Digital Commons Network^™

How Do You Rate Your Lawyer? Lawyers’ Responses To Online Reviews Of Their Services, Laurel A. Rigertas

St. Mary's Journal on Legal Malpractice & Ethics

With the proliferation of opportunities for consumers to review a variety of services on the Internet, it is only a matter of time until more clients review their attorneys’ services on the Internet. This raises a variety of potential ethical and public policy issues. First, what can attorneys do to try to control their online reputations? Second, if a client posts negative comments about an attorney’s services on a public Internet forum, can the attorney respond on that forum without breaching the duty of confidentiality and, if so, how? Finally, when settling a dispute with a client, may an attorney …

“Nudging” Better Lawyer Behavior: Using Default Rules And Incentives To Change Behavior In Law Firms, Nancy B. Rapoport

St. Mary's Journal on Legal Malpractice & Ethics

In the changing landscape of law practice—where law firm profits are threatened by such changes as increased pressure from clients to economize and the concomitant opportunities for clients to shop around for the most efficient lawyers—are there ways to change how things are done in law firms so that firms can provide more efficient and ethical service? This article suggests that an understanding of cognitive biases and basic behavioral economics will help law firms tweak their incentives and default rules to promote the improved delivery of legal services.

The Qualified Privilege Of Texas Lawyers To Defend Their Reputations., Clement J. Hayes

St. Mary's Journal on Legal Malpractice & Ethics

The technology-based society of the twenty-first century offers vast Internet resources that afford individuals easy access to information and means of communication. As a result, people spend substantial time online. Some Internet sites, such as Facebook, Twitter, Yelp, Angie's List and Google, provide consumers an online forum for sharing experiences and opinions. This development, while in many respects beneficial, is not without its drawbacks.

Proof Of Exoneration In Legal Malpractice Cases: The Peeler Doctrine And Its Limits In Texas And Beyond., John G. Browning, Lindsey Rames

St. Mary's Journal on Legal Malpractice & Ethics

This article examines the requirements of "actual innocence" or exoneration as a prerequisite for bringing a claim of legal malpractice against a criminal defense attorney. It analyzes the public policy underpinnings and differing approaches taken in those jurisdictions that have adopted an "actual innocence" requirement. To illustrate the way in which this comparatively recent phenomenon has developed, the Article views the exoneration doctrine through the prism of Texas law, analyzing the doctrine's emergence in Peeler v. Hughes & Luce and discussing how it has expanded over the years. Yet even as this "actual innocence" doctrine has expanded in Texas, recent …

Four New Mouse Spider Species (Araneae, Mygalomorphae, Actinopodidae, Missulena) From Western Australia, Laura T. Miglio, Danilo Harms, Volker W. Framenau, Mark S. Harvey

Research outputs 2014 to 2021

Four new species of the Mouse Spider genus Missulena Walckenaer, 1805 (family Actinopodidae) are described from Western Australia based on morphological features of adult males. Missulena leniae sp. n. (from the Carnarvon and Yalgoo biogeographic regions), Missulena mainae sp. n. (Carnarvon), Missulena melissae sp. n. (Pilbara) and Missulena pinguipes sp. n. (Mallee) represent a broad spectrum of morphological diversity found in this genus and differ from other congeners by details of the male copulatory bulb, colour patterns, eye sizes, leg morphology and leg spination. Two of the species, M. pinguipes sp. n. and M. mainae sp. n., are characterised by …

Getting To Know A Congregation Through Its Stories In Order To Unleash Its Narratives, Christine Rose Burke Cook

ATS Dissertations

No abstract provided.

Performance Evaluation Of A Technology Independent Security Gateway For Next Generation Networks, Fudong Li, Nathan Clarke, Steven Furnell, Is-Mkwawa Mkwawa

Research outputs 2014 to 2021

With the all IP based Next Generation Networks being deployed around the world, the use of real-time multimedia service applications is being extended from normal daily communications to emergency situations. However, currently different emergency providers utilise differing networks and different technologies. As such, conversations could be terminated at the setup phase or data could be transmitted in plaintext should incompatibility issues exit between terminals. To this end, a novel security gateway that can provide the necessary security support for incompatible terminals was proposed, developed and implemented to ensure the successful establishment of secure real-time multimedia conversations. A series of experiments …

Development And Utilization Of Multiplex Pcr - High Resolution Melting (Hrm) Assay For Detection Of Arboviral Pathogens, Martin Mbaya Koome

All Master’s Theses

Arthropod borne viruses (arboviruses) are transmitted by blood sucking arthropods. Disease outbreaks caused by arboviruses are sporadic and unpredictable. Arboviral disease outbreaks in Kenya have confirmed the presence of a number of arboviral diseases within the human and animal populace. Currently, there are no approved or specific therapies for arboviral infections; treatment is limited to palliative care. Early detection and vector control are important strategies in control of arboviruses. However, there is not yet a single detection system that is capable of detecting all arboviruses simultaneously. The development of realtime thermocyclers capable of high resolution melting (HRM) analysis has enabled …

Effect Of Controphic Species On Natural Population Dynamics Of Malaria Mosquito Larvae On Rusinga Island, Caroline Mirieri Kwamboka

All Master’s Theses

Controphic species are organisms that share the same trophic levels within an ecosystem.Ecological theory and empirical research show that controphic species affect mosquito larval populations through predation or competition. The goal of this study was to identify controphic species that may serve as potential biological control agents for malaria mosquito larvae. A baseline survey of the abundance and diversity of malaria mosquito larvae (target species) and assemblages of their controphic species in breeding sites present on Rusinga Island was conducted. The effects of physicochemical factors on mosquito larval dynamics were also evaluated. The Renyi, Inverse Simpson and Shannon diversity indices …

Cloud Security Meets Telemedicine, Michael N. Johnstone

Research outputs 2014 to 2021

Medical systems are potentially one domain where security is seen as an impediment to patient care and not as an essential part of a system. This is an issue for safety-critical systems where reliability and trust are essential for successful operation. Cloud computing services offer a seamless means to allow medical data to be transferred from patient to medical specialist, whilst maintaining security requirements. This paper uses a case study to investigate the use of cloud computing in a mobile application to assist with diagnostics for patients with Parkinson Disease. It was found that the developers of the app ignored …

The Spatial Distribution Of Mosquitoes Related To The Environment On Rusinga Island, Western Kenya, Cornao Vreugdenhil

All Master’s Theses

The SolarMal project on Rusinga Island, Western Kenya, aims to eliminate malaria by reducing the mosquito population, using a new developed mosquito trap which will be installed at all households on the island. The effect of the installed traps is monitored by sampling mosquitoes from randomly selected selected households on the island during the whole duration of the project. This thesis project aims to support the SolarMal project by performing spatial analysis to the distribution of mosquitoes in relation to the environment on Rusinga Island. Environmental variables were searched that are, according to literature, potential determinants of mosquito presence. Second, …

The Prevalence Of Trypanosoma Congolense Savannah In Shimba Hills, Kenya And Development Of A Genotyping Protocol, Julianne Mendi Muthinja

All Master’s Theses

Eleven species/subspecies belonging to the genus Trypanosoma, cause African Animal Trypanosomiasis (AAT) with Trypanosoma vivax and Trypanosoma congolense being the predominant pathogens. Annually, AAT leads to losses worth 4.5 billion dollars to livestock dependent economies in Sub-Saharan Africa. In order to manage the disease, trypanocidal drugs have been in use. However, parasites resistant to these trypanocides have emerged making the treatment of AAT difficult. Parasite resistance to trypanocides is one among the few variable phenotypes whose genetic basis is poorly understood. There is need to create a link between the genetic component, environmental component and phenotypic manifestation of the parasite. …

Occurrence Of Aflatoxin Contamination On Maize In The Lower Eastern Kenya And Evaluation Of Superabsorbent Polymers In Its Management, Livine O. Nyakundi

All Master’s Theses

Food and feed safety has been a major concern in most countries in the recent times as more knowledge is being generated on the occurrence of natural toxins in foodstuffs and edible plant species. Among the natural toxins, aflatoxins have been given more attention due to their hazardous effects to animals and human beings. A study was conducted on aflatoxin contamination in maize samples collected from lower eastern counties in Kenya. The maize samples were collected through a survey that was conducted in Kitui, Machakos and Makueni counties where aflatoxin contaminations has been a perennial problem. The samples were cultured …

Performance And Behaviour Of The Leafhopper (Maiestas Banda; Homoptera: Cicadellidae) Vector Of The Napier Stunt Disease On Napier Grass (Pennisetum Purpureum), Mabel Chigora

All Master’s Theses

Napier grass remains an important strategic grass species in east African mixed crop-livestock systems. However, production of several varieties of the grass remains constrained by phytoplasmic disease, Napier stunt disease (NSD), which is transmitted by the leafhopper, Maiestas banda. For smallholder farmers of western Kenya who rely on the grass for livestock feed and pest control in push-pull farming systems, effective control strategies of the disease and the vector remain elusive. With a view to understanding potential host plant resistance mechanisms against the leafhopper, I investigated growth, development and behaviour of the leafhopper on a variety of host plants: Pearl …

Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote

Articles

Of the many reforms affecting the Japanese judiciary that were undertaken in connection with the recommendations of the Justice System Reform Council, one reform above all attracted widespread public attention: the introduction of the so-called saiban'in system. In this system, mixed panels of professional judges and lay jurors judge guilt and assess penalties in serious criminal cases. Following a five-year preparation period, the new system went into effect for the specified categories of crimes for which indictments were issued on or after May 21, 2009, with the first trials under the new system commencing in August 2009. Pursuant to the …

Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini

Articles

This essay explores the ways that a law school’s unique culture impacts the role of the Associate Dean for Scholarship. Written by the first person to hold this position at Vermont Law School (VLS), this essay focuses specifically on how the Associate Dean for Scholarship supports VLS’s commitment “to developing a generation of leaders who use the power of the law to make a difference in our communities and the world.” This vision of the role, as implemented at VLS, includes: providing support to all faculty, regardless of status; supporting faculty who speak to broad audiences; and embracing a broad …

Hands Off Our Fingerprints: State, Local, Andindividual Defiance Of Federal Immigrationenforcement, Christine N. Cimini

Articles

Secure Communities, though little-known outside law-enforcement circles, is one of the most powerful of the federal government’s immigration enforcement programs. Under Secure Communities, fingerprints collected by state and local law enforcement and provided to the Federal Bureau of Investigation for criminal background checks are automatically shared with the Department of Homeland Security, which checks the fingerprints against its immigration database. In the event of a match, an immigration detainer can be issued and an individual held after they would otherwise be entitled to release. Originally designed as a voluntary program in which local governments could choose to participate, the Department …

Sentencing In Tax Cases After Booker: Striking The Right Balance Between Uniformity And Discretion, Scott A. Schumacher

Articles

It has been nearly ten years since the Supreme Court’s seminal decision in United States v. Booker, in which the Court invalidated the mandatory application of the United States Sentencing Guidelines. In the cases that followed, the Court addressed subsidiary issues regarding the application of the Guidelines and the scope of appellate review. However, despite — or perhaps because of — these opinions, there is little consensus regarding the status and extent of appellate review, as well as the discretion afforded sentencing courts. More troubling, what consensus there is seems to permit judges to impose any sentence they wish, as …

Taking Images Seriously, Elizabeth G. Porter

Articles

Law has been trapped in a stylistic straitjacket. The Internet has revolutionized media and communications, replacing text with a dizzying array of multimedia graphics and images. Facebook hosts 150 billion photos. Courts spend millions on trial technology. But those innovations have barely trickled into the black-and-white world of written law. Legal treatises continue to evoke Blackstone and Kent; most legal casebooks are facsimiles of Langdell’s; and legal journals resemble the Harvard Law Review circa 1887. None of these influential forms of disseminating the law has embraced — or even nodded to — modern, image-saturated communication norms. Litigants, scholars and courts …

Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford [email protected]

Articles

As ACA implementation proceeds, expansion states should mind the gap — the gap between Medicaid and Marketplace. In this transition between insurance platforms, people can stumble. As a bridge between expanded Medicaid and the insurance Marketplaces, the ACA allows states to enact a Basic Health Program (BHP) supported by federal funds. The BHP option, which has been delayed until 2015, aims to reduce insurance costs and increase care continuity for low-income individuals and families. Interested states face a complicated calculus, one with significant unknowns and moving parts. In this article, I first place this new insurance affordability program in the …

Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer

Articles

Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …

Ethics Issues In Representing Intergovernmental Entities, Hugh D. Spitzer

Articles

The creation and operation of intergovernmental entities raise special professional responsibility issues for the lawyers involved in the formation and the long-term activities of multi-governmental bodies. It is particularly important for attorneys to pay attention to conflicts of interest that arise from giving simultaneous assistance to several governments, or from representing one entity in negotiations with other governments the attorney or firm represents. This paper briefly reviews various categories of interlocal entities in Washington State, as an example. It points out the distinctly different dynamics during the formation period and the operations period of an intergovernmental body. It then analyzes …

China’S Apologetic Justice: Lessons For The United States?, Xuan-Thao Nguyen

Articles

Many scholars have criticized Congressional apology resolutions for slavery as inadequate and ineffective. Ironically, Congress may look to China’s apologetic justice in intentional intellectual property infringements to learn valuable lessons about apologies and how to incorporate them into righting wrongs. China requires that the wrongdoer who intentionally harms or infringes the intellectual property rights of another make a public apology in a newspaper or trade journal, in addition to stopping the harm and paying for compensatory damages and costs. If the wrongdoer does not timely make the public apology, the infringed party will draft and publish the public apology in …

Transplanting Secured Transactions Law: Trapped In The Civil Code For Emerging Economy Countries, Xuan-Thao Nguyen, Bich T. Nguyen

Articles

It is time for Vietnam to amend its secured transactions law by creating a body of secured transactions law separate from the Civil Code. This new secured transactions law should embody the international community’s unitary approach. Separating secured transactions law from the Civil Code would allow Vietnam to revise its secured transactions law to respond and adapt to market reality, without waiting for the entire Civil Code to be revised all at once.

The Sneetches As An Allegory For The Gay Rights Struggle: Three Prisms, Peter Nicolas

Articles

In this essay, I invoke both versions of Dr. Seuss's The Sneetches as an allegory for the modern struggle for gay rights in the United States viewed through three different prisms. The first and most obvious of these prisms is the battle between the heterosexual majority and the gay minority represented by the two groups of Sneetches. Members of the majority seek to distinguish themselves with markers of social acceptance such as marriage, parenting, and military service, as well as access to certain other markers of social acceptance, including the ability to donate blood and become members in private organizations …

Gay Rights, Equal Protection, And The Classification-Framing Quandary, Peter Nicolas

Articles

Commentators and lower courts will speculate for some time on the actual holding and potential sweep of the Supreme Court's decision in Windsor v. United States [699 F.3d 169, 175 (2d Cir. 2012), aff'd, 133 S. Ct. 2675 (2013)], as well as how the Court might have resolved Perry v. Brown [671 F.3d 1052, 1063 (9th Cir. 2012), vacated and remanded sub nom. Hollingsworth v. Perry, 133 S. Ct. 2652 (2013)] on the merits.

Of at least equal and perhaps greater importance, however, is a subtle yet critical unresolved threshold question lurking in the background of these two decisions, …

Straddling The Columbia: A Constitutional Law Professor's Musings On Circumventing Washington State's Criminal Prohibition On Compensated Surrogacy, Peter Nicolas

Articles

In this Article, I recount—through both the prisms of an intended parent and a constitutional law scholar—my successful efforts to become a parent via compensated surrogacy and egg donation. Part I of this Article provides a narrative of my experience in becoming a parent via compensated surrogacy, and the various state and federal legal roadblocks and deterrents that I encountered along the way, including Washington State's criminal prohibition on compensated surrogacy as well as federal guidelines issued by the U.S. Food and Drug Administration regarding the use of sperm by gay donors in the process of in vitro fertilization.

Part …

Committee Opinions And Treasury Regulation: Tax Lawyer Ethics, 1965-1985, Michael Hatfield

Articles

This first section of the Article highlights the themes and tones of the 1945-1965 tax ethics literature, and then provides the political context and an overview of the legal changes in 1965-1985 that frame the tax ethics literature of that period. Section II begins in 1965, documenting the history of the first Formal Opinion (Opinion) on tax lawyer ethics issued by the American Bar Association's (ABA) Committee on Ethics and Professional Responsibility (PR Committee), which after considerable criticism in the ensuing years was substantially revised by a second Opinion in 1985. Section III is focused on 1980-1985, investigating the first …

The Future Of Compensated Surrogacy In Washington State: Anytime Soon?, Terry J. Price

Articles

Americans in the mid-1980s were shocked by the facts of the Baby M case. That case, a compensated surrogacy arrangement that publicly went very wrong, raised complicated issues that the country had not considered: whether a woman could contract to carry a pregnancy for another person without becoming the legal mother; whether she could be separated from the child at birth, even though it was her genetic offspring; and whether the contract could take precedence over a mother’s regret over giving up the child. As a result of that case, a number of states, including Washington, prohibited compensated surrogacy arrangements. …

Downstream Securities Regulation, Anita K. Krug

Articles

Securities regulation wears two hats. Its “upstream” side governs firms in connection with their obtaining financing in the securities markets. That is, it *1590 regulates firms' and issuers' offers and sales of securities, whether in public offerings to retail investors or in private offerings to institutional investors. Its “downstream” side, by contrast, governs financial services providers, who assist with investors' activities in those markets. Their services include providing advice regarding securities investments, as investment advisers do; aggregating investors' assets for purposes of enabling those investors to invest their assets collectively, as mutual funds do; and acting as “middlemen” between buyers …