Digital Commons Network^™

Children Are Sacred: Applying Navajo (Dine) Fundamental Law To Strengthen Juvenile Justice, Troy A. Eid, Deanna Goldtooth

South Dakota Law Review

No abstract provided.

Addressing Needs Of Intimate Partner Violence Survivors In The Emergency Department, Claudia F. Schenk

Walden Dissertations and Doctoral Studies

Intimate partner violence is a global epidemic and public health concern, including in the United States. The purpose of this descriptive, exploratory, nonexperimental, quantitative study was to determine to what extent intimate partner violence survivors avail themselves of offered resources and interventions in health care settings. The general systems foundation was used for the study's theoretical foundation. The research questions ascertained the proportion of intimate partner violence survivors who accepted mental health, law enforcement, and community outreach resources; the level of comprehensive intervention they received; and the associations, if any, between types of services. Retrospective data were collected from121 medical …

Border Adjustments And The Conservation Of Tax Planning, David M. Schizer

Faculty Scholarship

This article is based on Schizer’s keynote address at the 17th annual NYU-KPMG Tax Symposium on March 10.

In this article, Schizer argues that U.S. corporate and shareholder taxes need to be reformed, and the corporate rate should be much lower. In reforming this dysfunctional regime, according to Schizer, Congress should keep both of these taxes as a form of built-in redundancy; if one tax is avoided, the other can still be collected. More generally, Congress should be wary of Utopian solutions. Tax reform is more likely to change tax planning than to eliminate it entirely, Schizer concludes. For instance, …

Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion

Intercultural Human Rights Law Review

Since the beginning of the 1600s, slavery was a known issue in the United States (U.S.). Although slavery was abolished in 1863 as a result of the Civil War, slavery persists in the present day. Modem day slavery is human trafficking. Although there is a misconception that human trafficking is only an international issue, victims need not cross international borders to be trafficked. Even though trafficking suggests movement or travel, there is no requirement that victims must be transported in order for trafficking to take place. Annually, approximately 700,000 victims are trafficked within U.S. borders. In the U.S. alone, there …

Stanley V. Illinois'S Untold Story, Joshua Gupta-Kagan

Faculty Scholarship

Stanley v. Illinois is one of the Supreme Court’s more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents’ rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this …

Race Liberalism And The Deradicalization Of Racial Reform, Kimberlé W. Crenshaw

Faculty Scholarship

Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordination of Black Americans. The neoconservative emphasis on formal colorblindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices …

Calling On The Cfpb For Help: Telling Stories And Consumer Protection, Pamela Foohey

Scholarly Works

Since it began operating in 2011, the Consumer Financial Protection Bureau (CFPB) has handled more than a million complaints regarding consumer financial product and services. Beginning in June 2015, the CFPB began publishing consumers’ narratives submitted with their complaints. This Article analyses a random sample of 5,000 of these narratives to assess how people engage with the complaint mechanism in light of the CFPB’s role in processing complaints. I find that people predominately use the complaint function for two distinct purposes: to express their anger and frustration about companies’ practices, or to express sadness and fear about how companies’ practices …

'No Money Down' Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne

Scholarly Works

This Article reports on a breakdown in access to justice in bankruptcy, a system from which one million Americans will seek help this year. A crucial decision for these consumers will be whether to file a chapter 7 or chapter 13 bankruptcy. Nearly every aspect of their bankruptcies — both the benefits and the burdens of debt relief — will be different in chapter 7 versus chapter 13. Almost all consumers will hire a bankruptcy attorney. Because they must pay their attorneys, many consumers will file chapter 13 to finance their access to the law, rather than because they prefer …

Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan Sturm, Haran Tae

Faculty Scholarship

This report documents the roles of formerly incarcerated leaders engaged in work related to reducing incarceration and rebuilding communities, drawing on in-depth interviews with 48 of these leaders conducted over a period of 14 months. These “leaders with conviction” have developed a set of capabilities that enable them to advance transformative change, both in the lives of individuals affected by mass incarceration and in the criminal legal systems that have devastated so many lives and communities. Their leadership assumes particular importance in the era of the Trump Presidency, when the durability of the ideological coalitions to undo the failed apparatus …

Exploring The Meaning Of Experiential Deaning, Margaret Martin Barry, Robert Dinerstein, Phyllis Goldfarb, Peggy Maisel, Linda Morton

GW Law Faculty Publications & Other Works

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

Creditor’S Failure To File A Proof Of Claim Is Inexcusable Where Potential Danger Of Prejudice To Debtor Exists, Meghan Lombardo

Bankruptcy Research Library

(Excerpt)

The Federal Rules of Bankruptcy Procedure provide that when an act is required … to be done at or within a specified period … the court for cause shown may at any time in its discretion… on motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect. Rule 9006 grants a pardon for late filings that were caused by neglect. The Supreme Court has defined neglect as “‘giv[ing] little attention or respect’ to a matter or… ‘to leave undone or unattended to especially …

Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles

Scholarly Articles

A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.

This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the …

A Role For Regulations, Standards, Best Practices And Monitoring In Enhancing Quality In Clinical Legal Education Programs, Leah Wortham

Scholarly Articles

This report analyzes and makes recommendations regarding three related documents: the Draft Model Regulation on Legal Clinic of a Higher Educational Institution as posted by the Ukrainian Ministry of Education and Science on April 19, 2017 (hereafter Regulation); the Standards for Legal Clinics Functioning in Ukraine developed by the Association of Legal Clinics of Ukraine (hereafter Standards); and an instrument to monitor law school clinics being developed by the Association (hereafter Monitoring Instrument). The report also makes recommendations about how the Association Legal Clinics of Ukraine (hereafter ALCU or Association) might be strengthened to enhance its impact in building strong …

Multinational Foreign Affiliates In The Least Developed Countries: A Multilevel Approach, R. Scott Hibbs

Theses and Dissertations

Several studies have examined the country-level effects on multinational enterprises that go into the developing countries, including the least developed countries. Few studies have considered the firm-level effects. This study uses the multilevel modeling method as outlined by Klein and Kozlowski (2000), Raudenbush and Bryk (2002), and Bliese and Hanges (2004) to examine whether there are any systemic patterns of multinational enterprises across the least developed countries. This paper uses information on foreign affiliates in the least developed countries to examine the overall trends of multinational firms in the least developed countries. Using data from the United Nations’ most recent …

Domestic Violence Among Asian Indian Immigrant Women In The United States, Teuta Peja

Master's Theses

This study looks at how domestic violence is conceptualized by the research studies on

Asian Indian immigrant communities in the United States through different periods of time, and

how sociocultural factors are associated with domestic violence. Using the meta-synthesis

descriptive method, I analyzed and interpreted the findings of four research studies conducted

between 1995-2016 that included in-depth interviews with Asian Indian immigrant women who

experienced domestic violence. The analysis focuses on changes of the patterns of abuse, helping behavior, and leaving the abusive marriage as an option. The changes in U.S. domestic

violence legislation and policy regarding immigration and domestic …

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Faculty Articles

Missouri tenants have few defenses to uninhabitable housing conditions. In a statistical study conducted by the Washington University Civil Rights & Community Justice Clinic and the Metropolitan Saint Louis Equal Housing & Opportunity Council, which encompassed 6,369 landlord-tenant cases from the 2012 calendar year, only two cases (0.03%) resulted in a judgment in favor of the tenant, while 4,934 cases (77.5%) resulted in judgments in favor of the landlord, with the remaining cases being dismissed without a judgment. These findings suggest that unrepresented low-income tenants seeking to raise defenses in rent and possession and eviction cases in the Missouri state …

Development And Dynamics Of The Informal Workers In Thailand: A Case Study Of Informal Workers Network, Tanachot Assawarotjanamitre

Chulalongkorn University Theses and Dissertations (Chula ETD)

This thesis aims to analyze the informal worker movement that is associated with a labor NGO named HomeNet Thailand, which helped mobilize informal workers and strengthen their skills and knowledge. The core analysis of thesis follows Resource Mobilization Theory and Political Process Theory to analyze the informal workers' developments, conditions, and limitations. This thesis explores the Informal workers' situation during Yingluck Shinawatra's civilian government (2011-2014) and Prayut Chan-o-cha's miliatry government (2014-Present). The thesis consists of 5 parts. Firstly, an introduction elaborates the research methodology of Archival Research and Interview methods. Secondly, a literature review and theoretical framework show the limitations …

Richmond Law Magazine: Summer 2017, University Of Richmond

Richmond Law Magazine

Features:

Destination Education

Land of the Lawyers

The Case for Clemency

Volume 41, No. 3

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Marina Bruggeman

Digital Editor: Jessica Patrick

Editors: Theron Davis, Lisandra Naranjo Hernandez, Melissa Pike

Proceedings Of The One Hundred Seventeenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

North Dakota Case Study: The Eviction Mill's Fast Track To Homelessness, Breezy A. Schmidt

North Dakota Law Review

No abstract provided.

Hysterectomy, Metaphor, And Voice: An Exploratory Study Of Surgery Experiences, Katherine M. Russell

Antioch University Dissertations & Theses

The experience of surgery may lead patients to form narratives that are dominated by medical terminology (Lapum, Angus, Peter, & Watt-Watson, 2010) rather than their own voice, or “capacity to speak on one’s own behalf, in terms that are not given by others” (Monk, Winslade, Crocket, & Epston, 1997, p. 306). In turn, patients may struggle to feel personally in control of their healing process. The subjective quality of metaphors can allow patients to articulate their surgery experience in a voice unique to them; facilitating patients’ sense of agency in the process of healing. In particular, women who have undergone …

A Model For Implementing Residential Mental Health Treatment In Nys Correctional Settings, Lauren K. Gillis

Antioch University Dissertations & Theses

Like the community, correctional institutions have been ill-prepared in providing care to persons with serious mental illnesses (SMIs) who engage in combative behaviors, in what generally seems to amount to innocuous social interactions. These persons have been increasingly incarcerated over the past several decades because of violent behaviors, severely complicating the effort to provide effective mental health treatment for this population. Even though correctional residential mental health units have been instituted, successfully implementing what works has shown to be, at best, transient in these settings. Through the emergence of implementation science principles, though, there is now a pathway to implement …

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Cracking The Code: An Empirical Analysis Of Consumer Bankruptcy Outcomes, Sara Sternberg Greene, Parina Patel, Katherine M. Porter

Faculty Scholarship

Chapter 13 is a cornerstone of the bankruptcy system. Its legal requirements strike a balance between the rehabilitation of debtors through keeping assets and reducing debt, and the repayment of creditors over a period of years. Despite the accolades from policymakers, the hard truth is that the majority of the half-million families each year that seek refuge in chapter 13 bankruptcy will not achieve the debt relief of a discharge. Prior research found that those who drop out of bankruptcy quickly endure the serious financial struggles that they had before bankruptcy—now even worse off for having spent thousands of dollars …

Guide To The School Of Law Records (University Of San Diego), University Of San Diego School Of Law

University Records

The University of San Diego School of Law records include correspondence, reports, informational brochures, and news releases pertaining to the early administration of the School of Law. The majority of the material dates from the 1950s through the 1980s giving a look into the functions of the School of Law and future projections.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and …

2016-2017 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

People will start seeking tax-exempt debt forgiveness under the Public Service Loan Forgiveness (“PSLF”) program in October of 2017 after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” I estimate that eventually 200,000 people a year or more will obtain debt forgiveness under this program, at a total cost to the Treasury of $12 billion/year or more. Estimates are that up to one-quarter of all employment will qualify as a public service job.

For such a large and costly program the precise eligibility criteria are crucial. The statutory definition of a public …

Table Of Contents

Georgia Law Review

No abstract provided.

Reconstructing Professionalism, Dana A. Remus

Georgia Law Review

Amidst widespread calls of crisis in the American legal
profession, scholars, commentators and bar leaders are
proposing that we rely on market logic to address the
problems and challenges of contemporary lawyering.
Proposed reforms seek to unbundle, commoditize, and
automate as many legal services as possible; to allow non-
lawyers to capitalize law firms and litigation; and to
permit services providers with limited or no legal training
to perform a wide range of legal tasks. In much the same
way that policymakers in the 1980s and 1990s came to
accept market-based deregulatory reforms to industries
across the country, today's ethics …