Digital Commons Network^™

The Ethical Gap Of Firms’ Marketing Practices: A Comparison Between The Brazilian And French Markets, Fabio Lotti Oliva, Peter Kelle

Faculty Publications

Purpose: The corporate ethical behavior is a subject that instigates the reflection and practice of researchers and managers in general. Companies dedicate efforts to offer something valuable to society, making profits and usually doing it in compliance with the current legal system. Specifically in marketing activities, there is a higher potential for conflict between the business conduct and the expectations of society. The purpose of this paper is to analyze the ethical gap of the marketing activities of companies in the Brazilian and French markets. Design/methodology/approach: As a conceptual framework, the authors adopted the main theories on marketing activities, ethical …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

The Attorney-Client Privilege, Client Professions And Wrongful Convictions: Immunity As A Statutory Solution, Richard E. Myers Ii

Faculty Publications

No abstract provided.

Housing Defense As The New Gideon, Kathryn A. Sabbeth

Faculty Publications

New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC’s ground-breaking legislation. The Article draws on NYC’s housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court’s indirect response to the Civil Rights Movement. In contrast, the NYC legislature …

Inequality, Innovation, And Patents, Colleen V. Chien

Faculty Publications

This article explores the relationship between patents, innovation, and inequality, making three contributions. First, it reveals how shifts in patented innovation over the last several decades have contributed to broader social and economic shifts, away from manufacturing-based, domestic, and independent innovation, and towards digital, foreign, and corporate innovation, validating both optimistic accounts of immigration-driven, digital prosperity and pessimistic accounts of the shrinking role of domestic innovators. Second, it offers a framework for understanding the relationship between innovation and inequality that includes both the potentially inequality-increasing impacts of innovation and the potentially inequality-decreasing impacts of innovation and specifies the contribution of …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Hannah Haksgaard, Lisa Pruitt, Danielle Conway, Michele Statz, Lauren Sudeall, Amanda Kool

Faculty Publications

No abstract provided.

“Say What?”—Using Interpreters On Children’S Cases, Jennifer Baum

Faculty Publications

(Excerpt)

Much attention has been paid over the years to training lawyers on best practices for representing children, but scant attention has been paid to the proper representation of non-English speaking children. However, recent changes to the United States’ immigration policy and practice have thrust this extra-vulnerable client population into the legal spotlight, and children’s lawyers are increasingly being called upon to provide legal services to clients who require translation or interpretation.

While both terms are often used interchangeably, “translation” refers to the conversion of written materials from one language to another while “interpretation” means the conversion of speech from …

Simplicity As Justice, Kathryn A. Sabbeth

Faculty Publications

Simplification of the legal system has attracted attention as a means of improving access to justice. A major motivation driving reform is the perception that pro se litigants have flooded the courts and begun clogging up the wheels of justice. Ordinary people do not know rules of procedure, evidence, or substantive law; do not handle their cases effectively or efficiently; and have, the argument goes, generated a “pro se crisis.” A number of states and localities have responded by increasing the availability of legal services, funding programs that offer solutions ranging from limited assistance to full representation, and a few …

Changing Times, Changing Relationships For The Bench And Civil Bar, Paula Hannaford-Agor

Faculty Publications

For the past century, the interests of the bench and bar in delivering justice to civil litigants were closely aligned. As civil litigants’ needs change, courts recognize they must lead the way on civil justice reforms both for their own sake and to encourage productive change in civil legal practice.

The Politics Of Immigrant Rights: Between Political Geography And Transnational Interventions, Deborah M. Weissman

Faculty Publications

No abstract provided.

Do Accounting Firm Consulting Revenues Affect Audit Quality? Evidence From The Pre- And Post-Sox Eras*, Ling Lei Lisic, Linda A. Myers, Robert Pawlewicz, Timothy Seidel

Faculty Publications

In recent years, public accounting firms have experienced a steady increase in the proportion of their revenues generated from consulting services. Although growth in consulting revenue following the Sarbanes-Oxley Act (SOX) has been generated primarily from services provided to nonaudit clients, regulators have expressed concerns about the potential implications of this increase for audit quality. In contrast, accounting firms assert that the expertise developed by their consulting professionals helps them to provide better quality audits. We examine the relation between the proportion of accounting firm consulting revenue to total revenue and audit quality and investor perceptions of audit quality. Because …

Sexual Orientation And Gender Identity Discrimination, Holning S. Lau

Faculty Publications

No abstract provided.

Taxing Systemic Risk, Eric D. Chason

Faculty Publications

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Endrew F.'S Unintended Consequences, Claire Raj, Emily Suski

Faculty Publications

More than thirty years ago, the Supreme Court held that students with disabilities have a substantive right to a “free appropriate public education,” or “FAPE,” under the Individuals with Disabilities Education Act (IDEA). At that time, however, it declined to set a standard for evaluating that right. This year, the Court re-visited the issue in Endrew F. ex rel. Joseph F. v. Douglas County School District and finally and unanimously set that standard. The Court determined that a child’s individualized education program (IEP), the document that sets out a child’s special education services, must be “reasonably calculated to enable a …

Technically Bankrupt, Brook E. Gotberg

Faculty Publications

What is the difference between a robot and a lawyer? The answer is not a joke, and may soon be a matter of great urgency for attorneys, as the legal field attempts to adjust to disruptive technologies that are likely to permanently alter the way that law is practiced throughout the United States. The consequences for failing to adjust to technological disruption for any industry, as demonstrated in recent years by big-name, bankrupt companies, can be disastrous. Legal tools found in chapter 11 of the Bankruptcy Code are largely intended to assist debtors in reorganizing their business affairs, preserving value …

Busting Up The Pretrial Industry, Andrew S. Pollis

Faculty Publications

It is by now axiomatic that the objective of the civil lawsuit has evolved. Litigants no longer routinely resolve their disputes through trial but instead engage in pretrial battles designed to extract favorable settlements. Modern litigation revolves around protracted discovery and dispositive motions, driven by two primary dynamics: (1) the maximization of fees for lawyers who charge their clients by the hour; and (2) the desire to make litigation as painful as possible for an adversary so that settlement becomes the adversary’s better option. We have, in short, fostered a pretrial industry that can relegate the merits of a dispute …

Tailoring Class Actions To The On-Demand Economy, Joseph Seiner

Faculty Publications

In O’Connor v. Uber Technologies, Inc., a federal district court permitted a class action case to proceed on the question of whether 160,000 drivers were misclassified by their employer as independent contractors rather than employees. The case has garnered widespread interest, making headlines across the country. Yet, it represents only one of many class action cases currently pending against technology companies in the modern economy. Indeed, similar systemic claims have already been brought against Yelp, GrubHub, Handy, CrowdFlower, Amazon, and many others.

The courts have struggled in their efforts to address the proper scope of class cases brought against corporations …

Railroad Land Grants In An Incongruous System: Corporate Subsidies, Bureaucratic Governance, And Legal Conflict In The United States, 1850-1903, Sean Kammer

Faculty Publications

No abstract provided.

Investor's Guide To Security Industry Disputes: How To Prevent And Resolve Disputes With Your Broker, Jill Gross, Elissa Germaine

Faculty Publications

(Excerpt)

The Pace Investor Rights Clinic produced this Guide to Securities Industry Disputes for the individual investor who hopes to prevent or may already have a dispute with his or her securities broker. Our goal is for investors to learn more about their legal rights and best practices for responsible investing, before a dispute arises, and to gain an understanding of their options in case a dispute does arise. We hope that informed investors will be better able to prevent disputes with their broker as well as identify and resolve legitimate grievances.

The first section of this Guide covers investors’ …

Community Development Law, Economic Justice, And The Legal Academy, Peter R. Pitegoff

Faculty Publications

The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today’s sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts to …

From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer

Faculty Publications

No abstract provided.

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

Faculty Publications

No abstract provided.

Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Lisa V. Martin, Stacy Brustin

Faculty Publications

Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys represent the state’s ostensible interests in ensuring that children are financially supported and in preventing welfare dependence; they do not represent individual parents. The outcomes of child support proceedings have profound, long-term constitutional and financial implications for parents, yet litigants rarely understand their rights or the role of the government.

Originally, the goal of state child support enforcement efforts was to recapture the costs of welfare expenditures. In 1990, two-thirds of cases …

Nothing Could Be Finer? The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus

Faculty Publications

There is amazingly little contemporary research on the counseling function of government agency lawyers. Most research on federal government lawyers focuses on the Department of Justice, the Attorney General, or the birth of the modern administrative state during the New Deal. Much of this work focuses on the organization of federal litigation authority. At the state level, likewise, recent scholarship focuses on the litigation function of state attorneys general. Meanwhile, we know very little about the agency counseling function or the role of agency counsel in shaping agency policy and practice.

The role of state agency general counsel is an …

Now Is The Time: Experts Vs. The Uninitiated As Future Nominees To The U.S. Court Of Appeals For Veterans Claims, Bradley W. Hennings, David E. Boelzner, Jennifer Rickman White

Faculty Publications

Two-thirds of judges appointed to the Court of Appeals for Veterans Claims ("CAVC" or "Court") could and should be drawn from among lawyers experienced in the U.S. Department of Veterans Affairs ("VA") benefits claims adjudication system. It is a specialty court, and like other such courts, its judges would benefit from specialized experience. All stakeholders in the claims system and the Court's work, and most importantly, veterans, would benefit from a Court that has appointees steeped in VA law and adjudication.

The Pedagogy Of Trauma-Informed Lawyering, Deeya Haldar, Sarah Katz

Faculty Publications

“Trauma-informed practice” is an increasingly prevalent approach in the delivery of therapeutic services, social and human services, and now legal practice. Put simply, the hallmarks of trauma-informed practice are when the practitioner puts the realities of the client’s trauma experiences at the forefront in engaging with the client, and adjusts the practice approach informed by the individual client’s trauma experience. Trauma-informed practice also encompasses the practitioner employing modes of self-care to counterbalance the effect the client’s trauma experience may have on the practitioner.

This article posits that teaching trauma-informed practice in law school clinics furthers the goals of clinical teaching, …

Measuring Client Satisfaction And Engagement: The Role Of A Mentor Parent Program In Family Drug Treatment Court, Laurie Drabble, Lisa Huan, Hilary Kushins, Edward Cohen

Faculty Publications

Parent engagement is an important intermediate outcome in Family Drug Treatment Court (FDTC) and child welfare services. This study explored the utility and reliability of a client satisfaction and engagement survey designed to measure interim outcomes of a Mentor Parent Program, operating in conjunction with a FDTC. Findings suggest the survey is a useful, parsimonious and reliable tool for measuring key dimensions of parent mentor services including client engagement; client-centered support and empowerment; and help with systems navigation and accessing resources. The survey may be adapted for use in other FDTC or parent mentor contexts.

The Arizona Kith And Kin Project Evaluation, Brief #4, Eva Marie Shivers, Charles Yang, Flora Farago

Faculty Publications

Despite the prevalence of family, friend, and neighbor (FFN) child care (NSECE, 2015), relatively little is known about the characteristics of this type of care, quality of care, and the features of effective quality improvement initiatives for FFN care providers. In general, the early childhood field has remained relatively silent about FFN child care in policy and research discourses surrounding child well-being and quality initiatives (Shivers, 2012; Whitebook et al., 2004). The overall goal of the analyses described in this brief, Brief #4 in a series of four, was to explore and analyze FFN providers’ awareness and use of community …

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Faculty Publications

No abstract provided.

Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson

Faculty Publications

Ongoing, systematic research on civil legal needs and services is an essential component of improving the quality and availability of such services. Collaboration among researchers, legal services providers, and regulators will only become more important as innovations in the delivery of legal services progress. This volume brings together sixteen white papers by subject matter experts who assess "what we know and need to know" about various aspects of civil legal services delivery. The product of a partnership between the South Carolina Law Review and the ABA Commission on the Future of Legal Services, the collection is intended to serve as …