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Law School Record, Vol. 63, No. 1 (Fall 2016), Law School Record Editors

Law School Record

• Message from the Dean
• "Your Job Search is Your Job Search": How Personalized Career Counseling Paid Off
• Lifting the Curtain
• Quadratic Election Law
• President Obama Returns to the Law School
• A Road Diverged
• Graduation 2016
• Law School News
• Faculty News: Faculty Publications 2015-2016
• Development News
• Alumni In Memoriam
• Alumni In Memoriam: Raymond G. Feldman, '45: 1922-2016
• Alumni in Memoriam: Abner Mikva, '51, Law School Clinical Faculty Member, 1926-2016

One Percent Procedure, Brooke D. Coleman

Washington Law Review

Political rhetoric about the one percent is pervasive, as those with the greatest concentrated wealth prosper and the remaining population stagnates. Because of their affluence, the one percent exercise disproportionate control over political and economic systems. This Article argues that federal civil procedure is similarly a one percent regime. The crème de la crème of the bench and bar, along with equally exclusive litigants, often engage in high-stakes, complex civil litigation. It is this type of litigation that dominates both the elite experience and the public perception of what civil litigation is. This litigation is not particularly common, however; while …

Maine Law Magazine - Issue No. 92, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• 2016 Commencement
  A graduating class of 82 J.D.s
• Justice for Women
  Five years of inspirational speakers
• Maine Law PLUS Program
  Stellar debut of a new program
• Refugee and Human Rights Clinic
  Making a difference for an asylum seeker
• Health Law
  Graduates are leaders in a growing field
• Student Spotlight
  Felix Hagenimana, ’18

Negotiating On Behalf Of Low-Income Clients: The Distorting Effects Of Model Rule 4.1, Megan Mcdermott

South Carolina Law Review

No abstract provided.

Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton

Michigan Journal of Race and Law

This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer’s and client’s racial sameness impact legal representation. This Article brings together three strands of lawyering theory – the role of race in lawyering, critical race theory, and the role of the lawyer in intra-race legal representation. In doing so, this Article explores a number of provocative questions: Does being the same race as their clients make lawyers better legal representatives? Should lawyers of color embrace or resist race’s …

Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.

The Second Circuit And Social Justice, Matthew Diller, Alexander A. Reinert

Fordham Law Review

This Article highlights just a few areas of law as illustrations of the Second Circuit’s jurisprudence in dealing with claims of marginalized and subordinated individuals and groups. In the area of civil rights, this Article focuses on sexual harassment law and prisoners’ rights. In the area of public benefits, this Article focuses on public assistance and the disability benefit programs of the Social Security Act.

Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam

University of Arkansas at Little Rock Law Review

No abstract provided.

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.

Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa

Law Faculty Scholarship

This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1)increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services providers. These obligations are …

One Percent Procedure, Brooke D. Coleman

Washington Law Review

Political rhetoric about the one percent is pervasive, as those with the greatest concentrated wealth prosper and the remaining population stagnates. Because of their affluence, the one percent exercise disproportionate control over political and economic systems. This Article argues that federal civil procedure is similarly a one percent regime. The crème de la crème of the bench and bar, along with equally exclusive litigants, often engage in high-stakes, complex civil litigation. It is this type of litigation that dominates both the elite experience and the public perception of what civil litigation is. This litigation is not particularly common, however; while …

Taking Bankruptcy Rights Seriously, Rafael I. Pardo

Washington Law Review

Perhaps more so than any other area of law affecting individuals of low-to-moderate means, bankruptcy poignantly presents an affordability paradox: the system’s purpose is to relieve individuals from financial distress, yet it simultaneously demands a significant commitment of resources to obtain such relief. To date, no one has undertaken a comprehensive study of the complexities and costs of the litigation burden that Congress has imposed on self-represented debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that sometimes necessitates litigation as the path for vindicating a debtor’s statutory right to a …

Youth Transitions Advisory Council Annual Report 2016, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Inclusion & Neighborhood Resilience: Designing For Equity In Post Industrial Cities, Catalina Freixas

Books and Monographs

For this studio, the SFS collaborated with The International Institute of St. Louis in a call for innovative design ideas to re-imagine the former building of the IISTL located at 3654 South Grand Ave. This architectural piece was built in 1930s as a car repair and dealership, with hydraulic elevators that lifted the cars from the repair shop at the lower level to the parking at the rooftop. Later, the building was renovated into doctor’s office space until 1999 when the Institute renovated it for office space use. The studio challenge was to create an iconic adaptive reuse for the …

2016 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Clinics News, page 8

Faculty Briefs, page 12

Student Competitions, page 18

Building New York, page 20

Justice For All, page 24

Guantanamo: The Supreme Court Blinks, page 30

Going Global, page 35

In Brief, page 36

Movers & Shakers, page 38

Alumni News & Class Notes, page 39

Advancement News, page 44

In Memoriam, page 47

End Note: Talkin’ Bout My Generation, page 48

The Illinois Veterans Treatment Court Mandate: From Concept To Success, John Adams, Jaye Hobart, Mark Rosenberg

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

Veteran Treatment Courts in Illinois - The VTC Mandate In Illinois, several VTCs already exist. These courts have seemingly been successful in achieving the outcomes that matter to veterans and communities. Because of the preliminary success of these courts, Illinois Governor Bruce Rauner signed House Bill 5003 (HB 5003) into law on August 14, 2016, which amends the Veterans and Servicemembers Court Treatment Act of 2010 by providing that each judicial circuit shall—rather than may—implement a VTC by January of 2018 (Public Act 099-0807). In addition to this legislation, in November of 2015, the Administrative Office of the Illinois Courts …

Uniform Law Commission Completes 7 New Acts Or Amendments In 2016, Jonathon S. Byington, Karen Powell

Faculty Journal Articles & Other Writings

No abstract provided.

Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker

Cardozo Journal of International and Comparative Law

The note critiques the current system of tort claims against the United States, particularly in cases involving the military, arguing that it is overly complex and fails to provide adequate compensation for injured individuals. It proposes replacing the existing tort system with a no-fault compensation scheme, similar to New Zealand’s Accident Compensation Act 2001, to better address the needs of victims.

2015-2016 Annual Report, William & Mary Law School

Annual Report

No abstract provided.

Combating Campaign Finance Corruption In The United States: Why A Grass Roots Approach Is The Only Solution, Chelsea Bellew

University of Dayton Law Review

No abstract provided.

Engaging Homeless Service Providers In Educational Efforts During A Tuberculosis Outbreak In Atlanta, Preetha Nandi, Mary Claire Worrell, Tom Andrews, Rose-Marie Sales, Jeff Mcmichael, Kristen H. Hamptom, Neela D. Goswami

Journal of the Georgia Public Health Association

Background: During an outbreak of tuberculosis (TB) in the homeless population of metropolitan Atlanta, education of homeless service providers (HSPs) about the implementation of local infection control measures was imperative to limiting the spread of TB and to preventing future outbreaks.

Methods: By use of educational sessions and teaching posters, two interventions were designed to focus educational efforts from November 2014 to August 2015: 1) a spatially-targeted approach that identified HSPs within an area of Fulton County, GA (which includes downtown Atlanta) with high TB case density (cases per square mile) from 2009 – 2014, and 2) an organizational meeting …

Spreading Justice To Rural Montana: Expanding Local Legal Services In Underserved Rural Communities, Hillary A. Wandler

Montana Law Review

No abstract provided.

Immigrating With God: Religious Coping Among Central American Asylum Seekers, Aubrey G. Parke

Undergraduate Student Research Awards

Maria sat next to me on the sofa, smiling as she told me that she had been gang raped and kidnapped twice on her journey from El Salvador to Mexico. When I asked Maria how she could be so happy, she answered by speaking to God instead of to me: "Sometimes one has to suffer. I did not suffer like you suffered, Jesus, and I am a sinner." During my year and a half of volunteering at Casa RAICES, I have heard many stories like Maria's, stories that combine extreme suffering with extreme faith. I am touched and fascinated by …

Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Americaserves Transparency Report, Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This report highlights and explains the functionality of the AmericaServes programs. AmericaServes is the nation’s first, scalable Collective Impact initiative serving the military-connected community. AmericaServes provides a series of place-based efforts focusing on coordination of service and care delivery across fifteen service domains.

Advocate, Fall 2016, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

Are European Union Sanctions “Targeted”?, Clara Portela

Research Collection School of Social Sciences

The emergence of targeted sanctions in the mid-1990s was due to the humanitarian impact of embargoes, which were deemed unacceptable and compelled senders to shift to measures designed to affect only wrongdoers. Twenty years on, the present paper considers the extent to which autonomous sanctions are designed to affect those individuals and elites responsible for the behaviour the EU aims to condemn. How faithful has the EU remained to this concept in its sanctions policy? The enquiry scrutinizes diverse practices in three established sanctions strands of the EU, development aid suspensions, Common Foreign and Security Policy (CFSP) sanctions and Generalised …

How Legal Technology Will Change The Business Of Law, Christian Veith, Michael Bandlow, Michael Harnisch, Hariolf Wenzler, Markus Hartung, Dirk Hartung

Research Collection Yong Pung How School Of Law

Powerful forces are reshaping the corporate legal-advice market, including price pressurefrom clients and the digitization of legal data. Legal-technology solutions can help law firmssucceed in this new era, but only if they understand the tech landscape and redefine keyelements of their business model.Mapping the Legal-Tech LandscapeThe legal-tech landscape comprises three solution categories: enabler technologies facilitating the digitization of legal data, support-process solutions infusing new efficiencies intocase-management and back-office work, and substantive law solutions supporting or replacing lawyers in executing core legal tasks in transactions and litigation cases.Legal Tech’s Impact—Today and TomorrowWhile legal tech began with the automation of standard legal …

A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman

Northwestern University Law Review

The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …

The Second Circuit And Social Justice, Matthew Diller, Alexander A. Reinert

Articles

The Second Circuit is renowned for its landmark rulings in fields such as white collar crime and securities law — bread and butter issues growing out of Wall Street’s preeminence in the financial landscape of the nation. At the same time, the Second Circuit has a long tradition of breaking new ground on issues of social justice. Unlike some circuit courts which have reputations in the area of social justice built around one or two fields, such as the Fifth Circuit’s pioneering role in civil rights litigation or the Ninth Circuit’s focus on immigration, there is no one area of …