Disabilities Act (ADA) has done a lot to improve the lives of people with disabilities, the reality is that using Medicaid as the vehicle for funding LTSS places unreasonable restrictions on disabled people who want to live independent lives and be as successful as possible.

The Federal Government must change funding for LTSS in order to provide disabled …

Ambivalence About Parenting: An Overview For Lawyers Representing Parents In Child Welfare Proceedings, Lisa Beneventano, Colleen Manwell

City University of New York Law Review

No abstract provided.

Family Defense And The Disappearing Problem-Solving Court, Jane M. Spinak

City University of New York Law Review

No abstract provided.

Afterword, Matthew I. Fraidin

City University of New York Law Review

No abstract provided.

Segregation Or Integration: Exploring The Interprofessional Collaboration Of The Sexual Assault Response Team-A Pilot Study, Phyllis E. Adams

Doctor of Nursing Practice (DNP) Final Clinical Projects, 2016-2019

The Sexual Assault Response Team (SART) has been functioning since the early 1970’s with little research on the dynamics of the members’ interprofessional collaboration practice. A current gap in the literature is research specific to the assimilation of the disciplines within the SART and the collaborative practice of the SART. The purpose of this project study is to clarify the 12 subscales of Interprofessional Collaborative Practice (motivation, role expectations, personality style, professional power, group leadership, communication, coping, social support, organizational culture, organizational aims, organizational domain, and organizational environment) and explore how each profession perceives these subscales. The sample participants were …

A New Era Of Islamophobia: Muslim Women Fight To Find Place After Trump Fueled Hate, Doha Madani

Capstones

"A New Era of Islamophobia: Muslim Women Fight to Find Place After Trump Fueled Hate" focuses on the trend of violence and harassment against Muslim women from 2015 to 2016. The story weaves personal stories and expert opinions about the trend, which seemingly sparked from Donald J. Trump's campaign rhetoric regarding Muslims and minorities.

https://dohamadani.atavist.com/a-new-era-of-islamophobia

A Long And Pricey Road To Freedom For New York's Aging Prisoners, Khorri Atkinson

Capstones

This character-driven capstone examines the impact New York’s growing aging inmates – defined as those over 50 – have on the criminal justice system.

The stories of those who are in and have been through the system, suggest that reform effort is still dragging slowly. The sentencing policies and healthcare costs continue to have lasting consequences for inmates, their relatives and taxpayers. And early release programs, such as commutation, pardon and parole, also tend to shy away from people serving decades in prison for violent crimes because of the lingering tough-on-crime era.

https://nyagingprisoners.atavist.com/capstone-project-

Delinquency And Justice, Michael Blinick

The Catholic Lawyer

No abstract provided.

Reformers Against The Clock, William Sloan Greenawalt

The Catholic Lawyer

No abstract provided.

Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum

West Virginia Law Review

No abstract provided.

Is Applied Behavioral Analysis Education, Medicine, Or Both?: A Study Of The Funding Challenges That Accompany An Autism Diagnosis, Yaakov Pollak

Seton Hall Law Review

No abstract provided.

The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert

Publications and Research

This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …

Online Training For Judicial Officers And Court Personnel, Morgan Patten

Master of Education in Instructional Design and Technology Plan II Graduate Projects

The purpose of this project was to create two online, asynchronous courses: one on domestic violence for judicial officers and one on community supervision of sex offenders for probation and parole officers. These courses will be offered to the court community through the Supreme Court of Ohio Judicial College, which is responsible for providing education to judicial officers, court personnel, and others who serve the judiciary.

These courses were developed in consultation with Supreme Court of Ohio staff, judicial officers, and other subject matter experts. These experts evaluated the courses on at least three occasions and provided substantive feedback. Once …

Program

Health Law & Policy Conferences

No abstract provided.

Legislative Solutions To Narcotic And Drug Addiction, Joseph R. Corso

The Catholic Lawyer

No abstract provided.

Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang

Brigham Young University Journal of Public Law

No abstract provided.

Neuroscience And Sentencing, Nancy Gertner

Fordham Law Review

This symposium comes at a propitious time for me. I am reviewing the sentences I was obliged to give to hundreds of men—mostly African American men—over the course of a seventeen-year federal judicial career. As I have written elsewhere, I believe that 80 percent of the sentences that I imposedwereunfair,unjust,anddisproportionate. EverythingthatIthought was important—that neuroscientists, for example, have found to be salient in affecting behavior—was irrelevant to the analysis I was supposed to conduct. My goal—for which this symposium plays an important part—is to reevaluate those sentences now under a more rational and humane system, this time at least informed by …

The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Law And Health Care Newsletter, Vol. 24, No. 1, Fall 2016

Law & Health Care Newsletter

No abstract provided.

Maine Law Magazine - Issue No. 92, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• 2016 Commencement
  A graduating class of 82 J.D.s
• Justice for Women
  Five years of inspirational speakers
• Maine Law PLUS Program
  Stellar debut of a new program
• Refugee and Human Rights Clinic
  Making a difference for an asylum seeker
• Health Law
  Graduates are leaders in a growing field
• Student Spotlight
  Felix Hagenimana, ’18

Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong

Faculty Journal Articles

This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …