Digital Commons Network^™

Co-Creating A Legal Check-Up In A School-Based Health Center Serving Low-Income Adolescents, Lisa Kessler, Yael Cannon, Nicole Tuchinda, Ana Caskin, Christina Balz Ndjatou, Vicki W. Girard, Deborah F. Perry

Georgetown Law Faculty Publications and Other Works

The Problem: Marginalized populations experience health-harming legal needs—barriers to good health that require legal advocacy to overcome. Medical–legal partnerships (MLPs) embed lawyers into the healthcare team to resolve these issues, but identifying patients with health-harming legal needs is complex, and screening practices vary across MLPs.

Purpose of Article: Academic and community partners who collaborate in an MLP at a school-based health center (SBHC) share their process of co-creating a two-stage legal check-up for adolescents.

Key Points: Screening adolescents for health-harming legal needs is challenging. It took ongoing collaboration to refine the process to fit the needs of …

Session 1: Access To Legal Services - The Role Of Innovation And Technology, Steven Bender, Stacy Butler, Anna Carpenter, Michael Cherry, Sands Mckinley, Kimball Dean Parker, Miguel Willis

SITIE Symposiums

This expert panel is addressing access to justice problems. People without access to lawyers and legal services suffer in many ways not limited to divorce, domestic violence, and educational roadblocks. This panel will ask what lawyers can do to help, in what ways can technology help or replace lawyers in the delivery of legal and non-legal services. It will also explore different legal services being offered by individuals who do not have a JD, online firms, and developing technology in a law firm owed subsidiary. There are six panelists who are broken into two categories: (1) the innovation and delivery …

Opening Session, Annette Clark, Steven Bender

SITIE Symposiums

This year's conference focuses on the social good, highlighting three access barriers fundamental in law and society - access to legal services (and more generally, justice), access to health and health care during the COVID-19 pandemic, and access to financial services for the unbanked or underbanked.

Foreword, Patricia E. Roberts

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

Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.

Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri

DePaul Journal for Social Justice

No abstract provided.

Flood Management In Texas: Planning For The Future, John Diggs, Samantha Mikolajczyk, Lora Naismith, Margaret Reed, Rory Smith

EENRS Program Reports & Publications

This Report examines existing flood-related regulations in Texas and the United States, the Texas State Flood Plan, current flood mitigation strategies in the state, and the potential to implement green stormwater infrastructure. The report offers policy recommendations to clarify and help alleviate the current ambiguities and uncertainties between the Texas State Water Plan and State Flood Plan for future flood mitigation practices, and to simplify the implementation of green infrastructure.

Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Judges And The Deregulation Of The Lawyer's Monopoly, Jessica Steinberg, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark

Utah Law Faculty Scholarship

In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as …

Intersectionality And Accessibility To Social Services, Nora Khuder

Thinking Matters Symposium

In times of a crisis the intersectionality of sex, class, and ability creates a vulnerable population. Many available “resources'' are exhausted, due to high demand. Intersectionality signifies the impact of multiple intersecting identities in society as a direct correlation to the specific and unique barriers of marginalized groups. Resources are currently limited due to the lack of representative data. Although many studies have been conducted, many researchers have failed to capture the need of social services in rural areas.

Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White

Dickinson Law Review (2017-Present)

The U.S. Constitution provides criminal defendants the right to a court-appointed attorney but gives no similar protection to civil litigants. Although federal law does not supply any categorical rights to counsel for civil litigants, all 50 states have instituted the right in at least one category of civil law that substantially impacts individuals’ rights. Since 2017, several U.S. cities have enacted such a right for tenants facing eviction. In so doing, these cities responded to American families’ increasing rent burden, the recent publication of nationwide eviction data, the sociological research concerning the impact of eviction, and the lack of procedural …

Ai And Legal Scholarship : Reflections On Evolution And Influences, Jonathon W. Penney

Articles & Book Chapters

Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law is designed to challenge lawyers with the practical implications that emerging technologies will have on delivering legal services and thinking about legal issues to navigate their digital transformation. By inviting thought leaders across the world and in different disciplines, ranging from privacy, contract law, and torts to governance and policy, this book goes beyond abstract and general philosophical observations on matters that concern practitioners. This practical approach has generated a wide range of global perspectives, which are refreshingly novel and timely for what are increasingly global issues. …

The "Innocence" Of Bias, Osamudia James

Michigan Law Review

A Review of Biased: Uncovering the Hidden Prejudices that Shapes What We See, Think, and Do. by Jennifer L. Eberhardt.

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen

Brigham Young University Journal of Public Law

No abstract provided.

Algorithmic Legal Metrics, Dan L. Burk

Notre Dame Law Review

Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further applications have been proposed to determine civil and criminal liability or to “personalize” legal default rules. Deployment of such artificial intelligence (AI) systems has properly raised questions of algorithmic bias, fairness, transparency, and due process. But little attention has been paid to the known sociological costs of using predictive algorithms to determine legal status. A large and growing social …

“Listserv Lawyering”: Definition And Exploration Of Its Utility In Representation Of Consumer Debtors In Bankruptcy And In Law Practice Generally, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

The author examines the communications and activities of bankruptcy lawyers participating in the listserv of the Bankruptcy Law Section of the State Bar of Texas and finds that those activities constitute a previously unrecognized form of “lawyering,” which he has defined as the work of lawyers in and through the legal system to accomplish the objectives of their clients. Review of specific postings about legal issues and practical problems by Texas bankruptcy lawyers, whose practices are primarily on behalf of individual debtors in cases under Chapters 7 and 13 of the Bankruptcy Code, and observations about the voluntary, collaborative, and …

Inside-Out: Bringing Law Students Face-To-Face With Injustice, Romie Griesmer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Paper Courts And Parental Rights: Balancing Access, Agency, And Due Process, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Across the country, state legislatures have created out-of-court, form-based processes that replace the adjudicative process in traditional courts. In the family law context, these out-of-court forms allocate fundamental parental rights, principally for unmarried and single parents, who disproportionately have low incomes and are people of color. In most states, instead of presenting their requests to a judge in a courtroom, parents can sign legal forms in a hospital room to establish paternity or at their kitchen table to assign their custodial rights to a third party. When a child is born to an unmarried mother, as 40% of children are, …

Children’S Place And Voice In Quebec’S Child Protection Proceedings, Mona Paré, Émilie De Bellefeuille

Canadian Journal of Family Law

This article explores children’s participation and their right to be heard in Quebec’s child protection proceedings. While children’s participation rights are well protected in international and domestic legal instruments, they have received little attention in relation to child protection. This article aims to fill a gap in the legal literature by reporting on the results of an empirical research project examining children’s participation in judicial child protection procedures in Quebec. The participation of judges, social workers, and children in this research sheds light on practice that is clearly inspired by the Quebec’s rights- advancing Youth Protection Act (YPA) …

A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need, Nicholas G. Miller

University of Florida Journal of Law & Public Policy

No abstract provided.

Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang

Michigan Journal of Race and Law

MJEAL chose to publish Helen Kang’s piece, Looking Toward Restorative Justice for Redlined Communities Displaced by Eco-Gentrification, because it offers a unique analytic approach for analyzing the roots of environmental racism and the appropriate tools to help rectify it. She offers an argument for why restorative justice needs to be the framework and explains how we can accomplish this in the context of a whole government solution. MJEAL is excited to offer what will be an influential approach for environmental restorative justice to the broader activist and academic community.

Seeing Those We’Ve Rendered Invisible – A Clarion Call For Criminal Justice, Stephen E. Henderson, Jordan Thomas

Faculty Articles

Jonathan Rapping, Gideon’s Promise: A Public Defender Movement to Transform Criminal Justice (Beacon Press 2020) In this brief review, we situate Rapping’s work among those demanding criminal justice reform, praise an unrelated bonus, and propose a friendly amendment to nudge his vision over the finish line of justice. It will not be enough to provide newly enabled and supported public defenders to those our systems consider indigent. We ought to provide them to us all.

People’S Electric: Engaged Legal Education At Rutgers-Newark Law School In The 1960s And 1970s, George W. Conk

Fordham Urban Law Journal

No abstract provided.

Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin

Faculty Articles and Papers

Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …

Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, Dana Neacsu

Law Faculty Publications

May 19, 2021, marked a crucial point in the United States’ fight against the COVID-19 pandemic: sixty percent of U.S. adults had been vaccinated. Since then, Americans have witnessed the beginning of the end of the COVID-19 pandemic, but its long-term effects are here to stay. Ironically, some are unexpectedly welcome. Among the lasting positive changes is an augmented sense of individual involvement in community well-being. This multifaceted phenomenon has given rise to #BLM allyship and heightened interest in mutual aid networks. In the legal realm, it has manifested with law students, their educators, lawyers, and the American Bar Association …

Critical Legal Power For Twenty-First Century Change, Martha T. Mccluskey

Contributions to Books

Published in Voices on Law and Activism: Addressing The Work of Adam Gearey, Maria Grahn-Farley, ed.

Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd

University of Florida Journal of Law & Public Policy

No abstract provided.

Do It Yourself Legal Services? Domestic Violence Victims May Depend On It, Sabrina Marquez

Seattle University Law Review

This Note will address how encouraging nonlawyer Internet programs to engage in limited areas frequently considered the “practice of law” will increase the ability of vulnerable groups, especially victims of domestic violence, to receive crucial—and potentially lifesaving—legal assistance.

Part I will outline the rise of Internet legal service providers (ILSPs), who have innovated software programs that help clients fill out and file a wide assortment of legal documents, as well as the negative response these services have received from state bar associations and the wider legal community. Part II will discuss why a different method of providing legal assistance is …

The Middle Ground: A Meaningful Balance Between The Benefits And Limitations Of Artificial Intelligence To Assist With The Justice Gap, Katherine L. W. Norton

University of Miami Law Review

Access to justice continues to be an ongoing battle for those who cannot afford an attorney in civil legal matters. These civil legal matters touch issues that significantly impact daily life, from issues relating to health, such as advance directives, to family, such as custody of children. Lawyers, courts, and scholars have attempted to tackle this ongoing problem in our justice system. Some suggest that providing free counsel for all civil legal matters is the solution, while others suggest that self-help materials provide more immediate access to services and information. Regardless of the position one takes, the need is clear …

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.