Digital Commons Network^™

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

American University Journal of Gender, Social Policy & the Law

No abstract provided.

For Men Only: A Gap In The Rules Allows Sex Discrimination To Avoid Ethical Challenge, Michelle N. Struffolino

American University Journal of Gender, Social Policy & the Law

The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?

Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only law firms is acknowledged. The analysis of the ethical issues raised by these gender specific firms is somewhat the same regardless of what gender is excluded. …

A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez

Faculty Publications

This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, …

The Future Of Polyamorous Marriage Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Leachman

Faculty Scholarship

No abstract provided.

No Lawyer For A Hundred Miles?: Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon

Osgoode Hall Law Journal

Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers across Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers’ scope of practice varies based on a number …

Teaching And Assessing Professional Communication Skills In Law School, Denitsa R. Mavrova Heinrich

North Dakota Law Review

No abstract provided.

Toward Transforming Health Systems: A Practice Study Of Organizing And Practical Inquiry In Academic Medicine, Thomas A. Ellison

Antioch University Dissertations & Theses

Transformation of health care systems will be grounded in new professional relations and collective, cross-disciplinary actions to impact care delivery. Organizing such relations and actions involves practical inquiry rather than applying professional knowledge. This dissertation presents an exploratory, performative study of the initial organizing of the Health Systems Innovation and Research (HSIR) Program in Health Sciences at the University of Utah. The HSIR program was conceived principally to catalyze cross-disciplinary innovation and health services research and enhance care delivery changes by documenting care improvements and publishing research. This study includes a composite narrative of the organizing and practical inquiry work …

A Bridge To Truth: The Life Of Glenda Wildschut Of South Africa, Maggie Thach Morshed

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, a question-and-answer transcript of select interviews, and a table of best practices in peacebuilding as demonstrated and reflected on by the peacemaker during her time at the Kroc Institute for Peace and Justice.

Glenda Wildschut is a South …

2014-2015 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Annual Report 2014-2015, Office Of Sponsored Programs

Annual Reports

No abstract provided.

Digital Medicine, The Fda, And The First Amendment, Adam Candeub

Georgia Law Review

Digital medicine might transform healthcare more fundamentally than the introduction of anesthesia or germ basis theory of disease. Already, tens of thousands of "medical apps" are available for smartphones. These computer applications can measure blood pressure, pulse, lung function, oxygenation level, sugar level, breathing rate and body temperature-and can even diagnose skin cancer, analyze urine, and take an echocardiogram. In fall 2013, the Federal Drug Administration (FDA) asserted regulatory authority over mobile medical applications and other digital medical services, threatening to chill, if not, destroy this innovation. This Article argues that the FDA stands on firm legal ground regulating medical …

When Faith Falls Short: Bankruptcy Decisions Of Churches, Pamela Foohey

Articles by Maurer Faculty

What does a church do when it is about to go bust? Religious organizations, like any business, can experience financial distress. Leaders could try to solve their churches’ financial problems on their own. Perhaps leaders do not view the problems as addressable with law. Or perhaps they do not think, as a moral or spiritual matter, that they should resort to the legal system, such as bankruptcy, to deal with their churches’ inability to pay its debts. Yet about ninety religious organizations seek to reorganize under the Bankruptcy Code every year. This Article relies on interviews with forty-five of these …

Leniency In Chinese Criminal Law? Everyday Justice In Henan, Benjamin L. Liebman

Faculty Scholarship

This Article examines one year of publicly available criminal judgments from a basic-level rural county court and an intermediate court in Henan Province in order to better understand trends in routine criminal adjudication in China. I present an account of ordinary criminal justice in China that is both familiar and striking: a system that treats serious crimes, in particular those affecting State interests, harshly, while at the same time acting leniently in routine cases. Most significantly, examination of more than five hundred court decisions shows the vital role that settlement plays in criminal cases in China today. Defendants who agree …

The Inversion Of Rights And Power, Philip A. Hamburger

Faculty Scholarship

No constitutional test is more important than the compelling-government-interest test. It is the foundation of all analysis of constitutional rights. But can a government interest really defeat a constitutional right?

The courts repeatedly say that claims of constitutional rights must give way to government interests.The courts even sometimes say that a compelling government interest justifies the infringement of a right – as when the Supreme Court asks "whether some compelling state interest ... justifies the substantial infringement of appellant's First Amendment right." In support of such doctrine, it often is said that rights are "not absolute."

This sort of analysis …

Law Firm Selection And The Value Of Transactional Lawyering, Elisabeth De Fontenay

Faculty Scholarship

Following the contraction in demand for law firms’ services during the Great Recession, “Big Law” was widely diagnosed as suffering from several maladies that would spell its ultimate demise, including excessive fees, excessive size, increased competition from in-house counsel, the commoditization of legal work, and the decline in demand for “relationship firms.” While each of these market pressures is only too real for certain segments of the law-firm population, their threat to the most elite U.S. law firms has been largely misunderstood. Even as many firms reduce their fees and contract in size, we should expect certain firms to continue …

Advance (Fall 2015), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.

Hiv Infrastructure Study Birmingham, Alabama, Susan S. Reif, Kristen Sullivan, Carolyn Mcallaster, Miriam Berger

Faculty Scholarship

No abstract provided.

Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta

American University Law Review

No abstract provided.

Reconceptualizing Managerial Judges, Steven Baicker-Mckee

American University Law Review

No abstract provided.

Three Rules For Educating Tomorrow's Lawyers, Michael D. Cicchini

MC Law Review

No abstract provided.

Bridging The Gap Between Academics And Policy Makers: Crime And Punishment: Gypsies, Travellers And Roma In The Criminal Justice System, M Greenfields, Zc James, J Berlin

School of Law, Humanities and Social Sciences

No abstract provided.

Work Placement 1 Men's Health Forum In Ireland, Aisling Fenton

Students Learning with Communities

No abstract provided.

Working Together To Achieve Better Work Integrated Learning Outcomes: Improving Productivity Through Better Employer Involvement, Denise Jackson, Sonia Ferns, David Rowbottom, Diane Mclaren

Research outputs 2014 to 2021

The overarching aim of this twelve-month project, funded by the Australian Chamber of Commerce and Industry, was to develop industry understanding of Work-Integrated Learning (WIL) and assess the support needed by employers to better engage in WIL. Data gathered in a survey of Western Australian employers and industry focus groups prompted the establishment of a WIL Advisory Service (WAS). The service was founded by the Chamber of Commerce and Industry of Western Australia (CCIWA) to broker relationships between employers and universities, and provide support to improve WIL outcomes. In this study, student and employer users of WAS were asked to …

Marbury Moments, Steven Arrigg Koh

Faculty Scholarship

Every court has its Marbury moment. To support this argument, this Article reviews seminal cases from three types of courts: U.S. federal, regional, and international. This Article concludes that Marbury moments provide novel insights about both Marbury v. Madison itself and the nature of domestic and international courts.

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection Yong Pung How School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can …

Collaborations Between Lawyers And New Legal Professionals: A Path To Increase Access To Justice And Protect Clients, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

This article explores the ongoing challenge of access to affordable legal services for civil matters. Part I introduces the idea that there are a variety of innovations that could be made to improve the public’s access to justice, but this essay pays particular attention to the various relationships between advanced practice registered nurses and physicians as a possible template for associations between lawyers and other legal professionals. Part II examines the challenges to accessing justice in the current legal market. Part III discusses the rise of alternative legal professionals to serve the unmet legal market demands. Part IV looks at …

Towards A New Paradigm Of Judicial Education, Mary R. Russell

Journal of Dispute Resolution

When talking about judicial education, a central question emerges: What is the goal of judicial education for judges? A simple answer springs to mind: To make us better judges, of course. This of course is a deceptively simple question with a deceptively simple answer, until there is an attempt to specifically identify how to accomplish this worthy judicial education goal, and that is where simplicity disappears

Muckraking And C.O.B.Y (Cry Of Black Youth): Uncovering A History Of Organizing In Belle Glade, Raymond A. Hamilton

USF Tampa Graduate Theses and Dissertations

This thesis examines a local activist group in the rural town of Belle Glade, Florida during the late 1960s and early 1970s. This research falls in line with many New Black Power studies. These New Black Power studies challenge existing notions of the Black Power and Civil Rights eras and their relationship to one another. It challenges the time frames, geography and ideology of both of the eras. This case study of a the group in Belle Glade is not the first to examine the similarities of the Black Power and Civil Rights eras, where many groups who affiliated with …

Dean's Column: Unlv Law Students Making Tracks In Carson City, Anne R. Traum

Scholarly Works

No abstract provided.

What The Jobs Are: New Tech, New Client Needs Create A New Field Of Legal Operations, William D. Henderson

Articles by Maurer Faculty

No abstract provided.