Digital Commons Network^™

Keynote Address, Stephen B. Bright

Mercer Law Review

No abstract provided.

The Economics Of The Blockchain: A Study Of Its Engineering And Transaction Services Marketplace, Dylan Bargar

All Theses

The purpose of this document is to discuss the origins, developments, and economic issues of blockchain technology as well as the industry opportunities presented by different forms of ledger systems. The engineering of digital currencies' blockchains are presented beginning with bitcoin and its blockchain. Afterwards, specific areas of contention within the engineering innovations and their interaction with the economics of blockchain transaction services with respect to the consensus process are discussed. Finally, industry opportunities are presented and specific organizations' applications are described.

Perceptions Of Intimate Partner Violence Among Heterosexual, Gay, And Lesbian Couples, Shelby M. Staab

Master's Theses or Doctor of Nursing Practice

The current study examined the perceptions of intimate partner violence. Data were gathered from Fort Hays State University undergraduate participants enrolled on campus and virtually. Participants were assigned to a four-level independent variable (scenario type). Participants were grouped according to their career goal, a two-level independent variable (helping profession and non-helping profession). This study suggests there are differences in perceptions among participants with differing career goals as they pertain to myth acceptance of IPV and homosexuality, and the type of punishment needed for aggressors of IPV. Helping professionals endorsed lower myth acceptance of IPV. There was no significant effect of …

Foreword: We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

Fordham Law Review

On November 12 and 13, 2015, the Fordham Law Review hosted a symposium entitled We Are What We Tax. We invited scholars with a wide array of expertise inside and outside of the tax arena to consider how tax laws have shaped public and private institutions, cultural norms and hierarchies, and societal values.

Legalzoom: Closing The Justice Gap Or Unauthorized Practice Of Law?, Caroline E. Brown

North Carolina Journal of Law & Technology

No abstract provided.

Session One: Learning From Souther History And Culture

Mercer Law Review

No abstract provided.

Avoiding Grievances: 25 Things You Can Do, David Bright

St. Mary's Journal on Legal Malpractice & Ethics

Despite the high probability lawyers face of having grievances filed against them, there are best practices a lawyer can follow to lower the risk of facing a charge. The purpose of this Essay is to identify the most common situations that give rise to grievances against conscientious, skilled lawyers; to suggest ways that those lawyers can avoid grievances; and to suggest a sensible approach for practitioners facing a grievance.

An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos

St. Mary's Journal on Legal Malpractice & Ethics

For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.

Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …

Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

University of Richmond Law Review

Review:

Rethinking the Law School: Education, Research, Outreach and Governance

By Carol Stolker. Cambridge University Press, 2014. 454 pp. $125.00

Using A Simulated Case File To Teach Civil Procedure: The Ninety-Percent Solution, David B. Oppenheimer

Journal of Legal Education

No abstract provided.

Table Of Contents

Texas A&M Law Review

Table of Contents

Optimism, Skepticism, And Access To Justice, David Luban

Texas A&M Law Review

It has been more than twenty years since the American Bar Association published its pioneering study of the legal needs of low-income Americans. The bottom lines of this study are often cited: first, that each year, half of low-income people faced legal needs, defined as “situations, events, or difficulties any member of the household faced . . . . [that] raised legal issues.” Second, 70% of the legal needs of lowincome people went unmet.

Twenty years later, it appears that nothing has changed, except for the worse. For one thing, the budget of the Legal Services Corporation (“LSC”) is 40% …

Access To Criminal Justice: Where Are The Prosecutors?, Bruce A. Green

Texas A&M Law Review

When the organized bar talks about “access to justice,” it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors’ responsibility. This essay argues that the bar should take a stronger role in elaborating prosecutorial norms, particularly in the context of miscarriages of justice both on the individual and systemic levels. When people are denied access to criminal justice, the bar should ask, “Where were …

Addressing Access To Justice Through New Legal Service Providers: Opportunities And Challenges, Alice Woolley, Trevor Farrow

Texas A&M Law Review

Most informed observers of the Canadian and American legal systems accept the existence of a significant crisis in access to justice. Evidence shows growing numbers of self-represented litigants, inadequate support for legal aid, far more reported legal issues than there is access to affordable legal assistance, and costly legal services and legal processes out of reach of most middle- and low-income citizens. Bridging this “justice gap” has become the focus of modern access to justice reform efforts.

Economics, Eq, And Finance: The Next Frontier In Legal Education, Pamela Bucy Pierson

Journal of Legal Education

No abstract provided.

“The Ground You Walk On Belongs To My People": Lakota Community Building, Activism, And Red Power In Western Nebraska, 1917-2000, David Christensen

UNLV Theses, Dissertations, Professional Papers, and Capstones

Framed by histories of Lakotas in the twentieth century, American Indian Activism, and the “long civil rights movement,” this dissertation seeks to provide new perspectives on the American Indian civil rights movement. Although the United States government removed Lakotas from western Nebraska in the late nineteenth century, some returned to a portion of their homeland, settling and working in the border town of Gordon and the region’s two largest towns, Alliance and Scottsbluff, in the twentieth century. Between 1917 and 2000, Lakotas living in off reservation communities in western Nebraska created a grassroots reform movement, whose goals differed from the …

Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani

Michigan Journal of Race and Law

Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These …

Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott

Michigan Journal of Race and Law

Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their …

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Journal of Legal Education

No abstract provided.

The Relationship Between The Markets For Health Insurance And Medical Malpractice Insurance, W. Kip Viscusi, J. Bradley Karl, Patricia H. Born

Vanderbilt Law School Faculty Publications

This article evaluates the interdependence of medical malpractice insurance markets and health insurance markets. Prior research has addressed the performance of these markets, individually, without specifically quantifying the extent to which they are linked. Increasing levels of health insurance losses could increase the scale of potential malpractice claims, boosting medical malpractice losses, or could embody an improvement in medical care quality, which will reduce malpractice losses. Our results for a state panel data set from 2002 to 2009 demonstrate that health insurance losses are negatively related to medical malpractice insurance losses. An additional dollar of health insurance losses is associated …

An Examination Of The Community School Model In An Urban School Setting, Tanna H. Nicely

Electronic Theses and Dissertations

The topic of educating today’s youth has become an increasing multi-faceted task with rigorous accountability metrics handed down from all of the different branches of government. Schools are faced with providing more than just instructing the three R’s; they are taxed with educating the whole child.

This qualitative study explored the community schools model in an urban elementary school. Specifically, the study attempted to understand the perceived impact this model has on community members, parents, and administrators at one particular elementary school. Data were collected through a series of open-ended interviews and coded for inductive analysis. There were four emerging …

Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy, W. William Hodes

St. Mary's Journal on Legal Malpractice & Ethics

Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result of pure whim and prejudice, or random and arbitrary decision-making. At the same time, the use of compensated, partisan expert witnesses poses significant dangers to the fair and just determination of disputes. This Article examines the enhanced dangers that can appear when the expert witness is a lawyer, chiefly the pervasive use of “disguised testimony” and “disguised advocacy.” The Article concludes with some suggestions …

Legal Marketing Through The Decades: Pitfalls Of Current Marketing Trends, Tanya M. Marcum, Elizabeth A. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

Historically, states did not place restrictions on advertising by professionals; it was not until the beginning of the twentieth century that jurisdictions began to enact prohibitions on marketing of professional services. Eventually, the U.S. Supreme Court recognized the right of professionals to advertise their services and has continued to define the right in the decades since. While lawyers have long advertised in traditional media, such as billboards and television, thanks to the exploding popularity of social media websites like Facebook and Twitter, the available platforms lawyers may use to market their services will continue to multiply.

New and creative approaches …

Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries, Eric Mitchell Schumann

St. Mary's Journal on Legal Malpractice & Ethics

With many firms practicing in multiple states, a lawyer could represent a marijuana dispensary in a legalized state while practicing in a state, like Texas, which continues to criminalize the drug. This raises a question of whether Texas attorneys who make the bold attempt to assist a company that sells marijuana violate the rules of professional responsibility.

In Section II, this Comment examines the background of the criminalization of marijuana and looks into the movement to liberalize the laws surrounding it. Section III analyzes the rules of professional conduct in Texas and in Colorado to determine what a lawyer in …

Institutional Constraints Limiting Social Services For Immigrants, Grant Alan Holyoak

Undergraduate Honors Capstone Projects

This study advances the literature by identifying the factors that constrain the resource provision activities of social service agencies for immigrants. We consider whether and how coercive, mimetic and normative constraints shape organizational practices in this field. Drawing on twenty-five in-depth interviews with social service providers in Utah, we find that despite providers' commitment to serving immigrants, organizations remain significantly constrained due primarily to external coercive constraints including restrictive state laws and increasing competition over limited funding. We conclude by exploring the implications of our findings for policy and practice.

Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

Law Faculty Publications

Review of Carel Stolker's book, Rethinking the Law School.

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …

Revisiting Critical Gis, Jim Thatcher, Luke Bergmann, Britta Ricker, Reuben Rose-Redwood, Daniel O'Sullivan, Trevor J. Barnes, Luke R. Barnesmoore, Laura Beltz Imaoka, Ryan Burns, Jonathan Cinnamon, Craig M. Dalton, Clinton Davis, Stuart Dunn, Francis Harvey, Jin-Kyu Jung, Elen Kersten, Ladona Knigge, Nick Lally, Wen Lin, Dillon Mahmoudi, Michael Martin, Will Payne, Amir Sheikh, Taylor Shelton, Eric Sheppard, Chris W. Strother, Alexander Tarr, Matthew W. Wilson, Jason C. Young

Urban Studies and Planning Faculty Publications and Presentations

The article looks into the critical geographic information science (GIS) in approaching questions both emerging and enduring around the intersection of the spatial and the digital. It offers trading zones for discussion of issues, for building alliances and interrogating tensions, and for a constant dialectical process of critique and renewal. One tension running through critical GIS is the contradictory role it has played in addressing questions of social justice.

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah Sherman-Stokes

UC Law Journal

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …

April 30, 2016 (Pages 2155-2260), Pennsylvania Legislative Reference Bureau

Volume 46 (2016)

No abstract provided.