Digital Commons Network^™

“No One Can Hear You Scream”: Intimate Partner Violence And Family Justice Centers In Rural America, Jordan Stevenson

Legal Writing Competition Winners

In rural Kentucky, where cars are a necessity to traverse the rugged Appalachian Mountains and sparsely populated farmlands, “Barbara’s” abusive husband couldn’t let her get away—so he set her car aflame. Although census-defined rural areas contain only 20% of the United States population, some studies have found that intimate partner violence is more common and severe in rural areas than urban or suburban regions. 

People, especially women, in rural areas experience intimate partner violence in unique ways tied to their geographic and cultural context. Consequently, organizations, courts, and law enforcement struggle to meet the needs of affected populations in rural …

Critical Lawyering Pedagogy: Transformational Legal Education, Carolyn Grose

Faculty Scholarship

In an era marked by democratic backsliding, systemic inequality, and widespread disillusionment with legal institutions, traditional legal education has proven not merely inadequate, but actively complicit in reproducing the institutional norms, professional identities, and hierarchies that have enabled democratic erosion and the misuse of law as a tool of exclusion and domination.

This Article describes a comprehensive, justice-oriented framework that reimagines the structure, content, and outcomes of legal education to better meet those needs. Critical Lawyering Pedagogy (CLP) draws from Critical Pedagogy, Narrative Theory, and Critical Lawyering and challenges the entrenched hierarchies and exclusionary norms that dominate most law schools …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling

Georgetown Law Faculty Publications and Other Works

Since the emergence of modern clinical legal education, law school clinics have periodically faced political interference in their selection of clients and cases, interference that threatens clinics’ essential dual missions of training practice-ready lawyers and providing legal services to marginalized clients who would otherwise lack representation. While such pressure is not new, contemporary threats differ in scale and institutional form. Today, funding, oversight, and enforcement mechanisms are weaponized in an attempt to discipline universities, heightening institutional anxiety and prompting some universities to contemplate preemptive constraints on clinic autonomy in the name of risk management and reputational protection. This shift to …

A Trusteeship Theory Of Pro Bono: Versions And Perversions, David Luban

Georgetown Law Faculty Publications and Other Works

This chapter develops a trusteeship justification of pro bono, arguing that lawyers, as trustees of a public legal system created through democratic self-authorship, have a moral obligation to help address the persistent justice gap affecting persons of limited means. It evaluates multiple forms of pro bono — including voluntary, mandatory, low bono, and state-compelled service — evaluating how well each aligns with the trusteeship model. The chapter contrasts the trusteeship theory with, and criticizes, two alternative justifications for pro bono: presumed lawyer consent rooted in professional tradition and a quid pro quo based on state-authorized privileges. It concludes by distinguishing …

Ain’T Nothing Like The Real Thing: How Legal Research Programs Can Provide The Needed Safety Rails For Pro Se Litigants Using Ai In Litigation, Nicole Belbin

Faculty Scholarship

An estimated 92% of legal needs go unmet in America, leaving a growing number of pro se litigants to “manage their own cause.” Between 2000 and 2019, 27% of all civil cases filed in U.S. District Courts, totaling 1,501,079 cases, had at least one party without attorney representation. The legal profession is abuzz about the potential for generative artificial intelligence (GenAI) tools to “smooth out any mismatch between available resources and urgent needs in our court system”; however, “hallucinations” have quickly proved a limitation to reaching this technology’s full potential. The complexity of legal research and analysis increases the chance …

Cedaw's General Recommendation No. 37: A Sweeping Reconceptualization Of Women’S Rights In The Climate Crisis And A Tool To Assess State’S Compliance With Them, Ingrid Nifosi-Sutton

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: Climate change is one of the most formidable challenges of our time that threatens our way of life and the very existence of humankind. While climate change has negative impacts on all persons, it affects women and girls disproportionately. During floods and severe storms fueled by climate change, for example, women are more likely to die than men because they lack access to essential information on how to survive in these emergencies. In certain regions of the world—such as Sub-Saharan Africa—women smallholder farmers are bearing the brunt of climate change because, in the aftermath of droughts, these women have …

It’S (Not All) Personal: Civil Litigation And The Values Of Rights Of Action, Hanoch Dagan, Avihay Dorfman, Issi Rosen-Zvi

American University Law Review

Existing approaches to civil litigation, both regarding its theoretical underpinnings and its practical instantiations, take diametrically opposing perspectives on the value of personal rights of action. Some view them as inviolable and thus vehemently oppose any mandatory arbitration clauses and treat class actions as presumptively dubious. Others have no principled objection to either, as they perceive personal rights of action as mere technologies that are painlessly dispensable if the substantive values underlying the claim at hand can be realized more effectively through a more efficient mechanism.

In this Article, we reject both of these ‘all or nothing’ approaches and offer …

Silenced By Fear: Undocumented Immigrant Victims Of Sexual Assault, Adriana Isabel Herrera

FIU Law Review

Imagine being sexually assaulted and then having to choose between justice or deportation. In today’s climate of heightened immigration enforcement, many undocumented immigrant victims of sexual assault understandably remain silent. After all, who would risk everything just to report a crime that might get them deported? The fear of being separated from their families, ripped from the lives they have built, and sent back to dangerous conditions in their home countries prevents these victims from coming forward and seeking justice. Additionally, the current protections available to them are flawed and insufficient—primarily due to the U visa cap and prolonged processing …

Bridging The Rural Justice Gap: A Scalable Solution Rooted In Clinical Legal Education, Michelle Paxton

Northwestern Journal of Law & Social Policy

The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which hinder effective advocacy for vulnerable children and families.

This article argues that clinical legal education, when paired with structured post-graduate training and multidisciplinary consultation, offers a replicable model for addressing the rural attorney shortages in juvenile court advocacy. The Nebraska Children’s Justice and Legal Advocacy Center (NCJC) illustrates how this model can be designed and scaled to …

Public Defender Discretion, Alma Magaña

Articles

A focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from ethical rules of practice and Supreme Court jurisprudence, have significant decision-making authority in the cases of indigent persons charged with crimes.

This Article will, for the first time, explore the historical rationale for giving public defenders the power to make life-altering decisions for their clients. Specifically, it dissects the …

Preventive Transparency In Third-Party Litigation Funding, Seth Katsuya Endo

Northwestern University Law Review

For years, efforts to comprehensively regulate third-party litigation funding have been unsuccessful. But bills requiring mandatory disclosure are being introduced in Congress, and the Advisory Committee for Civil Rules has finally agreed to take up the issue. By grounding the discussion of third-party litigation funding in both the broader civil procedure and professional responsibility scholarship, this Article identifies an easy, uncontroversial reform to preventively address the categorical concerns raised by the practice. The primary contribution is a doctrinal intervention, identifying how legal ethics are an integral part of federal civil procedure and then drawing out the implications for third-party litigation …

Assembly-Line Public Defense, David S. Abrams, Priyanka Goonetilleke

Faculty Scholarship

Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both underfunded and understudied. This Article provides empirical analysis to contribute to a critical question: How should public defender systems be structured?

Criminal justice advocates, scholars, and the American Bar Association strongly favor vertical representation in public defense. Under this model, a single public defender represents a defendant throughout their case, from their initial appearance through sentencing. The alternative approach—horizontal representation—operates like an assembly line: Different attorneys handle each stage of …

“Justice Of Our Own”: Defining Success At The Red Hook Community Justice Center, Hadar Dancig-Rosenberg, Peter Dixon

Vanderbilt Law Review

This study examines how success is defined at the Red Hook Community Justice Center in Brooklyn, NYC, through a participatory, community centered lens. Moving beyond standard metrics, it articulates a locally grounded vision of success centered on empowerment, support, systemic accountability, and community trust. Drawing on the Everyday Peace Indicators approach, we convened nine focus groups and two public voting sessions with neighborhood residents, justice professionals, youth, former defendants, and family members. Participants generated and ranked 72 indicators, which we thematically clustered into six key categories reflecting the diverse contexts in which participants perceived the Center's impact: (1) rehabilitation and …

Movement Legacies And Lessons - Moderator: Scott Titshaw, Suzanne Goldberg, Shannon Minter, Adelina Nicholls

Mercer Law Review Symposium

Forty years ago, civil rights legend Bayard Rustin described lessons from other civil rights movements that, at the time, seemingly could inform gay rights activists in the 1980s. More recently, Evan Wolfson, an architect of the freedom-to-marry movement, has outlined several lessons of that movement that could be applied by activists in other fields, ranging from Palestinian peacemakers to transgender rights activists. Some activists may embrace these lessons, while others may passionately reject them. This panel seeks to explore how various civil rights movements have learned and borrowed from each other over time, possibly carving out lessons for current and …

The Constitutional Law Legacy Of The Freedom-To-Marry Movement - Moderator: Gary Simson, Jon Davidson, Suzanne Goldberg, Eric J. Segall

Mercer Law Review Symposium

This panel will likely discuss the extent future viability of the Obergefell legacy in light of recent Supreme Court decisions, such as Dobbs v. Jackson Women’s Health Organization and Department of State v. Muñoz, which have retreated from both the substantive due process jurisprudence that underpinned Obergefell and the traditionally robust understanding of constitutional marriage rights. This continuing viability may rely on alternative rationales such as stare decisis, equal protection, or even religion clause principles. Panelists might also choose to discuss recent First Amendment jurisprudence as it threatens to narrow the rights of same-sex spouses.

Gary Simson is Macon …

The Family Law Legacy Of The Freedom-To-Marry Movement - Moderator: Bonnie Carlson, Jessica Feinberg, Tanya Monique Washington, Marcia A. Zug

Mercer Law Review Symposium

The freedom-to-marry movement sparked sometimes unintended reactions, including accelerated legal recognition of nonmarital partners and new, alternative legal institutions, such as domestic partnerships, civil unions, and reciprocal beneficiaries. This panel will likely explore this path and the resilience of these legal innovations for same- and different-sex couples. Obergefell and its progeny, Pavan v. Smith, have also raised family law questions that have yet to be definitively resolved, such as the constitutionality of discrimination in parentage presumptions between same- and different-sex spouses. Finally, the panel might also address possible legal recognition for polyamorous relationships, which have been discussed since Obergefell …

Flattening The Eviction Curve: Lessons From Los Angeles About Tenant Protection During A Pandemic (And Beyond), Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

Health policy responses to the Covid-19 pandemic often focused on “flattening the curve.” Health officials and politicians took steps to try to limit the number of people who were sick at any one time, to protect hospitals from being overwhelmed by a flood of patients. Some legal responses to evictions during this time were based on a similar rationale.

Similar to public health concerns around Covid-19, tenant advocates were concerned with the possibility that economic effects of the pandemic could lead to a “tsunami” of evictions hitting all at once and overwhelming legal advocates and tenant communities. Tenant advocates argued …

"Have You Met My Lawyer?" And "Making Lists Of What Was Lost", Kirsten Anderson

Loyola Interdisciplinary Journal of Public Interest Law

The theme of what justice looks like for those experiencing homelessness finds expression in two poems by social justice lawyer and poet Kirsten Anderson. Based on her nearly two decades of representing clients experiencing homelessness, she explores the nature of the client-lawyer relationship in a society where lawyers are usually only available to persons with wealth and power. Both poems explore the consequences of housing not being recognized as a human right—given visible expression in a humanitarian crisis of homelessness in a country where the rent is unaffordable for more than half the population.

The first poem, “Have you met …

Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

The speakers for this symposium explored the intersection of housing justice and the legal and policy obstacles encountered in rebuilding efforts in Los Angeles following the devastating wildfires. The wildfires burned more than 55,000 acres. That's approximately the size of Los Angeles city. Destroyed over 16,251 structures and has claimed at least 29 lives. These fires were the most catastrophic in all of Los Angeles County's history. The speakers discussed the challenges faced by displaced communities amid ongoing housing shortages, as well as the broader implications for housing policy and zoning. The conversation examined how attorneys, policy makers and the …

A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin

Washington Law Review

This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in state-run inmate work programs. This statutory carveout is contrary to the rehabilitative purpose of Washington’s prisons because it impedes incarcerated people’s ability to afford necessities, participate in rehabilitative programs, and reintegrate into society. This exemption is unconstitutional under the state’s cruel punishment clause, because it is disproportionately cruel punishment and an excessive fine that incarcerated workers cannot afford. The exemption is also unconstitutional under the state’s privileges and immunities clause, because …

Before “Once Upon A Time”: Creative Class Exercises That May Foster Law Student Proficiency In Gathering Information During A Client Interview, Laura A. Frase

St. Mary's Law Journal

No abstract provided.

Access Denied: The Poor's One-Hundred Year Long Fight For Judicial Equality, Austin Jones

The Ozark Historical Review

This work discusses Reginald Heber Smith's Justice and the Poor and the framework that is described within to provide equal access to the judicial system. The writer posits that this goal has yet to be reached.

Law School News: The Surprising Impact Of Pro Bono Opportunities 9-2-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Changemakers: Nate Reid : L'26 : The Surprising Impact Of Pro Bono Opportunities 09-02-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes

Faculty Scholarship

The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.² A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.³ Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

Cardozo Law Launches The National Immigration Habeas Institute, As Part Of Its New Center For Immigration Innovation, National Immigration Habeas Institute, Center For Immigration Innovation

Cardozo Law News Archive

Cardozo School of Law has launched the Center for Immigration Innovation, which will serve as a hub for immigration-related initiatives, including the new National Immigration Habeas Institute (NIHI). A partnership with the National Immigration Litigation Alliance, NIHI will train attorneys to litigate federal habeas petitions—an increasingly critical tool to protect noncitizens facing detention or deportation. The Center will also house the Kathryn O. Greenberg Immigration Justice Clinic and a new Immigration Research Institute, which will host scholarship workshops, speaker series, and service-learning trips. Co-Directors Peter Markowitz and Lindsay Nash emphasized that the Center will strengthen advocacy, scholarship, and hands-on training …

Making The Margins Visible: Dignity At Work And The Promise Of Puttaswamy—Review Of Gendered Bodies And Worlds Of Labour: Reconceptualizing Dignity After Puttaswamy Vs Union Of India, Shreya Shree

National Law School Journal

This review examines Kalpana Kannabiran and Devi Jagani’s reimagination of dignity as a framework for securing justice in gendered labourscapes. By centering a broad and dynamic understanding of dignity as a right, an inherent characteristic, and an enabling condition for rights-talk, the book advances new ways of articulating rights-claims through an intersectional and interdisciplinary reading of the Indian Constitution. The review highlights the significance of this approach in renewing understandings of the worker, labour, discrimination, and rights, while exploring its possibilities and limits in confronting violence and injustices embedded in gendered labour relations within the domestic sphere and beyond.

The Impact Of Artificial Intelligence On Access To Justice: Predictive Analytics And The Legal Services Market, Matthew Dylag

Dalhousie Law Journal

This paper examines how developers of predictive analytics—a technology using artificial intelligence (AI) to predict the outcomes of legal disputes—position their product vis-à-vis access to justice. In particular, it examines how two companies market their software to better understand how this technology is being integrated into the legal services market and to comment on the software’s potential impact on access to justice. The first part of this paper reviews the access to justice landscape and examines existing critiques of AI supported technology from an access to justice perspective. The second part briefly outlines the scope and design of the study, …