Digital Commons Network^™

Unlock The Music: Replacing Compulsory Music Licenses With Free Market Negotiation, Karen (Kai-Wen) Hsieh

Cardozo Journal of Conflict Resolution

To understand the impact that compulsory licenses have on the music industry, Section II of this Note focuses on the three major licenses for music compositions-the mechanical license, the performing rights license, and the sync license. Section III discusses why compulsory licenses no longer benefit the music industry and why free market negotiation is the superior approach. This section will also address the potential problems arising from free market negotiation, such as the power imbalance in negotiations between major record labels and new artists. Finally, Section IV proposes online mediation to remedy the difficulties that may occur due to unrestricted …

It Takes A Village: Using Seniors To Help Divorcing Families, Forrest S. Mosten, Lara Traum

Cardozo Journal of Conflict Resolution

The wisdom of an underappreciated elderly population can offer invaluable assistance to underserved pro-se litigants facing family conflict. This Article will uncover the confluent needs of the family court system and the growing elderly population in the United States. Section II of this Article will explain the struggles of the family court system, outline the historic role of the elderly in addressing family conflict, propose the creation of an Elder Volunteer Corps to address these communal needs, and discuss the benefits of creating such a corps. Section III will suggest logistical approaches to forming an Elder Volunteer Corps, focusing on …

The Ninth Circuit's Decision In Von Saher V. Norton Simon Museum Of Art At Pasadena: The Invocation Of The Act Of State Doctrine And Its Implications For Future Nazi-Stolen Art Claims, Erica Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Transition And Transformation - From Military Combat To College Classroom: Strategies For Success, Charles Mark Brewer

Walden Dissertations and Doctoral Studies

Research shows that faculty, staff, and administrators at institutions of higher learning have a fundamental responsibility to create a safe and effective learning environment for returning military combat veterans. Studies of student veterans have shown that combat veterans have both unique strengths and barriers that must be taken into account if they are to complete an advanced degree. This study contributes to the literature on educational barriers faced by student veterans and their educators. Knowles' andragogy theory provided the theoretical framework for this transcendental-phenomenological research study. Ten randomly chosen student military veterans from Tacoma Community College in Tacoma, Washington, participated …

The Effect Of Healthcare Reform On The Sustainability Of Nonprofit Hospitals, Carmela Josephine Lynch

Walden Dissertations and Doctoral Studies

Healthcare spending in the United States has continued to rise with annual healthcare cost of $3.8 trillion in 2014. While costs and the population continue to rise, resources continue to dwindle. Consequently, Congress has imposed various price controls and healthcare reform measures over the past 20 years, including the recent Patient Protection and Affordable Care Act (PPACA), which aims to decrease spending while enhancing quality and safety of care delivery. As a result of the implementation of the PPACA, 34 million additional Americans may be eligible for healthcare in a system already needing additional resources, increased access to care, and …

A Curriculum On Culturally Competent Practices To Prevent Retraumatization In Diverse Survivors, Luana Rodriguez

Walden Dissertations and Doctoral Studies

This DNP project addresses the healthcare issue of intimate partner, domestic, and sexual violence (IPDSV), its impact on survivors, and reducing the potential for retraumatization by those who care for them in the clinical, behavioral, and social settings. Trauma-informed care interventions are designed to address the sequelae of trauma, promote recovery, and support resilience. Since IPDSV is a global health issue, supporting cultural needs of all clients is an essential aspect of trauma-informed care. This project was guided by a central research question that examined if trauma-informed, culturally competent curriculum be viewed by community stakeholders as an appropriate intervention for …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 35 (2016-17)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Publications

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and statelevel legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government-as a unitary entity-and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and state …

The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen

St. Mary's Law Journal

Abstract Forthcoming.

Hands Up: A Systematized Review Of Policing Sex Workers In The U.S., Fabian Luis Fernandez

Public Health Theses

This work lays the foundation for a study of criminalization and its effects on the health of street-based sex workers in the U.S. seeking to: 1) conduct a systematized review of sources from across the country settling on seventeen that describe experiences of harassment, false arrests, theft, physical abuse, sexual assault, HIV criminalization, survival tactics, reporting practices, and positive relations with law enforcement and 2.) compare the U.S. literature to international research, reflecting on the ways that public health researchers remain complicit in sustaining these harmful institutions by failing to consider diversity, the criminalized context of sex work, the links …

The Cost Of Uncertainty: Navigating The Boundary Between Legal Information And Legal Services In The Access To Justice Sector, Jennifer Bond, David Wiseman, Emily Bates

Journal of Law and Social Policy

The self-regulatory bodies that oversee legal professionals in Canada maintain strict control on the delivery of legal services, and access to justice projects must therefore always be conscious of activities that would violate certain restrictions. Careful adherence to these parameters is made difficult, however, by the lack of clarity about where the relevant boundaries are drawn. Using a project that provides legal assistance for refugees as a case study, this article highlights the challenges that the unclear distinction between “legal information” and “legal services” creates for access to justice initiatives. We conclude that the uncertainty can carry a variety of …

Disability Disclosure In The Digital Age: Why The Human Rights Tribunal Of Ontario Should Reform Its Approach To Anonymized Decisions, Natalie A. Macdonnell

Journal of Law and Social Policy

This paper provides a critique of the Human Rights Tribunal of Ontario’s (HRTO) approach to the anonymization of applications brought on the ground of disability. First, I examine the test for obtaining an order for anonymity and the application of this test by the HRTO. The HRTO has consistently held that the importance of open justice outweighs an individual’s privacy concerns about disclosure of disability in a public decision unless there are "unique" or "exceptional" circumstances. I discuss social science evidence related to disclosure of disability and the potential deterring impact of the HRTO’s current approach to anonymization on applicants …

Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson

Articles, Book Chapters, & Popular Press

The tort system is roundly indicted for its inadequacies in providing compensation in response to injury. More egregious is its response to injuries incurred due to negligence in the provision of healthcare services specifically. Despite numerous calls for reform, tort-based compensation has persisted as the norm to date. However, recent developments regarding physician malpractice lead to consideration of the possibility of a move to “no-fault” compensation for healthcare-related injuries. In this paper, I explore these developments, examine programs in various foreign jurisdictions which have adopted no-fault compensation for medical injury, and discuss the wisdom and feasibility of adopting an administratively-based …

Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton

Notre Dame Journal of Law, Ethics & Public Policy

This Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ("PPL") style, and offers an example …

Skin In The Game: Why Business Lawsuits Get Third-Party Funded, Radek Goral

Notre Dame Journal of Law, Ethics & Public Policy

The main claim of the paper is that the changing realities of legal practice create lasting attorney-funder alliances. In effect, among a funder, a friendly law firm, and the client circle of such firm, there is not one attorney-client-funder triangle, but many; and they all revolve around the common link between the two repeat players. The emergence of "litigation funding cones" impacts the attorney-client relationship. The paper argues that in third-party funded litigation, the attorney-funder bond, often informal and confidential, may leave represented litigants in a vulnerable position. Such vulnerability is unlikely to be adequately addressed solely by contract. Therefore, …

Counsel In School Exclusion Cases: Leveling The Playing Field, Julie K. Waterstone

Seton Hall Law Review

No abstract provided.

Soft Misogyny: The Subtle Perversion Of Domestic Violence "Reform", Justine A. Dunlap

Seton Hall Law Review

No abstract provided.

Stars Upon Thars: Evaluating The Discriminatory Impact Of Aba Standard 405(C) Tenure-Like Security Of Position, Melissa H. Weresh

Minnesota Journal of Law & Inequality

No abstract provided.

Commentaries On The Model Rules Of Professional Conduct, Thomas Andrews, Karen Boxx

Books

This Fifth Edition of the ACTEC Commentaries continues the tradition of providing guidance on the Model Rules of Professional Conduct particular to estate and trust practitioners. The Fifth Edition update to the Commentaries takes account of amendments to the Model Rules adopted since the 2005 Fourth Edition, including those proposed by the American Bar Association Commission on Ethics 20/20 as adopted by the ABA in 2012 and 2013. It is current through August 31, 2015 as there have been no amendments to the Model Rules since 2013.

In addition to these updates, we have added Commentary and Annotations to four …

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 Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law, and …

The Decline Of Professionalism, Rebecca Roiphe

Articles & Chapters

Traditionally, professionalism conceived of the professions as central to democratic society. Because professionals gained their status through reputation not wealth, they were in the best position to suppress their own self-interest in order to ascertain and pursue the public good. This Article argues that this traditional understanding of the professions was lost as a market ideology took hold in the 1970s. Professionalism gradually became synonymous with the delivery of services. This Article draws on this intellectual history to argue that aspects of the traditional concept of professionalism can and should be revived today.

Promoting Justice From The Inside: The Counseling Role Of Local Government And School District Attorneys, Lisa Grumet

Articles & Chapters

No abstract provided.

"Mr. Bad Example": Why Lawyers Need To Embrace Therapeutic Jurisprudence To Root Out Sanism In The Representation Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

Litigants with mental disabilities are taken less seriously by their own lawyers, trivialized by opposing counsel, and disparaged by judges. This is largely a result of “sanism,” an irrational prejudice of the same quality and character of other irrational prejudices such as racism, sexism or homophobia. Recognizing and combatting sanism creates extra burdens on lawyers who do seek to provide effective counsel for this population. Such lawyers need special tools to combat sanism, and we believe that lawyering skills rooted in therapeutic jurisprudence provide the best foundation through which to create a positive psychology of persuasion in this representation. Our …

Free Kick: Fifa’S Unintended Role In Illuminating Jurisdictional Gaps Of International Criminal Courts, Travis L. Marmara

Brooklyn Journal of International Law

In the wake of the FIFA corruption scandal of 2015, certain realities have come to light. FIFA’s corruption knows no bounds, but fans of the sport will watch nonetheless. What is less apparent is that the two most prominent international criminal courts—the International Court of Justice (ICJ) and the International Criminal Court (ICC) fail to have jurisdiction over the FIFA organization or its officials when they engage in white-collar crimes that sanction human rights abuses abroad. This Note examines how FIFA officials’ acceptance of Qatari bribes to host the 2022 World Cup exposed alarming jurisdictional inadequacies of the ICJ and …

Insuring Takings Claims, Christopher Serkin

Vanderbilt Law School Faculty Publications

Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …

What Gideon Did, Sara Mayeux

Vanderbilt Law School Faculty Publications

Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes. Drawing on original historical research, this Article instead chronicles what Gideon did-the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession's policy consensus on indigent defense away …

The Refugee Convention And The Politics Of Domestic Rule Making In 44 Democracies: Where And How Do Institutions Matter?, Sean Christopher Anderson

Wayne State University Dissertations

I create a revealed preference decision model using markers of structural and ideational input factors informing the writing, passage, funding, and enforcement of domestic legislation in implementation of the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol within 44 democratic states. Where are domestic rules responsible for observed displays of compliance, and where are outcomes attributable to structural factors that render the domestic rule-making process effectively irrelevant? Where the outcome of the rule-making process is predicted to matter, elites may use the content of these rules toward the goal of continued policy influence and electoral …

Jd Resources V. Guarlnelli, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Yahoo V. Are You A Human, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Persistent Threats To Commercial Speech, Jonathan H. Adler

Faculty Publications

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This article briefly examines two: the use of commercial speech restrictions as a form of rent-seeking, and compelled commercial speech. Regulation of commercial speech is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have also been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater and …