Digital Commons Network^™

Legal Issues And Outcomes Of A Medical-Legal Partnership For Cancer Patients, Allison B. Dowling, Abigail Sweeney, Megan E. Gordon, Lisa Kessler, Deborah Perry, Vicki W. Girard, Shreya Kalra

Georgetown Law Faculty Publications and Other Works

The medical-legal partnership (MLP) model is a multidisciplinary intervention with demonstrated success in addressing health-harming legal needs. We analyzed initial data from the Georgetown University Health Justice Alliance’s Cancer Legal Assistance and Well-being Project (Cancer LAW), an MLP between Georgetown University and MedStar Health serving cancer patients receiving care at an urban, safety-net hospital in Washington, D.C. The sample included 81 patients, who had an average of two legal issues, most commonly in the areas of Social Security, estate planning, housing, and health insurance. Data collected during legal representation captured both financial and non-financial benefits to patients. Patients who responded …

Procedural Justice In Parallel Lawsuits, Sarah Parks

Fordham Law Review

The American public places a high value on access to justice and having the opportunity to be heard. These values can either be upheld or diminished by routine procedural rules. The first-to-file rule is an example of an innocuous procedural rule that is a barrier to justice. Under the first-to-file rule, when two parallel suits are filed in different federal district courts, the first-filed suit will proceed, and the second-filed suit will ordinarily be dismissed or transferred to the venue of the other suit. Transfers often terminate an individual’s case because most people cannot afford to litigate far from home. …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Constitutional History Of The North Carolina Free Elections Clause, Charles Thelen Plambeck

North Carolina Law Review

No abstract provided.

“Any Rebroadcast, Retransmission, Or Account Of This Trial Without The Express Written Consent Of The Judge Is Prohibited”: The First Amendment And Judicial Constraints On Redistributing Courtroom Video, Frank D. Lomonte, Rachel Jones

Buffalo Law Review

No abstract provided.

A National Survey And Critical Analysis Of University Police Statutes, Vanessa Miller

Buffalo Law Review

This Paper provides an empirical study and critical analysis of university police statutes in all fifty jurisdictions, Guam, Puerto Rico, and the District of Columbia. The primary focus of the survey is to examine the regulatory framework governing campus police officers at public institutions of higher education. The study employs a crossdisciplinary approach, combining critical legal and qualitative analyses to provide a comprehensive overview of the legal landscape surrounding university police across the United States. The findings of the study include several key elements related to university police, such as police powers, jurisdiction, governing bodies, removal procedures, and use of …

The Undeserving Poor And The Marketization Of Medicaid, Elenore Wade

Buffalo Law Review

No abstract provided.

Measuring The Work Of The Federal District Courts, Parth Sagdeo

Buffalo Law Review

The federal district court system is one of the largest and most impactful organizations in the United States. The nation’s ninety-four district courts resolve hundreds of thousands of cases, large and small, each year. Yet surprisingly little scholarly attention has been paid to measuring the work of the federal district courts—a vitally important task. It’s important because it affects substantive law; judges routinely decide the merits of issues based on how busy they think they and other judges are. It’s important because the law relaxes procedural protections—such as the Speedy Trial Act’s seventy-day deadline to bring criminal defendants to trial—if …

Juggling Tires, Teapots, Burning Torches, And Pennies: The Challenge Of Defining The “Communities Of Interest” Criterion In Municipal Redistricting, Steve Burke

Buffalo Law Review

No abstract provided.

"You Gonna Be Like Mama": A Case Study Of Intergenerational Sex Trafficking, Lindsey M. Grabowska

Honors Thesis

Commercial sexual exploitation of children (CSEC) is a range of experiences inflicted upon children that involves sexual exploitation for financial benefit and results in many psychological harms on exploited youth. Familial sex trafficking is a subset of CSEC where the child is exploited by a family member through either intergenerational prostitution or exchanging sexual access to their child to others for commercial gain. This paper will review the available literature on CSEC and familial trafficking, focusing specifically on two important questions (1) What makes minors vulnerable to CSEC and sex trafficking and (2) What maintains the involvement on people in …

Movement Lawyering For Pretrial Justice In Eastern Tennessee, Kiah Duggins, Allen Shropshire, Avery Fairburn, Tyler Foster

Vanderbilt Social Justice Reporter

Judges in Tennessee regularly jail legally innocent people simply because those people cannot afford to pay money bail. Many of Tennessee’s citizens do not have access to healthcare, transportation, employment, or housing, which increases their chances of being arrested, being unable to afford money bail, and becoming further destabilized by pretrial detention. This socioeconomic context, combined with judges’ violations of federal law, make it difficult for advocates to protect indigent people’s pretrial liberty solely through legal tactics. Community organizers in Tennessee have, therefore, strategically combined grassroots organizing with legal tactics to advocate for automatic pretrial release. These organizers’ work demonstrates …

Why Legal Attacks On Transgender People Should Concern All Of Us, Kyle C. Velte

Vanderbilt Social Justice Reporter

No abstract provided.

Queering Carceralism, James Gacek

Vanderbilt Social Justice Reporter

This article endeavours to expand the horizons of queer carceral studies, recognizing it is an apt frame of reference for reconsidering empirical research and advocacy which welcomes queerness as a central and fundamental analytic lens to interrogate carceral capitalist logics. As I have argued elsewhere, we find ourselves in quite the carceral age. Despite the fact queer, trans, and gender nonconforming people continue to be disproportionately incarcerated, if not otherwise affected by the carceral system, queer studies has paid scant attention to the prison, while critical prison studies has only somewhat engaged with queerness. Indeed, the historical illegality, costs, and …

Reframing Genocide, Anjali Mohan

Utah Law Review

Genocide has recently taken center stage in international affairs. Both Israel and Hamas and Russia and Ukraine have accused one another of committing genocide or having genocidal aims, and each side has denounced allegations against themselves. The legal accuracy of these accusations depends, inter alia, upon whether the allegedly genocidal acts were committed with “intent to destroy,” as required by the Genocide Convention. Courts and commentators nearly all assume that the “intent to destroy” describes an individual’s internal mental state and the mens rea of the crime of genocide.

In this Article, I argue that this individualistic interpretation of genocide …

An International Prosecutor As U.S. Special Counsel, Cody Corliss

Utah Law Review

The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in …

Fragmentation Of International Cybercrime Law, Mailyn Fidler

Utah Law Review

Cybercrime is global. But legal approaches to combating cybercrime have been fragmented. The first such multilateral legal mechanism, the Budapest Convention on Cybercrime, was launched in 2001 and positioned by its primarily Western drafters as a global instrument. But it has struggled to achieve full international uptake. Instead, many states have used regional organizations to create their own legal mechanisms addressing cybercrime and cybersecurity threats. More recently, the UN Convention on Cybercrime has emerged as an alternative to this fragmented landscape. But the emergence and significance of this “convergent” option cannot be understood without the context of the deep fragmentation …

The World Cup As A Racial Rebuilt Project, Khaled A. Beydoun

Utah Law Review

Scholars, particularly Critical Race Theorists, have written trenchantly about the law’s role in racial formation. Yet, while instrumental in this process, the law does not stand alone as a conduit of making race. Particularly for misrepresented groups, like Arabs, who struggle to find existential self-determination between imperial identity impositions, ethnic cleansing, and clashing racial ascriptions, the law fails to create racial categories that reflect their lived realities.

Beyond the asymmetrical landscape of legal ordering, sport stands as a powerful site of racial formation. Sport is where racialization can unfold indigenously, rebelliously, and “from the bottom.” Particularly soccer, a game of …

Sometimes Is Not Enough: A Legislative Solution To The Failures Of The Federal Government In Compensating Civilians Harmed By U.S. Military Action, Olivia Mcquarrie

Utah Law Review

The United States has a large military presence abroad. With that presence has come instances of human rights abuses. This Note highlights the issues of civilian deaths and poisoning at the hands of the U.S. military, focusing specifically on the U.S.’s Middle Eastern theater of operations. It advocates for a comprehensive statutory scheme that requires uniform compensation to civilians while also requiring public disclosures to ensure government accountability. Previous research has focused on the cause of the U.S. military’s human rights violations abroad and methods of addressing physical and environmental harms separately. This Note proposes an approach that encompasses both …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

Illinois’S Latent Disease Transformation: No More Harsh Rulings, Joseph R. Egan

Northern Illinois Law Review Supplement

Recent amendments to Illinois statutes related to latent diseases have been the topic of current litigation. Traditionally, Illinois has placed a time limit on filing latent disease suits; however, after several self-described “harsh rulings,” the legislature amended this time-barring statute. Additionally, unlike before, plaintiffs are now allowed to go directly after employers. Employers have raised several issues concerning the constitutionality of the amendments to these statutes.

This Comment argues that the recent amendments by the Illinois legislature are constitutional because they do not violate ‘special legislation’ and are not applied retroactively. Trial judges and the Illinois Attorney General have all …

A New Chorus Of Action: Implementing Fiduciary Standards In Artist-Label Agreements, Lindsey Kokkinias

Northern Illinois Law Review Supplement

Throughout history, artists have faced exploitation by record labels through power imbalances and inequitable contractual obligations. This Comment proposes establishing a fiduciary relationship between artists and record labels, advocating for a legal framework that imposes duties of loyalty and care within the music industry. The traditional dynamics between artists and recording companies involve disparities in power, knowledge, and financial interests, often leading to contracts and practices that unfairly benefit labels at the expense of artists’ rights, earnings, and creative control. By analyzing legal precedents and case studies, this Comment demonstrates the necessity and feasibility of imposing fiduciary obligations on record …

Clark Memorandum: Spring 2025, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Primary and Professional Identity
• Never Only Two Sides
• In Defense of Zion and Her People
• The Pursuit of Happiness

Teaching The Arc Of Electric Spark: Igniting Curiosity, Creativity, And Innovation Throughout The Law School Curriculum, Jason G. Dykstra

Northern Illinois University Law Review

A heighted velocity of change enveloped the legal profession over the last three decades. From big law to rural practitioners, the traditional law firm model of billing time by the hour proved ripe for disruption. Technological advances automated many once-billable activities; enhanced client sophistication and cost-consciousness restricted law firm revenue by imposing billing guidelines and alternative fee arrangements; clients increasingly retain legal work in-house; and global competition allowed legal services to be disaggregated and outsourced to the lowest cost provider. The net effect of this disruption is reflected in the revenue of the legal services sector, which adjusted for inflation, …

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

Isaac Mwanza And Zambia Civil Liberties Union (Zclu) V The Attorney General 2024/Ccz/008, Emmanuel Banda

SAIPAR Case Review

This contribution considers Isaac Mwanza and Zambia Civil Liberties Union (ZCLU) v Attorney General, a case challenging the constitutionality of longstanding penal provisions criminalising same-sex relations. The author takes issue with the Constitutional Court’s refusal to entertain the matter on jurisdictional grounds, arguing that it misconstrued the relationship between Articles 28 and 128 of the Constitution. By deferring entirely to the High Court on Bill of Rights issues, the author contends, the Constitutional Court has left a significant gap: legislation that may violate fundamental rights now lacks a clear constitutional forum for challenge. The piece underscores a persistent ambiguity in …

Volume 8, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Coercing Virtue Or Superintending Constitutional Order? A Comment On Munir Zulu And Celestine Mukandila V Attorney General, O'Brien Kaaba, Emmanuel N. Nyambe

SAIPAR Case Review

In Munir Zulu and Celestine Mukandila v Attorney General, the Constitutional Court of Zambia intervened for the first time in a constitutional amendment process before a bill was tabled, asserting its authority to oversee executive conduct in line with constitutional principles. While the author commends the Court’s departure from a historically passive judiciary, a pointed critique is offered of the judgment’s conceptual shortcomings. The analysis highlights the Court’s conflation of constituent and constituted power, its reliance on an inaccurate historical account of past amendments, and the jurisdictional inconsistency it created with the earlier Bill 10 ruling, all of which weaken …

The Attorney General V Rajan Mahthani (Appeal No. 4 Of 2020) [2025] Zmsc (24 July 2025): Judicial Recusal And Why It Is Important To Strike A Balance, Mwami Kabwabwa

SAIPAR Case Review

This contribution examines The Attorney General v Rajan Mahthani, a Supreme Court ruling on judicial recusal. The author critically assesses the Court’s insistence on proving actual, extrajudicial bias as a prerequisite for recusal. Though the importance of shielding the judiciary from frivolous motions is acknowledged, the piece warns that the Court’s rigid stance, paired with its admonishing tone, may undermine the right to a fair hearing guaranteed under Article 18 of the Constitution. Drawing on South African and Kenyan jurisprudence, the author proposes adopting a “reasonable apprehension of bias” standard that respects judicial independence while safeguarding public confidence in the …

How Criminal Offenders Offend Society’S Equality Expectations, T. Markus Funk

SMU Law Review Forum

The public’s concern over safety and rising crime rates dominated opinion polls and played a significant role in the 2024 presidential election. This article argues that, although much has been written on the offender’s state of mind and the concrete harms offenders impose, what is missing is a more victim-centric understanding of the full scope of crime’s consequences.

Criminal offenders’ selfish, self-directed conduct subjugates the victims’ legally protected interests and conveys that they do not consider their victims’ rights sufficiently important or deserving of conduct-guiding respect. Offenders, in short, differentiate themselves from the social group by adopting the harmful mindset …