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"G" Is More Than "Pc" For Georgia: Why Prospective Adoption Of Aba Model Rule 8.4(G) Is A Viable Measure To Combat Discrimination And Harassment, Katie M. Wroten

Georgia Law Review

In August 2016, the American Bar Association
passed Model Rule 8.4(g) into its Model Rules of
Professional Conduct. The rule declares it misconduct
for a lawyer to harass or discriminate based on race,
sex, religion, national origin, ethnicity, disability, age,
sexual orientation, gender identity, marital status or
socioeconomic status. The scope of the rule extends to
lawyers' conduct outside of the courtroom, including
conduct related to the practice of law. The rule aims to
eliminate bias in the profession and justice system.
The Supreme Court of Georgia has yet to adopt any
version of Model Rule 8.4(g) in its comment …

Injection Drug Use Among West Virginia Medicaid Beneficiaries: An Analysis Of Health Outcomes, Service Utilization, And Cost, Michael J. Cima

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the United States, injection drug use is a serious public health concern associated with an array of negative health outcomes and substantial financial consequences for systems of care. The purpose of this study was to characterize a statewide sample of Medicaid insured persons who inject drugs in terms of health outcomes, service utilization and cost. A cross-sectional, retrospective analysis of West Virginia Medicaid claims data between 2014 and 2016 was conducted. Between 2014 and 2016, 5,082 West Virginia Medicaid beneficiaries amassed 14,414 service visits, among which inpatient, emergency room, and mental health and substance abuse were the most common. …

The Economic Benefits Of Portable Instrumentation On The Criminal Justice System: A Comprehensive Return-On-Investment Analysis, Korina Menking-Hoggatt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Prosecuting crime is an expensive endeavor. This thesis compiles data from a variety of sources to show that, in 2015, the average cost of prosecuting a seized-drug case in the United States was about {dollar}26,000. Of that amount, crime laboratories only cost about {dollar}275 per seized-drug case, or less than ~1% of the total cost of prosecuting a drug case. We show that the criminal justice system could save millions of dollars per year by strategically investing in portable chemical instrumentation and conducting seized-drug confirmatory analyses at the scene of the crime, or at booking, instead of in the laboratory. …

The Impact Of Education And Gender On The Facilitation Of The Duluth Model Anger Management Course, Charlise Gloria Hogue-Vincent

Walden Dissertations and Doctoral Studies

Domestic violence, specifically intimate partner violence (IPV), is a major social problem in the United States despite legislative efforts aimed at reducing it. The Duluth model, which is the preeminent domestic violence intervention model used in the United States, is a male-only group intervention based on feministic views that domestic violence stems from men's behaviors to assert power and control in relationships. While the model is widely emulated, its policies and practices are under scrutiny from researchers who question the program efficiency, pointing to high recidivism rates. Guided by feminist theory, the purpose of this generic qualitative study was to …

Reducing Technology Costs For Small Real Estate Businesses Using Cloud And Mobility, Linda Anne-Marie Mcintosh

Walden Dissertations and Doctoral Studies

Increased client accessibility strategies, awareness of technology cost, and factors of third-party data security capabilities are elements small real estate business (SREB) owners need to know before adopting cloud and mobility technology. The purpose of this multiple case study was to explore the strategies SREB owners use to implement cloud and mobility products to reduce their technology costs. The target population consisted of 3 SREB owners who had experience implementing cloud and mobility products in their businesses in the state of Texas. The conceptual framework of this research study was the technology acceptance model theory. Semistructured interviews were conducted and …

Eyewitness To History In Devolution Of Democracy And Constitutional Rights Following 9/11, Thomas Drake

Walden Dissertations and Doctoral Studies

Many researchers and political experts have commented on the disenfranchisement of the citizenry caused by irresponsible use of power by the government that potentially violates the 4th Amendment rights of millions of people through secret mass surveillance programs. Disclosures of this abuse of power are presumably protected by the 1st Amendment, though when constitutional protections are not followed by the government, the result can be prosecution and imprisonment of whistleblowers. Using a critical autoethnographic approach, the purpose of this study was to examine the devolution of democratic governance and constitutional rights in the United States since 9/11. Using the phenomena …

The Globalization Of Entrepreneurial Litigation: Law, Culture, And Incentives, John C. Coffee Jr.

Faculty Scholarship

The fiftieth anniversary of Rule 23’s adoption in 1966 provides an opportunity to consider how legal change occurs. Law, culture, and incentives all play a role. But which dominates? The adoption of Rule 23 preceded a significant surge in the use of the class action, and some areas of litigation came to depend on Rule 23’s availability (e.g., securities litigation, antitrust litigation, and, for a time, mass torts litigation). Perhaps even more importantly, Rule 23 spurred the growth of the plaintiff’s bar, enabling small firms with a handful of lawyers to develop into major institutional firms of one hundred or …

The Relationship Between Nonprofit Organizations And Cloud Adoption Concerns, Dana Haywood

Walden Dissertations and Doctoral Studies

Many leaders of nonprofit organizations (NPOs) in the United States do not have plans to adopt cloud computing. However, the factors accounting for their decisions is not known. This correlational study used the extended unified theory of acceptance and use of technology (UTAUT2) to examine whether performance expectancy, effort expectancy, social influence, facilitating conditions, hedonic motivation, price value, and habit can predict behavioral intention (BI) and use behavior (UB) of NPO information technology (IT) managers towards adopting cloud computing within the Phoenix metropolitan area of Arizona of the U.S. An existing UTAUT2 survey instrument was used with a sample of …

Osgoode Syllabus Of Courses And Seminars: 2017 - 2018, Office Of Student Services

Syllabi

No abstract provided.

Solitary Confinement, Prisoner Litigation, And The Possibility Of A Prison Abolitionist Lawyering Ethic, Debra Parkes

All Faculty Publications

This paper considers the role that litigation might play in ending the human rights crisis of solitary confinement in Canada while also examining the relationship of prisoner rights litigation to broader, anti-carceral social movements. The paper proceeds in four parts. The first section provides a brief overview of the widespread use of solitary confinement in Canada’s federal prisons and in provincial and territorial jails. Next, current litigation seeking an end to solitary confinement in the federal prisons system is located in the context of a long history of prisoner rights litigation in both the US and Canada. The third section …

How Harm Reduction Programs Work In The Context Of Village And Commune Safety Policy: Lessons Learned From A National Non-Governmental Organization In Cambodia, Sovannary Tuot, Sopheab Heng, Chhorvann Chhea, Eunice Salonga, Siyan Yi

This paper aims to examine the challenges and implications of the Village and Commune Safety Policy (VCSP) on harm-reduction programs and describe lessons learned from a harm-reduction program within the context of the VCSP in Cambodia. Data were collected from a monitoring and evaluation database and reports of a drop-in center that provides a wide range of harm-reduction services. In addition, qualitative data were collected through key informant interviews and focus group discussions with 38 participants including people who use drugs (PWUD) and people who inject drugs (PWID). Desk reviews and consultative meetings with key stakeholders were also conducted. In …

Graduate Survey, 2016-2017, Hart Career Center, Illinois Wesleyan University

First Destination Survey

No abstract provided.

The Family Law Bar, The Interdisciplinary Resource Center For Separating And Divorcing Parents, And The "Spark To Kindle The White Flame Of Progress", Andrew Schepard, Marsha Kline Pruett, Rebecca Love Kourlis

Hofstra Law Faculty Scholarship

No abstract provided.

Performing Out Of Limbo: Reflections On Doing Anthropology Through Music With Oromo Refugees In Indonesia, Dave Lumenta, Rhino Ariefiansyah, Betharia Nurhadist

Antropologi Indonesia

This article is an anthropological reflection on an on-campus collaborative music project between (Ethiopian) Oromo refugees and local Indonesian university teaching staff, students and professional musicians. It follows the way the project evolved from what was initially seen as a simple academic research opportunity and technical assistance for refugees to record their songs into a mutually transformative experience for those involved. It reflects on the process and the way art—as a collaborative practice and non-programmatic form of human engagement—provided new possibilities for the refugees living in transit in Indonesia to explore their talents and possible career opportunities for the future. …

Aabd Member Directory 2017, Alumni Assocation, Illinois Wesleyan University

Related Documents

No abstract provided.

Exploring The Experience Of Separation In Australia: Perspectives From Formerly Married And Cohabiting Parents, Sarah M. Barbas

Theses: Doctorates and Masters

The increase in separation and divorce rates during the 20th century brought with it many far-reaching social implications for all involved, sparking a high level of interest among researchers. Most research in this area has been approached from stress frameworks that have conceptualised separation and divorce as a stressful life transition that individuals must adjust to. Yet, attempts to understand separation and divorce to date have been dominated by quantitative methods that have resulted in a relatively static and objective understanding of this experience; particularly in Australia. Furthermore, although international rates of divorce are declining, rates of separation following cohabiting …

A Youth Curfew: A Retrospective View Of The Rise, Fall And Legacy Of The Northbridge Policy, Trudi Cooper, T. Love

Research outputs 2014 to 2021

This article presents policy, practice and theory implications of a case study of a youth curfew. The original case study of the Northbridge Policy Project set out to document the purposes of the Northbridge Policy, how policy was implemented, and to evaluate the effectiveness of this approach as a generalised response to child welfare and youth crime. The study synthesised data from multiple sources. The original study concluded that although the project was well resourced, well managed and had improved greatly inter-agency collaboration for child protection, these benefits could have been achieved without the curfew, which undermined some preventative aspects …

The Future Of Law As A Profession, Nancy J. Moore

Faculty Scholarship

For far too many years, lawyers and commentators have debated whether law is a profession or merely a business. The so-called business-profession dichotomy is somewhat of a misnomer. For many, maybe most lawyers, law is clearly a business in the sense that these lawyers seek to maximize their individual wealth as much (or as little) as other business persons. More importantly perhaps, lawyers in private practice widely acknowledge that adopting improved business practices is critical to providing competent legal services. The question remains however, whether, unlike some other commercial occupations, law is also a profession and if so, what is …

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

Faculty Scholarship

This Article is a critique of class-based affirmative action. It begins by observing that many professed politically conservative individuals have championed class-based affirmative action. However, it observes that political conservatism is not typically identified as an ideology that generally approves of improving the poor’s well-being through the means that class-based affirmative action employs — that is, through redistributing wealth by taking wealth from a wealthy individual and giving it directly to a poor person. This is precisely what class-based affirmative action does: it takes a seat in an incoming class (a species of wealth) from a wealthy individual and gives …

No Restoration, No Rehabilitation: Shadow Detention Of Mentally Incompetent Noncitizens, Sarah R. Sherman-Stokes

Faculty Scholarship

This article examines the burgeoning mental competency regime in immigration removal proceedings, as well as its shortcomings. While some strides have been made in the last six years to identify noncitizen detainees who are incompetent, and to implement safeguards, including appointed counsel, to protect their rights, the current mental competency framework fails to protect some of the most vulnerable. Specifically, this article explains that mentally incompetent, noncitizen detainees for whom no adequate safeguards are available, face a kind of shadow, prolonged and potentially indefinite detention. These detainees’ continued detention is wholly without process – despite their incompetence, they are not …

The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino

Scholarly Works

In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …

Asymmetry And Adequacy In Discovery Incentives: The Discouraging Implications In Haeger V. Goodyear, Jeffrey W. Stempel

Scholarly Works

In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goodyear Tire & Rubber Co. has for discovery and civil procedure. Professor Stempel argues the troublesome narrative that discovery problems and "abuse" are largely problems of claimants seeking excessive discovery that is unduly burdensome and costly relative to the case at hand is a significant part of the problem. Since the mid-1970s, the prevailing narrative has blamed discovery seekers more than discovery resisters.In that narrative, discovery problems are largely the problems of plaintiffs that are too unrealistic, sloppy, lazy, or greedy in frequently seeking excessive discovery. …

Maurer School Of Law Marks 175 Years Of History, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

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 …

The Case For A Uniform Cut Score, Joan W. Howarth

Scholarly Works

To our detriment, attorneys have become accustomed to state-by-state disparities in the cut score for our national, multiple choice licensing test, the Multistate Bar Exam (MBE). MBE cut scores range from 129 in Wisconsin to 145 in Delaware. The states with the most licensed attorneys, New York and California, use MBE cut scores of 133 and 144, respectively, which land on different sides of the national MBE score bell curve bulge. No one pretends that these disparities are justified because practicing law as a new lawyer is more difficult in California than in New York. The MBE cut score is …

Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch

Vanderbilt Law Review

When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs' lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs' claims and rewards them richly in common-benefit fees. It's no surprise then that these are coveted positions, yet empirical evidence confirms that the same attorneys occupy them time and again.

Anytime repeat players exist and exercise both oligopolistic leadership control across multidistrict proceedings and monopolistic power within a single proceeding, there is concern that they will use their dominance to enshrine practices and norms that benefit themselves at …

Corporate Masters & Low-Wage Servants: The Social Control Of Workers In Poverty, Nantiya Ruan

Scholarly Works

The Article describes and analyzes how the state’s control over low-wage workers has been relegated to private employers. While the state has historically controlled and limited the lives of poor people, today, people in poverty are subjugated through the privatizing of poverty governance by corporate masters who control the lives and shape the behaviors of their low-wage worker servants. The policies of these employers ensures that low-wage work is precarious, unpredictable, and insufficient.

This Article starts an important conversation about how today’s low-wage employers are corporate masters that control their servants through poverty-level pay and precarious positions. Work is scheduled …

Patient, Victim, Or Survivor?: An Analysis Of Sane Nursing Curriculum Bias, Samantha D. Gardner

University Honors Theses

This study assesses the SANE program training for the Oregon Sexual Assault Task Force to identify gaps that fail to address bias, causing SANE nurses to provide less-effective care to people who have experienced interpersonal violence. This thesis will address a particular question: How does the SANE nursing curriculum address bias? When reviewing the literature, it is clear that both biases and gaps in SANE training negatively affect survivors experiences. In order to address both biases and gaps, I conducted an initial read read-through of the curriculum text. Next, I made memos on notecards of the key words, phrases, and …

Discovering Forensic Fraud, Jennifer Oliva, Valena Beety

Articles by Maurer Faculty

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny.

In the criminal system, the near absence of any pretrial discovery means …

Active Judging And Access To Justice, Anna E. Carpenter

Articles, Chapters in Books and Other Contributions to Scholarly Works

“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …