Digital Commons Network^™

Tennessee Office Of Criminal Justice Programs Strategy For Victim Services Fy 2016, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Research Data Management: An Italian Case Study, Marisol Occioni, Paola Galimberti

Proceedings of the IATUL Conferences

No abstract provided.

A Survey Of Beliefs And Priorities About Access To Justice Of Family Law: The Search For A Multidisciplinary Perspective, Peter Salem, Michael Saini

Cardozo Journal of Conflict Resolution

Within the last decade, the term "Access to Justice" has grown in popularity among legal commentators, scholars, family justice reformers, government policy makers, and the media. But with all of this new attention, there remains no common understanding or definition of Access to Justice and its potential implications for children and families in domestic relation courts. The purpose of this cross-sectional online survey was to explore the meaning of Access to Justice according to legal, mental health, and dispute resolution professionals in various countries. The sample included 442 respondents (e.g., judges, lawyers, custody evaluators, mediators, family court services, court administrators, …

A Special Approach To Mediation For Moslem Clients, Nadia Shahram

Cardozo Journal of Conflict Resolution

The general saying "one size fits all" does not apply in the mediation setting. No mediation model advocates one strict approach for all mediations. In fact, each model offers a variety of styles to employ when working with clients, each with strengths applicable to specific situations. Mediators know how to adapt to the different circumstances of each client. They know that one size does not fit all.

Of Grids And Gatekeepers: The Socioeconomics Of Mediation, Robert Rubinson

Cardozo Journal of Conflict Resolution

Mediation scholars have long debated which mediator "style" or "model" is correct. The origin of the debate arises from a foundational piece of scholarship by Leonard Riskin. Riskin proposed a "grid" of mediator orientations comprised of what came to be known as "facilitative mediation" and "evaluative mediation." A more recent addition to the grid-and one that is almost universally recognized as a distinct model-is "transformative mediation." These three models are so embedded in the literature of mediation that they have been called "the big three."

This Article will survey these issues in three parts. First, it will offer an overview …

Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce

Faculty Scholarship

In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …

The Day Doctrine Died: Private Arbitration And The End Of Law, Myriam E. Gilles

Articles

This story begins in 1980, when a budding anti-lawsuit movement found an energetic champion in a new conservative President. Over time, the movement became a dominant feature of political life, as its narrative of activist judges, jackpot justice, and a thriving lawsuit industry stirred partisan passions. And yet, some thirty years on, it is clear that the primary legacy of the anti-lawsuit movement is the movement itself--not legislative achievements, which have been few and far between, but committed adherents, including future Supreme Court Justices, lower court judges, and business leaders.

Meanwhile, and also in the early 1980s, federal courts began …

Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles

Articles

In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is the culmination of decades of significant income and wealth gains for the top, combined with stagnant or decreasing growth for the majority - a trend that continues apace. But nowhere is the gap more glaring than in the civil docket, where class actions brought by or on behalf of low-income consumers and employees are on the verge of disappearing.

To be sure, the decline in class actions is only …

Best Practices For A State Alzheimer's Disease Registry: Lessons From Georgia, Elizabeth Weeks Leonard, Rui Bu, Amanda Alexandra Brown

Scholarly Works

In May 2014, the Georgia General Assembly enacted legislation establishing the Alzheimer’s Disease Registry (“Registry”) in order to generate new data for research and policy planning. The Task Force bill followed similar federal legislation. This state action has not only drawn tremendous attention to the continued prevalence of Alzheimer’s disease among the population of Georgia but also raised a series of questions regarding the practicability, legality, and effectiveness of the Registry. The lessons learned in Georgia, as Registry implementation moves forward, will provide guidance for other states interested in collecting similar data. In Part I of this article we describe …

Ethical Challenges Of Using Law Student Interns/Externs To Expand Services To Low-Income Older Adults, Eleanor Lanier

Scholarly Works

No abstract provided.

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.

The Rule Of Law And Ethical Integrity: Does Haiti Need A Code Of Legal Ethics?, Kate Bloch, Roxanne Edmond-Dimanche

Faculty Scholarship

No abstract provided.

Grizcode: A Web Series About The University Of Montana From The Student Perspective, Darien W. Gostas

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The point of this paper is to explore the development, purpose, and challenges of making the web series, GrizCode. It is not as scientific, as it is a narrative of what came to be. The goal of GrizCode was to paint a picture of what student life is like at the University of Montana, giving tips and life advice while celebrating and parodying what it means to be a “Griz.” It consisted of floating head type interviews of students over a green screen background of animations, with fun upbeat music that would keep the audience engaged and promote a joyful …

Small Firms Poised To Thrive In Today's Legal Market, Pamela Bucy Pierson, Emily Kornegay Price

Articles

No abstract provided.

Tribute To Professor Ken Margolis, Peter A. Joy

Case Western Reserve Law Review

No abstract provided.

Braking The Rules: Why State Courts Should Not Replicate Amendments To The Federal Rules Of Civil Procedure, Stephen N. Subrin, Thomas O. Main

Case Western Reserve Law Review

No abstract provided.

A New Model Of Sovereignty In The Contemporary Era Of Integrated Global Commerce, Kevin Sobel-Read

Vanderbilt Journal of Transnational Law

Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally, and transformations in global commerce specifically, have sutured together the peoples of the world-conventional nation-states and Indigenous groups alike--permanently altering the sovereignty of each. These developments make it that much more imperative to incorporate a functional definition of sovereignty into legal scholarship. But, given the complexities of sovereignty, the …

Motivation For Volunteering With Older Adults In A Rural Community, Tonia Maria Truesdell

Walden Dissertations and Doctoral Studies

The Baby Boomer generation in the United States is growing older, and the number of adults age 65 years or older is expected to double by 2050. The increase in older adults combined with the reduction in services to older adults has created a gap in available social services and volunteers are needed to fill those gaps. This quantitative, nonexperimental study was designed to identify the motivations of volunteers who served the socialization needs of isolated older adults in a rural U.S. community. The functional approach theory was utilized to explain how volunteers engage in the same volunteer activity for …

A Qualitative Study Of The Growth Strategies Of Mature Small Businesses, Racquel Thompson-Elliott

Walden Dissertations and Doctoral Studies

Some small businesses have slower growth as they age and have limited strategies to maximize profit, productivity, and job creation. The purpose of this qualitative study was to explore the strategies small business managers use to capitalize on growth opportunities. Area small business managers and support program stakeholders could gain new knowledge to develop effective support for mature small businesses. Twenty managers participated in this case study. These managers were from small businesses operating in the state of Florida for more than 5 years with less than 500 employees. The data collection approach included purposeful sampling and semistructured interviews with …

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 …

The Cfpb Anti-Arbitration Proposal: Let’S Just Give Arbitration A Chance, Ramona L. Lampley

Faculty Articles

In October 2015, the Consumer Financial Protection Bureau (“CFPB”) announced that it would propose a rule banning class action waivers in arbitration agreements for consumer financial services products. This proclamation came to fruition in May 2016 when the CFPB proposed 12 C.F.R. part 1040 and sought public comment on the proposed rule. The CFPB claims that the class-waiver, often imbedded in consumer arbitration agreements, gives companies a “free pass from being held accountable by their customers[,]” comparing it to the relief a consumer can obtain as being part of a class action. At the same time, the CFPB proposed reporting …

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney K. Cross

Articles

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …

The Effect Of Community Connectivity On Water And Sanitation Systems In Rural Panama, M.C. Moritz

Dissertations, Master's Theses and Master's Reports

The world has yet to realize universal access to water and sanitation. Various academic and professional fields provide frameworks for understanding water and sanitation access, but none directly consider the impact of community connectivity. Community connectivity refers to the infrastructures linking rural communities with urban centers. These infrastructures fall under the broad categories of transportation, energy, and telecommunication. This paper examines 23 rural Panamanian communities and compares connectivity measures with the functionality of the communities’ rural water and sanitation systems (RWSS). Community connectivity was evaluated with the Community Connectivity Analysis Tool (CCAT), while the water and sanitation systems were evaluated …

Environmental Justice In Remediation: Tools For Community Empowerment, Chihiro Tamefusa

Pomona Senior Theses

Exide Technologies finally closed its secondary lead-battery recycling plant on March 12, 2015. The community of primarily Hispanics around the facility had to fight many years to have the polluting facility shut down. Because government agencies, whose job is to protect citizens from polluters, were not regulating the facility properly, residents are not sure if they can trust the agencies to carry out remediation effectively and efficiently either. In this paper I explore the environmental justice issues associated with environmental remediation and what community members can do to make sure that their neighborhood is cleaned up properly. Through interviews with …

Department Of Fisheries Annual Report To Parliament 2015/16, Government Of Western Australia Department Of Fisheries

Department of Fisheries Annual Reports

This annual report provides an overview of the Department and its operations for the financial year ended 30 June 2016. It has been prepared in accordance with the requirements of the Financial Management Act 2006, the Fish Resources Management Act 1994 and the Public Sector Commission’s Annual reporting framework – 2015/16 reporting year.

Mike Zimmer, Mcdonnell Douglas And "A Gift That Keeps Giving", William Corbett

Journal Articles

No abstract provided.

Manchanda V. Google, Southern District Of New York

Historical and Topical Legal Documents

Yahoo Motion to Dismiss

Google V. Shamis, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Book Note: Law, Psychology, And Morality: The Role Of Loss Aversion, By Eyal Zamir, Dan Adler

Osgoode Hall Law Journal

RATIONAL CHOICE THEORY, as a descriptive theory of human behaviour, claims that individuals seek to maximize their expected well-being.2 But cognitive psychologists have shown this to be false through experimental and empirical research.3 Instead, human behaviour is predictably subject to cognitive biases, resulting in judgments and decisions considered “irrational” by rational choice theorists. One such bias is loss aversion, whereby people prefer not losing some good over gaining a good of equal value.4 In Law, Psychology, and Morality: The Role of Loss Aversion, Eyal Zamir argues that loss aversion provides a partial explanation for many features of human behaviour within …

Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green

Faculty Scholarship

State ethics codes based on the ABA Model Rules of Professional Conduct address lawyers' work in advocacy but do not target lawyers' work in particular areas of advocacy or in other specialized practice areas. For more than forty years, critics have asserted that existing ethics rules are too superficial and should be supplemented by specialized rules. This article examines the utility of specialized ethics rules for one particular sub-specialty-death-penalty defense practice. After identifying arguments for and against a specialized ethics code for death-penalty cases, the article analyzes the arguments in the context of a particular ethics dilemma that some death-penalty …