Digital Commons Network^™

Teaching And Practicing Community Development Poverty Law: Lawyers And Clients As Trusted Neighborhood Problem Solvers, Susan Bennett, Alicia Alvarez, Louise Howells, Hannah Lieberman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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 …

Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Freeing The Law, Khelani Clay

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Luxembourg Judicial Style With Or Without The Uk, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

“Were the Court to leave the world, the world would continue without our participation,” 1 writes Justice Breyer to explain that global constitutionalism will survive regardless of the more or less isolationist role that the US Supreme Court chooses for itself. In an era of increasing relevance of international treaties, Breyer explains, the Supreme Court has acquired a deeper knowledge of other legal systems and its judges welcome exchanges with foreign judges, bar associations and students.2 The parallel with the US context is that even if the United Kingdom leaves the EU and “Brexit means Brexit,” in its harder or …

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.

Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Fair Use Is Good For Creativity And Innovation, Bill Patry

Joint PIJIP/TLS Research Paper Series

Commenting on legal debates in other countries is usually bad manners. When, however, the debates concern a law from your own country, and that law is being misrepresented, it may be of service to set the record straight. The record, based on almost 300 years of Anglo-American case law and the experiences of those of us who apply fair use every day in our jobs, demonstrates that fair use is good for creativity and innovation, and in practice works well. You don’t have to take my word for it; if you are willing to put the time in, and have …

Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber

Scholarly Articles in Law Reviews & Journals

The results of the 2016 presidential election and the efforts by the Trump administration to make sweeping changes to a wide range of federal policies have left communities across the country feeling overwhelmed and threatened. In its first year, the Trump administration has been working steadily to slash budgets for health care, housing, infrastructure, schools, and other public benefits that help low-income and middle-class Americans, while adopting policies and engaging in rhetoric that has made many immigrants, Muslims, people of color, and LGBTQ people feel increasingly vulnerable and marginalized.

The authors of this commentary run law clinics that provide pro …

Freeing The Law, Khelani Clay

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Productivity Puzzle: How Can We Speed Up The Growth Of The Economy?, Jonathan Baker, Louise Sheiner, Martin Neil Baily, David Wessel, Robert Barro, J. Bradford Delong, Bronwyn Hall

Presentations

Video link: https://youtu.be/dojtWYrjnbc After nearly a decade of strong productivity growth starting in the mid-1990s, productivity growth has slowed down over the most recent decade. Output per hour worked in the U.S. business sector has grown at only 1.3 percent per year from 2004 to 2015, and growth was even slower from 2010 to 2015 at just 0.5 percent a year. These rates are only half or less of the pace of growth achieved in the past. The United States is not alone in facing this problem, as all of the major advanced economies have also seen slow productivity growth. …

The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican

Criminal Law Practitioner

No abstract provided.

Can Parallel Lines Ever Meet? The Strange Case Of The International Standards On Sovereign Debt And Business And Human Rights, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This special issue is a cooperation of the Yale Journal of International Law and the United Nations Conference on Trade and Development (UNCTAD). It emerged from UNCTAD’s work on sovereign debt workouts, specifically from its Working Group on a Sovereign Debt Workout Mechanism (2013 to 2015). The working group developed a Roadmap and Guide for Sovereign Debt Workouts, published in 2015. It proposes an incremental approach to sovereign debt workouts that relies on the continuous, progressive development of sovereign debt restructuring practice. This work has inspired the adoption of Basic Principles for Sovereign Debt Restructuring by the United Nations General …

Suffering In Silence: The Survey Of Law Student Well-Being And The Reluctance Of Law Students To Seek Help For Substance Use And Mental Health Concerns, David Jaffe, Jerome Organ, Katherine Bender

Scholarly Articles in Law Reviews & Journals

This article reports the results of the Survey of Law Student Well-Being (SLSWB) implemented in spring 2014 at fifteen law schools around the country. The SLSWB is the fi rst multischool study in over twenty years to address law student use of alcohol and street drugs, and the fi rst-ever multischool study to explore prescription drug use and the mental health concerns and helpseeking attitudes of law students. The results of the study indicate that roughly one-quarter to one-third of respondents reported frequent binge drinking or misuse of drugs, and/or reported mental health challenges. Moreover, the results indicated that signifi …

National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

Numerous scholars have commented on the judicial style of the Court of Justice of the European Union and its non-Herculean judges, generally disapproving of its minimalist reasoning, lack of transparency, and failure to draw openly on comparative legal sources to avoid inconsistencies and weaknesses in its legal reasoning. In a debate where both historians and sociologists have provided new avenues of research, the paucity of comparative lawyers is surprising because European law is a quintessential example of a transnational legal order. Since its inception, European judges, advocates general, and lawyers in Luxembourg have drawn inspiration from the different national legal …

The Feminist Case For Acknowledging Women's Acts Of Violence, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This Article makes a feminist case for acknowledging women’s acts of violence as consistent with — not threatening to — the goals of the domestic violence movement and the feminist movement. It concludes that broadly understanding women’s use of strength, power, coercion, control, and violence, even illegitimate uses, can be framed consistent with feminist goals. Beginning this conversation is a necessary — if uncomfortable — step to give movement to the movement to end gendered violence.

The domestic violence movement historically framed its work on a gender binary of men as potential perpetrators and women as potential victims. This binary …

The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi

Research Reports & White Papers

The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …

Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein

American University Law Review

No abstract provided.

Reframing The Socratic Method, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

While innovations in law teaching are everywhere, these innovations are being constructed upon and limited by the ancient architecture of the case-based Socratic method, which still endures and persists throughout first-year and upper-level courses. This article highlights how the Socratic method limits the depth and breadth of innovations in law teaching and can be reframed to better catalyze other teaching innovations, create more practice-ready lawyers, and cultivate more inclusive and inviting law classrooms. Within the existing framework of law teaching – the same casebooks, class sizes, and teaching style – the case-based Socratic method can be reframed in three straight-forward …

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.

Expunging America's Rap Sheet In The Information Age, Jenny Roberts

Scholarly Articles in Law Reviews & Journals

"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …

Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell

Criminal Law Practitioner

No abstract provided.

Condemning A Residential Mortgage Loan: Is It An Extraterritorial Taking?, Michael M. Sandez

American University Business Law Review

No abstract provided.

The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski

American University Business Law Review

No abstract provided.

Going Green: Legal Considerations For Marijuana Investors And Entrepreneurs, Frank Robison

American University Business Law Review

No abstract provided.

The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili

American University Law Review

No abstract provided.

Property Rebels: Reclaiming Abandoned, Bank-Owned Homes For Community Uses, Valerie Schneider

American University Law Review

No abstract provided.

Thought And Advocacy About Student Debt: Representation Of Low-Income Borrowers In Law School Clinical Programs, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Gender Respect Education: A Proposal To Combat Commercial Sexual Exploitation, Serena Patel

American University Journal of Gender, Social Policy & the Law

No abstract provided.