Digital Commons Network^™

The Clinical Year Begins, Stephen Ellmann

Articles & Chapters

Law school clinics are inspired by medical school clinical education, but usually operate quite differently from their medical school counterparts. The Clinical Year, which this Article discusses, borrows more completely from medical education by immersing students in a full-year, 24-credit course in which students work full-time in three different law office placements, under the guidance of full-time faculty and of adjunct faculty members at each placement. This Article first outlines how such a course works, and demonstrates that it can be offered under therules that now govern legal education. Then the Article argues that despite the Clinical Year's differences from …

Measuring The Values And Costs Of Experiential Education, Report Of The Working Group On Cost And Sustainability, Stephen Ellmann, K. R. Kruse

Articles & Chapters

This report is one of a series of Working Group reports from the Alliance for Experiential Education in Law, collected in “Experience the Future: Papers from the Second National Symposium on Experiential Education in Law,” 7 Elon Law Review 1-108 (2015). The Report of the Working Group on Cost and Sustainability seeks to provide a basis for thoughtful analysis and discussion of both the values and costs of experiential legal education by breaking those values and costs down into their component parts. The way these component parts are arranged will vary from school to school, and this report does not …

Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Articles & Chapters

No abstract provided.

Redefining Professionalism, Rebecca Roiphe

Articles & Chapters

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …

Saving Charitable Settlements, Christine P. Bartholomew

Journal Articles

This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly timely, as …

Tennessee Office Of Criminal Justice Programs Strategy For Victim Services Fy 2015, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

A Multi-Disciplinary Analysis Of Web 2.0 Technology Use In Egypt & China, 2005-2010, Monica D. Morales

Browse all Theses and Dissertations

Taking a cue from scholars' suggestions to focus on the intersections of various fields of study, this research aims to find the commonalities among representative theories of democracy, mass media and social movements. Assessment of each reveals that all three areas of study encompass space for the interface of the media and the public. The confluence of these elements, when paired with Information and Communication-based technologies, yields what is introduced here as the Integrative Conceptual Model of Internet Analysis. Using this model gives way to a focus on Internet-mediated scenarios through a framework that evaluates the type of agent interaction, …

Women With Disabilities Who Have Been Sexually Assaulted: What Responders Need To Know, Kaitlyn Mccarthy

Browse all Theses and Dissertations

Information about women with disabilities who have been sexually assaulted is vastly missing from psychological research and literature. This gap in literature is very concerning as more information is needed to ensure that women with disabilities are receiving care, and that prevention and care giving programs are tailored to meet their needs. Women with disabilities encounter unique sexual assault experiences that at times go unnoticed because their experiences are not often discussed in the literature, nor are they appropriately assessed. Through a Participatory Action Research (PAR) approach, the present study attempted to respond to these issues by modifying an existing …

The Repeat Player Effect In Child Protection Mediation: Dangers Of And Protections Against Second-Class Justice For Marginalized Parties, Donna Erez-Navot

Cardozo Journal of Conflict Resolution

This Article will be structured as follows: Part I of this Article will introduce some of the basic and problematic phenomenon including the repeat player effect, cooptation and others that arise in the legal system. In Part II, there will be specific attention to these phenomenon applied in various well-researched dispute resolution areas including criminal, child protection, employment and arbitration contexts. Part III of this Article gives a broad introduction into court annexed mediation and child protection mediation in general. Part IV of this Article will focus on the specific effects of repeat player, cooptation, and others in Family Court …

Boys In The Hood: A Study Of Academic Resilience Among A Group Of At-Risk, High-Achieving, African American Males In A Southern California School District, Patrick B. Booker

Theses and Dissertations

The purpose of this qualitative phenomenological study was to investigate the perceptions of high achieving, at risk African American male students from 3 Southern California urban high school with regards to (a) the factors that make them at-risk for poor academic achievement, (b) the protective factors that contribute to their resilience and academic success, (c) the characteristics that best describe their resiliency, and (d) what can parents, school and school employees, and the community can do to increase the academic achievement of urban at-risk African American males. More specifically, this study examined the environmental risks that confront the Black males …

Family Law And Nonmarital Families, Clare Huntington

Faculty Scholarship

No abstract provided.

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Akron Law Faculty Publications

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

5-0 Is Not Coming To Save You: Examining The Lack Of Police Intervention In Lgbtq Intimate Partner Violence, Lucais Wallen

Online Theses and Dissertations

Intimate partner violence (IPV) has garnered a lot of attention by the criminal justice system, the media and, academia. Intimate partner violence laws have seen drastic changes over the past hundred years often coupled with the changes of culture and society. Though intimate partner violence surely warrants that attention, the growing and important issue of lesbian, gay, bisexual, transgender, and queer (LGBTQ) intimate partner violence has largely been ignored. The ongoing struggle of LGBTQ community for equality has not as of yet been a catalyst for drastic legal change. Utilizing narratives from victims of intimate partner violence from around the …

A New Era: Integrating Today's Next Gen Research Tools Ravel And Casetext In The Law School Classroom, Katrina June Lee, Susan Azyndar, Ingrid Mattson

Journal Articles

From the Introduction

In this article, we contend that law professors should integrate the new next gen research tools into the law school skills curriculum, and we propose a set of teaching ideas for doing so without sacrificing precious class time. Making the latest next gen research tools a part of the skills classroom agenda advances current pedagogical goals: teaching law students information literacy (e.g., research strategy, context, and source evaluation); teaching metacognitive skills; preparing students for law practice; and exploring professionalism and ethics issues. In Part II, we define "next gen" for purposes of this article. In Part III, …

Unequal Assistance Of Counsel, Peter A. Joy

Scholarship@WashULaw

There is now, and has always been, a double standard when it comes to the criminal justice system in the United States. The system is stacked against you if you are a person of color or are poor, and is doubly unjust if you are both a person of color and poor. The potential counterweight to such a system, a lawyer by one’s side, is unequal as well. In reality, the right to counsel is a right to the unequal assistance of counsel in the United States.

The unequal treatment based on the color of one’s skin is reflected by …

Measuring Clinical Legal Education's Employment Outcomes, Robert R. Kuehn

Scholarship@WashULaw

This Article examines evidence of a possible link between learning opportunities in law school and J.D. employment outcomes. It responds to a paper by Jason Yackee that finds, using 2013 data from top 100 ranked schools, “not much evidence” that law clinic opportunities are likely to improve a school’s graduates’ employment outcomes and suggesting that those opportunities may even harm employment prospects.

The Article reexamines Yackee’s methodological approach and then looks beyond both law clinics and his statistical models. The expanded empirical analysis finds it is not possible to draw any reliable conclusion from his models about the likely effects …

Reforming Law Schools: A Manifesto, Frank H. Wu

Faculty Scholarship

No abstract provided.

Falling Short On The Promise To English Learners: A Report On Year One Lcaps, Elvira G. Armas Ed.D, Magaly Lavadenz Ph.D., Laurie Olsen Ph.D.

Reports

California’s Local Control Funding Formula was signed into law in California in 2013 and allowed districts the flexibility to meet their student needs in locally appropriate manners. One year after its implementation, a panel of 26 reviewers, including educators, English Learner (EL) advocates, and legal services staff reviewed the Local Control and Accountability Plans (LCAPs) to understand how districts employ this flexibility to address the needs of ELs. The report uses the English Learner Research-Aligned LCAP Rubrics with 10 focus areas, and reviews sample LCAPs from 29 districts, including districts with the highest numbers/percentages of English Learners in the state, …

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.

Every Day Counts: Proposals To Reform Idea's Due Process Structure, Elizabeth A. Shaver

Case Western Reserve Law Review

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child's educational programming through an administrative due process hearing. Yet for years the special education due process structure has been criticized as inefficient, anticollaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure.

This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

Limiting Access To U.S. Courts: The Supreme Court's New Personal Jurisdiction Case Law, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, Wallace J. Mlyniec, Haley D. Etchison

Georgetown Law Faculty Publications and Other Works

This article traces the history of the amendment process. It provides a short history of student practice rules and then, using the student practice rule in effect in the District of Columbia prior to the 2014 amendments, describes the various components of those rules that courts and bars across the nation have implemented to assist courts, advance legal education, and preserve advocates’ ethical obligations to clients. It then describes some of the comments to the proposed amendments offered by the District of Columbia Bar and other D.C. lawyers during the public comment period and the modifications to the District of …

Redefining Professionalism, Rebecca Roiphe

University of Florida Journal of Law & Public Policy

No abstract provided.

Four Futures Of Legal Automation, Frank Pasquale, Glyn Cashwell

Faculty Scholarship

No abstract provided.

Employee Benefit Plans, January 1, 2015; Audit And Accounting Guide, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha

Osgoode Hall Law Journal

There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms …

Factors Contributing To The Limited Use Of Information Technology In State Courtrooms, Concetta Manker

Walden Dissertations and Doctoral Studies

Few state courtrooms in the United States have integrated information technology (IT) in court trials. Despite jurors' beliefs that using courtroom technology improves their abilities to serve as jurors, the attitudes and experiences among attorneys and judges toward the utility of IT continue to pose barriers. The purpose of this phenomenological study was to explore and describe the experiences of attorneys and judges in the State of Virginia with regard limited use of IT in state courtrooms. The conceptual framework included Davis, Bagozzi, and Warshaw's (1989) technology acceptance model; Rogers's (2003) diffusion of innovation theory; and Venkatesh, Morris, Davis, and …

Examining The Impact Of Collaboration Between Probation, Victim Services, And Offender Treatment Providers On Domestic Violence Offender Outcomes, Cedar Stagner

Walden Dissertations and Doctoral Studies

Domestic violence, also known as intimate partner violence (IPV), continues to be an issue in the United States, despite various intervention approaches and efforts to improve them over the past 40 years. Even if IPV offenders attend treatment and pursue rehabilitation, current efforts appear marginally effective in reducing its reoccurrence. The purpose of this ex-post facto, comparative, quantitative study was to determine whether there was a significant difference in outcomes between male offenders (N = 126) who attended treatment programs that participated in a tripartite collaboration with probation and victim services versus offenders (N = 126) who did not. Bronfenbrenner's …

Hiv Infrastructure Study Jackson, Mississippi, Susan S. Reif, Elena Wilson, Carolyn Mcallaster, Miriam Berger

Faculty Scholarship

No abstract provided.

Namati: Innovations In Legal Disempowerment For Health? A Sierra Leonean Case Study, Ikenna Okezie Achilihu

Public Health Theses

Drawing on eleven weeks of fieldwork for Namati’s Health Accountability and Social Empowerment Program, this case study investigates whether Namati interventions reinforce existing formal and customary structures for the amelioration of grievances between health clinics, their associated staff, and intended beneficiaries. Furthermore, this study questions Namati’s role as an organization that fosters sustainable change at: the level of the grassroots in its ability to influence government health policy, and at the level of the elites in its ability to improve administrative and policy deficiencies in the area of health access. Finally, this study answers critical questions on the equity-enhancing effects …