Digital Commons Network^™

The Twenty-First Century Delivery Of Legal Services: Thoughts For Legal Education, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

The twenty-first century lawyer will face rapid and unsettling changes in the way legal services are delivered. Legal futurists foresee many aspects of legal services being delivered more efficiently with the use of technology. For example, future breakthroughs in artificial intelligence may expand the ability to automate many tasks that currently require the skill of a lawyer. Similarly, less complex legal services such as the drafting of wills and trusts are being commoditized and provided more quickly and cheaply by new market entrants, such as LegalZoom, which provide on-line documents to millions of satisfied consumers. Additionally, new categories of licensed …

Sexual Orientation And Gender Identity, Mark E. Wojcik

The International Lawyer

No abstract provided.

Can Parallel Lines Ever Meet? The Strange Case Of The International Standards On Sovereign Debt And Business And Human Rights, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This special issue is a cooperation of the Yale Journal of International Law and the United Nations Conference on Trade and Development (UNCTAD). It emerged from UNCTAD’s work on sovereign debt workouts, specifically from its Working Group on a Sovereign Debt Workout Mechanism (2013 to 2015). The working group developed a Roadmap and Guide for Sovereign Debt Workouts, published in 2015. It proposes an incremental approach to sovereign debt workouts that relies on the continuous, progressive development of sovereign debt restructuring practice. This work has inspired the adoption of Basic Principles for Sovereign Debt Restructuring by the United Nations General …

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

Faculty Scholarship

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 …

Suffering In Silence: The Survey Of Law Student Well-Being And The Reluctance Of Law Students To Seek Help For Substance Use And Mental Health Concerns, David Jaffe, Jerome Organ, Katherine Bender

Scholarly Articles in Law Reviews & Journals

This article reports the results of the Survey of Law Student Well-Being (SLSWB) implemented in spring 2014 at fifteen law schools around the country. The SLSWB is the fi rst multischool study in over twenty years to address law student use of alcohol and street drugs, and the fi rst-ever multischool study to explore prescription drug use and the mental health concerns and helpseeking attitudes of law students. The results of the study indicate that roughly one-quarter to one-third of respondents reported frequent binge drinking or misuse of drugs, and/or reported mental health challenges. Moreover, the results indicated that signifi …

National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

Numerous scholars have commented on the judicial style of the Court of Justice of the European Union and its non-Herculean judges, generally disapproving of its minimalist reasoning, lack of transparency, and failure to draw openly on comparative legal sources to avoid inconsistencies and weaknesses in its legal reasoning. In a debate where both historians and sociologists have provided new avenues of research, the paucity of comparative lawyers is surprising because European law is a quintessential example of a transnational legal order. Since its inception, European judges, advocates general, and lawyers in Luxembourg have drawn inspiration from the different national legal …

The Feminist Case For Acknowledging Women's Acts Of Violence, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This Article makes a feminist case for acknowledging women’s acts of violence as consistent with — not threatening to — the goals of the domestic violence movement and the feminist movement. It concludes that broadly understanding women’s use of strength, power, coercion, control, and violence, even illegitimate uses, can be framed consistent with feminist goals. Beginning this conversation is a necessary — if uncomfortable — step to give movement to the movement to end gendered violence.

The domestic violence movement historically framed its work on a gender binary of men as potential perpetrators and women as potential victims. This binary …

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Faculty Publications

No abstract provided.

Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson

Faculty Publications

Ongoing, systematic research on civil legal needs and services is an essential component of improving the quality and availability of such services. Collaboration among researchers, legal services providers, and regulators will only become more important as innovations in the delivery of legal services progress. This volume brings together sixteen white papers by subject matter experts who assess "what we know and need to know" about various aspects of civil legal services delivery. The product of a partnership between the South Carolina Law Review and the ABA Commission on the Future of Legal Services, the collection is intended to serve as …

The Daily Gamecock, Tuesday, April 5, 2016, University Of South Carolina, Office Of Student Media

April

No abstract provided.

The Daily Gamecock, Monday, February 29, 2016, University Of South Carolina, Office Of Student Media

February

No abstract provided.

The Daily Gamecock, Thursday, February 4, 2016, University Of South Carolina, Office Of Student Media

February

No abstract provided.

The Daily Gamecock, Tuesday, March 29, 2016, University Of South Carolina, Office Of Student Media

March

No abstract provided.

The Daily Gamecock, Tuesday, March 22, 2016, University Of South Carolina, Office Of Student Media

March

No abstract provided.

The Daily Gamecock, Thursday, September 15, 2016, University Of South Carolina, Office Of Student Media

September

No abstract provided.

The Daily Gamecock, Thursday, September 8, 2016, University Of South Carolina, Office Of Student Media

September

No abstract provided.

The Effectiveness Of Specialized Legal Counsel And Case Management Services For Indigent Offenders With Mental Illness, Jeff Bouffard, Elizabeth Berger, Gaylene Armstrong

Criminology and Criminal Justice Faculty Publications

Background: In recent years, jurisdictions have recognized the strain placed on limited existing resources by criminal offenders with mental illness who frequently cycle through local jail facilities. In response, many locales have developed and implemented specialized programs to more effectively and efficiently manage these offenders, particularly the process of assigning defense attorneys to these often indigent defendants.

Methods: The current study examined the impact of an Indigent Defense Counsel (IDC) program designed to provide specially trained defense attorneys, and enhanced case management services to 257 indigent jail inmates with a qualifying, major mental health diagnosis (e.g., major depression). These …

Social Welfare Appeals In Ireland, Laura English, Floretta Lewis, Ruth Moore, Lyndsay O'Sullivan, Rachel Power

Students Learning with Communities

No abstract provided.

Strategic Plan Progress And Outcomes (2016), New York Law School

Strategic Plan and Initiatives

No abstract provided.

The Dark Figure Of Online Property Crime: Is Cyberspace Hiding A Crime Wave?, Maria Tcherni-Buzzeo, Andrew Davis, Giza Lopes, Alan Lizotte

Criminal Justice Faculty Publications

A pronounced drop in crime, since the early 1990s, has encompassed every crime category tracked by the FBI’s Uniform Crime Reports, including property crime. However, over the same period, the rates of online property crime (OPC) have been on the rise according to available evidence. We delineate the extent of our knowledge and data concerning cybercrime and identity theft and, using data from several nationally representative victimization surveys, offer an alternative view of property crime trends while pointing out the glaring gap in crime reporting and accounting in relation to the growing category of property crimes perpetrated online. In addition, …

Veterans Treatment Courts: Pure Pretextualism Or A Venue For Veterans' Needs?, John William Erickson Jr.

School of Criminal Justice Theses and Dissertations

The intended goals of Veterans Treatment Courts (VTCs) are consistent with what drove the establishment of Drug Courts and Mental Health Courts in the ‘90s. That is, a recognition that the traditional criminal justice system is geared toward punitive court dispositions; not the unique characteristics of addicts and/or mental health defendants (G. Lerner-Wren, personal communication, January 12, 2015). For example, In Dade County, Florida, a former U.S. Attorney, then the Dade County State Attorney, recognized that reform was necessary to avoid the criminalization of drug addiction; given the high prevalence of cocaine abuse. Today, U.S. Military Veterans returning from Iraq …

Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Profession?, Lucia A. Silecchia

Scholarly Articles

Pope Francis’s recent encyclical, Laudato Si’ (“Praised Be You”), has been one of the most widely anticipated papal documents in recent memory. It has also received far more popular commentary than would be expected of a papal encyclical. Yet, while Laudato Si’ has been widely dubbed “the climate change” encyclical, it is far broader than that. It is also a far-reaching analysis of a number of political, economic, social and legal issues, in addition to being an extensive exposition on human duties toward creation.

In the text of this encyclical, there are also some important lessons to be gleaned for …

Psci 291--Lawyers And American Politics, Mark C. Miller

Syllabus Share

No abstract provided.

Shedding The Uniform: Beyond A “Uniform System Of Citation” To A More Efficient Fit, Susie Salmon

Marquette Law Review

This Article brings a fresh perspective to the ongoing conversation about legal citation format; by highlighting the costs that the fetishization of “perfect” citation format imposes on legal education, the legal profession, and our system of justice, this Article encourages us to seize the opportunity that technology presents to implement a more just, sane philosophy of legal citation. Tracing the history of legal citation from its origins in Rome, this Article thoroughly debunks any notions of one citation manual’s inherent superiority as a citation tool and instead suggests a return to first principles: an approach to citation that ensures accuracy, …

Wage Theft As Public Larceny, Elizabeth J. Kennedy

Brooklyn Law Review

Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …

Forging Path For Women's Rights In Customary Law, Tamar Ezer

Articles

No abstract provided.

Building Community, Still Thirsty For Justice: Supporting Community Development Efforts In Baltimore, Renee Hatcher, Jaime Alison Lee

All Faculty Scholarship

Baltimore is a city of many challenges, but it possesses true communitybased strength. The city’s residents and community organizations are its greatest assets. This article highlights some of the community’s work and how the Community Development Clinic at the University of Baltimore School of Law (CDC) supports this work through its experiential learning curriculum.

The challenges facing Baltimore’s communities (systemic disinvestment, structural racism, vacant buildings, unemployment, and the criminalization of poverty, to name a few) existed long before the national media coverage and uprising surrounding the death of Freddie Gray, an unarmed Black man who suffered a fatal spinal injury …

Online Sex Slaves: The Internet's Powerful Role In Sex Trafficking, Daizchane Baker

Senior Honors Theses and Projects

Sex trafficking, often referred, as "modem day slavery" is one of the fastest growing criminal enterprises on the Internet. Sex trafficking occurs when a victim, typically a female, is traded for the purpose of commercial sex. Fueled by global economic conditions and increased international mobility, the trading of human beings is expanding rapidly. Classified advertisements on the Internet and social media websites have help aid in the advancement of the industry because traffickers are hidden behind the shield of anonymity and protection known as the web. Victims are sold numerous times to multiple buyers on a daily basis. Sex trafficking …

Hiv/Aids Care And Prevention Infrastructure In The U.S. Deep South, Susan S. Reif, Kristen Sullivan, Elena Wilson, Miriam Berger, Carolyn Mcallaster

Faculty Scholarship

No abstract provided.

So You’Re Going To Be A Judge: Ethical Issues For New Judges, Cynthia Gray

Court Review: Journal of the American Judges Association

After being elected or appointed to the bench, a budding judge should immediately sit down and read the code of judicial conduct for her jurisdiction.1 That review will alert the future judge to the ethical principles that will govern her time on the bench and begin a smooth, conflict-free transition from advocate to impartial arbiter.

Outlining the advice judicial-ethics committees have given about making that transition, this article highlights the provisions in the code of judicial conduct that will have the most immediate implications for a nascent judge even before taking the bench.2 It begins by listing the inquiries a …