Digital Commons Network^™

Seven Principles Of Highly Effective Inspectors General, Glenn A. Fine

Center for the Advancement of Public Integrity (Inactive)

As the Acting Inspector General (IG) of the Department of Defense (DoD), and the former IG of the Department of Justice (DOJ), I am often asked about general principles that apply to the work of IGs. IGs occupy some of the most important but least understood positions in the federal government. There are IGs in most federal agencies – 73 IGs in total – and IGs are different in many ways. However, based on my experience in the IG community, I believe several basic principles apply to the work of IGs on the federal as well as the state and …

Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Articles

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest litigation can be returned …

Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Legalzoom And Online Legal Service Providers: Is The Development And Sale Of Interactive Questionnaires That Generate Legal Documents The Unauthorized Practice Of Law?, Emily Mcclure

Kentucky Law Journal

No abstract provided.

Law School As Social Innovation, Lorne Sossin

Articles & Book Chapters

Legal education is in the midst of a range of challenges and disruptions. This address outlines these dynamics, and explores the potential of social innovation as a model for law schools which both responds to current challenges and enhances resilience in the face of disruption. By reframing legal education as facing outward, and advancing its public interest mandate through partnerships, collaboration and academic initiatives designed to solve social problems, law schools can enhance the student learning experience, generate new forms of legal knowledge and thrive at a time of rapid change. Address delivered at the Australian Law Teachers Association (ALTA) …

The Internet As A Site Of Legal Education And Collaboration Across Continents And Time Zones: Using Online Dispute Resolution As A Tool For Student Learning, Martha Simmons, Darin Thompson

Articles & Book Chapters

Increasingly, digital technologies are influencing and impacting dispute resolution, particularly in the emerging field of online dispute resolution (ODR). ODR holds the potential to increase access to justice by engaging disputants in dramatically new ways. As a relatively new subject, ODR is unlikely to form part of the traditional curriculum at law schools. Aside from the question of whether it will become a mainstream part of tomorrow’s legal or dispute resolution landscape, ODR does show us that a familiarity with technology is becoming more important for tomorrow’s lawyers. As educators, how can we expose law students to these new forces …

Designing Administrative Justice, Lorne Sossin

Articles & Book Chapters

This article explores the adaptation of design thinking to administrative justice. The human centred design perspective has been missing from most debates surrounding the design and reform of administrative tribunals in Canada. As a result, the author asserts that the administrative justice system in Canada at all levels of government (federal, provincial, municipal, and Indigenous) is generally fragmented, poorly coordinated, and under-resourced in relation to the needs of its users and has multiple barriers of entry.

This article is divided into two parts. The first part reviews the development of design thinking in the context of legal services and legal …

The Compliance Model Of Employment Standards Enforcement: An Evidence-Based Assessment Of Its Efficacy In Instances Of Wage Theft, Leah F. Vosko, John Grundy, Eric M Tucker, Mark P. Thomas, Andrea M. Noack, Rebecca Casey, Mary Gellatly, Jennifer Mussell

Articles & Book Chapters

This article critically assesses the compliance model of employment standards (ES) enforcement through a study of monetary employment standards violations in Ontario, Canada. The findings suggest that, in contexts where changes to the organization of work deepen insecurity for employees, models of enforcement that emphasize compliance over deterrence are unlikely to effectively prevent or remedy ES violations.

Inequality Rediscovered, David Singh Grewal, Jedediah S. Purdy

Faculty Scholarship

Widespread recognition that economic inequality has been growing for forty years in most of the developed world, and in fact has tended to grow across most of the history of modern economies, shows that the period 1945-1973, when inequality of wealth and income shrank, was a marked anomaly in historical experience. At the time, however, the anomalous period of equality seemed to vindicate a long history of optimism about economic life: that growth would overcome meaningful scarcity and usher in an egalitarian and humanistic period that could almost qualify as post-economic. This has not been the experience of the last …

Migrant Farm Worker App – Aghelp!, Huang Xiaomei

Technical Library

Migrant and Seasonal Farmworkers (MSFWs) travel each year to help cultivate and harvest crops in various regions of the United States. They often struggle to find resources such as education, health care or legal services when they get to a new place. On the other side, agencies with limited outreach budget also struggle to connect with them. Meanwhile, growers pay thousands of dollars for recruiting farmworkers every harvest season but often fail in finding enough laborers, while lots of unemployed farmworkers are waiting.

To estimate the potential of using a mobile app to address this problem within the farm worker …

Differing Perceptions? Market Practice And The Evolution Of Foreign Sovereign Immunity, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The 20th century witnessed a transformative, “tectonic” shift in international law, from “absolute” to “restrictive” theories of sovereign immunity. As conventionally understood, however, this dramatic transformation represented only a shift in the default rule. Under absolute immunity, national courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were presumptively not immune when they engaged in commercial acts. We demonstrate that market practices undermine this conventional understanding. Using an extensive, two-century data set of contracts between foreign governments and private creditors, we show that contracting parties have long treated absolute …

The Economics Of Healthcare Rationing, Michael D. Frakes, Matthew B. Frank, Kyle Rozema

Faculty Scholarship

This article examines the economics of healthcare rationing. We begin with an overview of the various dimensions across which healthcare rationing operates, or at least has the potential to operate, in the first place. We then describe the types of economic analyses used in healthcare rationing decision-making, with particular reference to cost-benefit analysis and cost-effectiveness analysis. We also discuss healthcare rationing in practice, such as how economic analyses inform decisions regarding which services to cover, and conclude by discussing various practical and conceptual challenges that may arise with economic analyses and that span both economics and ethics.

Doing Good: The Ultimate Service, Michael A. Mogill

Faculty Scholarly Works

The legal profession is a helping profession that can generate and inspire community leaders. That inspiration can hopefully be found in many forums, whether it be in the greater community, the office, or the classroom. We, as teachers in the legal profession, always try to inspire our students. This article addresses the many ways that law students can serve their respective communities while also benefitting themselves. In particular, this article notes how such engagement not only improves the image of our profession and schools, but also broadens our students’ cultural competencies, enhances their overall health, and advances their careers. This …

Immigrant Families Behind Bars: Technology Setting Them Free, Jennifer Blasco

Vanderbilt Journal of Entertainment & Technology Law

In July of 2015, Judge Dolly Gee from the US District Court for the Central District of California ordered that all immigrant women and children currently detained in a federal family detention facility be released immediately. She described the conditions of these detention centers as "deplorable" and stated that detention of these women and children directly violated the 1997 Flores Agreement. However, the practice of immigrant family detention remains alive and well in this country. Why? This Note provides an answer to this question and proposes a cost-effective and more efficient solution to the problem: electronic monitoring.

Consumer Internet Standard Form Contracts In India: A Proposal, Robert A. Hillman

Cornell Law Faculty Publications

India's burgeoning Internet commerce sector has made consumers susceptible to standard-form contracts. Due to the slim likelihood of consumers reading the terms, vendors may often draft heavy-handed terms in the contracts, thereby adversely impacting consumer interests. The Indian legal framework in this regard is inadequate. This article evaluates the existing suggestions on standard-form contracts and argues that none of them safeguard consumer interests sufficiently. Instead, based on the American Law Institutes' Principles of the Law of Software Contracts, the article proposes a disclosure approach that would benefit the interests of Indian consumers engaged in commerce on the Internet.

Kagan's Atlantic Crossing: Adversarial Legalism, Eurolegalism, And Cooperative Legalism, Francesca Bignami, R. Daniel Kelemen

GW Law Faculty Publications & Other Works

In this contribution to Varieties of Legal Order, a book inspired by Robert Kagan’s scholarship, we review the debate on the spread of American “adversarial legalism” to Europe. In the 1990s, Kagan developed the concept of adversarial legalism to capture the distinctive litigiousness of the American regulatory system, and asked whether it might take hold in Europe. In our research that followed, we put forward different answers. R. Daniel Kelemen concluded that a legal style akin to adversarial legalism--one which he eventually termed Eurolegalism—was in fact spreading across the European Union. Drawing on her case study of the data …

Teaching Legal Technology, Camille Broussard, Kathleen Brown, Daniel Cordova, Sarah Mauldin

Articles & Chapters

No abstract provided.

Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart

Publications

No abstract provided.

From The Editors, Margaret Y.K. Woo, Jeremy R. Paul

Journal of Legal Education

No abstract provided.

Legal Education, Practice Skills, And Pathways To Admission: A Comparative Analysis Of Singapore, Hong Kong, And Australia, Andrew Godwin, Richard Wai-Sang Wu

Journal of Legal Education

No abstract provided.

Japan’S Law School System: The Sorrow And The Pity, Dan Rosen

Journal of Legal Education

No abstract provided.

The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges

Emory Law Journal

This Article proposes that class-based affirmative action enjoys widespread support from people across the political spectrum because it is imagined to benefit the ¿deserving poor.¿ Class-based affirmative action enjoys bipartisan political popularity because it is imagined to benefit these respectable poor people¿folks who are deserving of a ¿leg up¿ in the admissions competition and deserving of programs designed to assist them. Alarm bells should ring because, throughout history, the categories of the deserving and undeserving poor have been racialized¿and, frequently, racist. Indeed, if history is a teacher, then class-based affirmative action will lose its popularity if poor racial minorities are …

Applying The Common Interest Doctrine To Third-Party Litigation Funding, Jeffrey Schacknow

Emory Law Journal

Third-party litigation funding is an emerging industry that provides financial backing to plaintiffs. Typically, third-party litigation funders provide money in exchange for a percentage of damage returns. To decide whether a given plaintiff¿s claim is a good investment, the third-party litigation funder assesses the claim¿s merits by conducting due diligence over a large swath of documents. Often, these documents are protected by attorney¿client privilege. Under normal waiver rules for attorney¿client privilege, when privileged documents are disclosed to a third party, the privilege holder impliedly waives the privilege protection. Consequently, third-party litigation funders deserve the same protection (afforded to insurers and …

Charity And Public Libraries: Does Government Funding Crowd-Out Donations?, Amir Borges Ferreira Neto

Economics Faculty Working Papers Series

There are over 9,000 public libraries in the United States servicing more than 1.5 billion people and raising over $11.5 billion dollars in revenue with approximately 8% of this total coming from donations. This paper analyzes the determinants of donations to public libraries testing the following hypothesis: is there a crowding-out effect from government funding of public libraries? I address this issue by looking at novel data, the Public Library Survey, and use panel from 2000 to 2013. The results suggest a crowding in effect in all levels of government: 4 to 6 cents in local government, 20 to 23 …

The District's Stepchild: The Total Erasure Of Low-Income Latinx Students' Needs At Continuation High Schools, Gabriela R. Ornelas

Pitzer Senior Theses

My study explores the underlying factors that allow systemic structural issues to exist within continuation high schools which result in the low educational performance of low-income Latinx continuation students. My study focuses on educators’ experiences, as I conducted 20 in-depth, semi-structured interviews with Southern California continuation high school teachers. I focused on the following areas of study: the teacher’s career, the teacher’s interactions with students, and the teacher’s opinions regarding their accessibility to funding and resources. My findings indicate that teachers, the outer community, and school-board administrators utilize cultural deficit thinking and stigmatization as tools of total erasure to exchange …

The Influences Of Roles And Support Systems On The Baccalaureate Degree Attainment Of Nontraditional Learners, Shirdricka Roberts

Electronic Theses and Dissertations

The purpose of the research study was to examine the influences of roles and support systems on the baccalaureate attainment of nontraditional learners. A qualitative bounded case study was conducted that include ten face-to-face interviews with nontraditional learners attending the same University during the same time period. The study provided a brief overview on the challenges, support systems, and motivations of these nontraditional learners. Theories used to frame the study's conceptual framework and address its research questions included Biddle's (1979) Role Theory, McClusky's Theory of Margin, Load and Power (1971) and Tinto's (1975, 1993, 2012) and Bean and Metzner's (1985) …

Nature Of Formal Intimate Partner Violence Help Seeking: The Influence Of Individual And Community Characteristics, Desiree Ruth Wiesen-Martin

Doctoral Dissertations

Intimate partner violence is a public health concern, and intimate partner violence victim help seeking is the focus of many intervention/prevention policies and programs. Help seeking by victims of intimate partner violence from formal support services, such as the police, domestic violence shelters, and/or rape crisis centers, is relatively low (Kaukinen 2002; Davies, Block, and Campbell 2007; Campbell 2008; Kaukinen, Meyer, and Akers 2013; Zaykowski 2014), and the research which considers the nature of help seeking among those victims who seek help is quite limited. This dissertation investigates the nature of formal help seeking among intimate partner violence victims who …

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Connecticut Insurance Law Journal

No abstract provided.

Profit-Driven Prosecution And The Competitive Bidding Process, Maybell Romero

Journal of Criminal Law and Criminology

Prosecutors are the most powerful organs of the criminal justice system, enjoying discretion in decision-making far beyond that of law enforcement officials, defense attorneys, and judges. Perhaps due to this exceptional position, contemporary understandings and perceptions of criminal prosecutors have tended to be largely positive; evidence of such a normative understanding of the prosecutor and its role may be found from a variety of sources, from (other) law review articles to pop cultural touchstones in television and movies. The prevailing “prosecutorial norm” in the public consciousness embodies 1) a full-time government employee, 2) who devotes all of their time and …

What Happens After The Right To Counsel Ends? Using Technology To Assist Petitioners In State Post-Conviction Petitions And Federal Habeas Review, Margaret Smilowitz

Journal of Criminal Law and Criminology

No abstract provided.