Digital Commons Network^™

Continuum: Volume 40 (Winter 2016), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Osgoodepd: Twenty Years And Twenty Stories, Osgoode Hall Law School Of York University

Law School Publications

Over the past 20 years, OsgoodePD has been a part of the learning journey for over 50,000 people. With over 1,300 CLE programs and 2,500 LLM degrees awarded, we’ve had professionals from all walks of life and from all over the world grace our classrooms and discussions. We wanted to share more widely some of the incredible diversity in experience and perspective that we get to see on a daily basis.

We asked 20 people who have been a part of OsgoodePD over the past 20 years to give us their perspectives on professional development. We asked them about their …

Advocating For Justice: The Role Of U.S. Policy & Non-Profit Organizations In Ending Child Sex Trafficking, Jessica M. Sandlund

Honors Capstones

Child sex trafficking is a form of human trafficking pervasive throughout the world. Nearly one million children are used as modern day slaves in the sex trafficking industry at any given time (International Labour Organization, 2012). Traffickers use their positions of power and control to enslave their victim in horrific situations and use them for their personal financial gain, while buyers perpetuate the industry. Federal policies and non-profit organizations in the US work together to combat child sex trafficking, but the continued presence of supply and demand along with gaps left by ineffective laws, untrained law enforcement, and low community …

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak

UIC Review of Intellectual Property Law

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …

The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Damned If You Do, Damned If You Don’T: A Contextual Analysis Of Co-Employee Liability And Wyoming Workers’ Compensation Subrogation, Jason Johnson, Christopher Brennan

Wyoming Law Review

No abstract provided.

The Municipally Owned Gasoline Station In Somerset, Ky: The Economic And Legal Consequences, Ashley Stearns Hoover

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A False Start In Constitutionalizing Lawyer Loyalty In Canada (Attorney General) V. Federation Of Law Societies Of Canada, Amy Salyzyn

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Canada (Attorney General) v. Federation of Law Societies of Canada, a majority of the Supreme Court of Canada surprised many legal observers by choosing to recognize a new principle of fundamental justice pursuant to section 7 of the Canadian Charter of Rights and Freedoms: a lawyer’s duty of commitment to a client’s cause. In this article, I critique the majority’s choice to recognize this new principle of fundamental justice after first reviewing the Court’s reasons and their background.

At issue in this case was the constitutionality of the federal government’s statutory regime for preventing and investigating money laundering and …

Sorting: Legal Specialization And The Privatization Of The American Legal Profession, Michael S. Ariens

Faculty Articles

Beginning in the 1950s, legal specialization was promoted to the majority of the American legal profession, small firm and solo practice lawyers, by the elite of the bar as the future of legal professionalism. Legal specialization was a form of sorting lawyers, and sorting was contrary to the traditional understanding of an undivided legal profession. Over the course of the next thirty years, this effort succeeded. This new understanding of legal professionalism emphasized the idea of competence based on a deep but particularized knowledge of law. This resulted in a slipping away of the beliefs that law was a public …

The Last Hurrah: The Kutak Commission And The End Of Optimism, Michael S. Ariens

Faculty Articles

No abstract provided.

Fraud On The Court And Abusive Discovery, David R. Hague

Faculty Articles

Unbeknownst to many, federal courts have the power under the Federal Rules of Civil Procedure to set aside judgments entered years earlier that were obtained by “fraud on the court.” Fraud on the court, however, can take many forms and courts and commentators agree that it is a nebulous concept. The power to set aside a judgment requires courts to strike a balance between the principles of justice and finality. A majority of courts require a showing, by clear and convincing evidence, of intentional fraudulent conduct specifically directed at the court itself. This standard is flawed. And courts that have …

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

Faculty Articles

No abstract provided.

Lawyers Going Bare And Clients Going Blind, Leslie Levin

Faculty Articles and Papers

Many U.S. lawyers "go bare" and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers' interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states' …

Intermediate Scrutiny As A Solution To Economic Protectionism In Occupational Licensing, Will Clark

Saint Louis University Law Journal

No abstract provided.

Forced Criminal Activities Along Mexico's Eastern Migration Routes And Central America Project, Guadalupe Correa-Cabrera, Maria Fernanda Machuca, Alejandro Noe Gonzalez, Dawid K. Wladyka, William Flores

Public Affairs and Security Studies Faculty Publications

Our research focused on identifying the role of transnational criminal organizations (TCOs) and transnational gangs in the different forms of human trafficking with a focus on forced labor for criminal activities.

Paterno V. Laser Spine Institute: Did The New York Court Of Appeals' Misapplication Of Unjustified Policy Fears Lead To A Miscarriage Of Justice And The Creation Of Inadequate Precedent For The Proper Use Of The Empire State’S Long-Arm Statute?, Jay C. Carlisle, Christine M. Murphy, Kiersten M. Schramek, Marley Strauss

Elisabeth Haub School of Law Faculty Publications

This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute. The Paterno Court failed to properly apply a statutory jurisdictional analysis by conflating it with a due process inquiry. Also, the Court unnecessarily balanced the interests of the Empire State's citizens in having a forum for access to justice with unjustified policy fears of potential costs to the state from assertions of in personam jurisdiction. Furthermore, the Court's policy focus4 on the protection of medical doctors from lawsuits and the prevention of “floodgate” litigation which would adversely affect …

Beyond Transparency: The Semantics Of Rulemaking For An Open Internet, Reza Rajabiun

Indiana Law Journal

In trying to promote the development of an open Internet, the U.S. Federal Communications Commission (FCC) has primarily tried to encourage network providers to be transparent about their traffic management practices and quality of service prioritization policies. Dominant network operators have successfully challenged this minimalist approach to addressing end-user concerns about the rise of a two-tiered Internet, motivating the FCC to engage in yet another public consultation process to assess its future approach to the problem. This article maps the debate using Natural Language Processing (NLP) tools that allow us to build a systematic picture of the positions of the …

Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy

Indiana Law Journal

This Article offers an alternative to the much-discussed U.S. News & World Report rankings. Where U.S. News rankings are affected by a wide variety of factors —some of which are criticized as irrelevant to what prospective students care about or should care about—this Article looks to three variables: the median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at nine months following graduation at full-time, permanent, JD-required jobs (a separate analysis excludes school-funded positions and solo practitioners from this variable); and the number of …

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Texas A&M Journal of Property Law

This Article is entirely agnostic with respect to the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. One need not discuss these merits to process what property problems and possibilities might emerge when any of those law-relaxation efforts are enacted. But, as society seems to increasingly tolerate marijuana, we undoubtedly will encounter more pot-related property uses in need of analysis. We will be faced with both legal and political regulatory choices as we attempt to integrate the uses of properties associated with marijuana—for use, growing, cultivation, processing, …

Structural Subjugation: Theorizing Racialized Sexual Harassment In Housing, Kate Sablosky Elengold

Faculty Publications

No abstract provided.

The Rise And Fall Of Social Trustee Professionalism, Michael Ariens

Faculty Articles

Elite lawyers have long urged the private practice bar to account for the interests of more than their clients in their work. A lawyer who served merely as a "mouthpiece" or "hired gun" of clients failed to meet the standards of professionalism, of failing to act, in Roscoe Pound's words, "in the spirit of a public service." Pound's view, expressed in the mid-20th century, was premised on the ideal that the lawyer pursued a public calling that incidentally was remunerative. This ideal required the lawyer to serve as a social trustee, one encumbered by duties for the benefit of society. …

Teaching Compliance, D. Daniel Sokol

UF Law Faculty Publications

Compliance is a growing field of practice across multiple areas of law. Increasingly companies put compliance risk among the most important corporate governance issues facing them. Moreover, as “JD plus” jobs proliferate, the demand for hiring both at the entry level and for former students currently in practice who are experienced in the compliance field will continue to grow. The growth in compliance jobs comes at a time in shifting demand for legal jobs for law school graduates. Traditional law firm entry level jobs at large law firms, which were the staple of on campus recruiting before 2007, have not …

Resilience, Suicide, And Enrollment In Higher Education: Three Essays On Impacts Of Recession, Danielle Elizabeth Carriere

Open Access Dissertations

This dissertation is comprised of three essays, all of which focus on various impacts of economic recession. The first two essays utilize county-level data to examine differences between rural and urban response to economic downturn, while the final essay makes use of individual-level data to examine the impact of recession on enrollment in higher education.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Indiana Journal of Law and Social Equality

No abstract provided.

Inclusion Of Team Role Theory Into The Orientation Of Law Librarianship At The University Of Washington, Tamara Carson

Borgeson Paper Archive

No abstract provided.

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

Fordham Environmental Law Review

No abstract provided.

Chapter 546: Another Step To Ensure Equal Pay Doesn’T Wait Another Fifty Years, Hannah Fuetsch

University of the Pacific Law Review

No abstract provided.

Can A Little Representation Be A Dangerous Thing?, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and …

Civil Rights—From Negative Restriction To Affirmative Obligation: A Call For Massachusetts To Recognize A Right To Rehabilitation Beginning With Juvenile Offenders, Jennifer L. Weekley

Western New England Law Review

In Diatchenko v. District Attorney for Suffolk District, 1 N.E.3d 270 (Mass. 2013) the Massachusetts Supreme Judicial Court sparked significant juvenile sentencing reform in the state. Previously an outlier for its harsh treatment of juveniles, the Commonwealth now prohibits the imposition of life imprisonment without the possibility of parole for juvenile offenders. This crucial step forward in juvenile justice is dually rooted in neuroscience advancements and society’s ever-evolving standards of decency. The premise is simply that children are different. Children are categorically impulsive, more susceptible to negative environmental influences, and their malleable character is less persuasive evidence of irretrievable depravity …

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Nicole G. Iannarone, Benjamin P. Edwards

Faculty Publications By Year

This essay unpacks the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students, from mastering the substantive area of law, developing critical thinking skills, and developing their professional identities and expertise. We describe our own experiences in incorporating students into the regulatory rulemaking process. Because of our focus on securities law, our students review and comment on proposed actions by securities regulators — the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing an overview of the pedagogical and practical rationale for …