Digital Commons Network^™

2017 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Cardozo and Yeshiva University Welcome New President, page 3

Top News & Events, page 4

Clinics News, page 9

The Independent Film Clinic: Lights, Camera, Transaction!, page 12

Faculty Briefs, page 14

In Brief, page 21

Coming to America, page 24

The Innocence Project Turns 25, page 34

Cardozo Law: Then & Now, page 36

Student News, page 39

Know What Your Work is Worth: Lessons from Prince’s Lawyer, page 40

Movers & Shakers, page 42

Alumni News & Class Notes, page 43

End Note, page 49

Endrew F.'S Unintended Consequences, Claire Raj, Emily Suski

Faculty Publications

More than thirty years ago, the Supreme Court held that students with disabilities have a substantive right to a “free appropriate public education,” or “FAPE,” under the Individuals with Disabilities Education Act (IDEA). At that time, however, it declined to set a standard for evaluating that right. This year, the Court re-visited the issue in Endrew F. ex rel. Joseph F. v. Douglas County School District and finally and unanimously set that standard. The Court determined that a child’s individualized education program (IEP), the document that sets out a child’s special education services, must be “reasonably calculated to enable a …

Endrew F.'S Unintended Consequences Endrew F. And Fry Symposium, Clair Raj, Emily Suski

The Journal of Law and Education

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 50, Number 2, Fall 2017

Nebraska Transcript

Dean’s Message

New Schmid Clinic Building enhances College's ability to provide students with hands-on legal education

Susan Poser's portrait joins those of fellow deans

Donors make the Marvin & Virginia Schmid Clinic Building a reality

Nebraska Law's new Children's Justice Clinic trains students to advocate for state's youth

Preeta Bansal delivers spring commencement address

Client Counseling Competition: From an excuse to hang out to win after win

Jenna Cope and Kari Schmitz are the 2017 ABA Law Student Division Client Counseling Competition National Champions.

Nebraska Law garners team, individual honors in INADR Law School Mediation Tournament

Nebraska Law team places …

The Death Of Rules And Standards, Anthony Casey, Anthony Niblett

Articles

No abstract provided.

Notre Dame Lawyer - Fall 2017, Notre Dame Law School

Notre Dame Lawyer

Dean Nell Jessup Newton writes:

It is early October as I write this, and the fall semester is off to a great start. We have enrolled an outstanding group of first-year students, held a successful inaugural NDLS Homecoming Weekend, welcomed new faculty, launched some exciting new programs and, last but not least, welcomed the return of Notre Dame Lawyer magazine!

Health Coverage Expansion For The Undocumented And Potential Impacts For Unaccompanied Migrant Youth And Families In California, Oscar F. Gil-Garcia, Kalissa Sawyer

Human Development Faculty Scholarship

The objective of this article is to identify areas for future study that have the potential to close the gap in knowledge about the health needs of unaccompanied migrant youth.

Formalizing Through Finances: A Case Study With Unics, Leah Kellenberger

Independent Study Project (ISP) Collection

This paper seeks to analyze the microfinance industry in Yaoundé, Cameroon through the lens of the microfinance institution UNICS. The main question guiding this study deals with whether or not the UNICS is encouraging a shift to the formal sector through their work with business people. Other questions relating to repayment rates and subsequently economic development also remain pertinent to the information found. In total, it is found that UNICS seeks to encourage formal sector growth through their work with businesspeople in the informal. Repayment rates however do not determine success of any aspect of a customer’s business or encouragement …

The Death Of Rules And Standards, Anthony J. Casey, Anthony Niblett

Indiana Law Journal

Scholars have examined the lawmakers’ choice between rules and standards for decades. This Article, however, explores the possibility of a new form of law that renders that choice unnecessary. Advances in technology (such as big data and artificial intelligence) will give rise to this new form—the microdirective—which will provide the benefits of both rules and standards without the costs of either. Lawmakers will be able to use predictive and communication technologies to enact complex legislative goals that are translated by machines into a vast catalog of simple commands for all possible scenarios. When an individual citizen faces a legal choice, …

The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez

St. Mary's Journal on Legal Malpractice & Ethics

Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository 2016/17, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.

A Torahic Case Against Sjr8, Josh Burk

University of Arkansas at Little Rock Law Review

No abstract provided.

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

Youth Transitions Advisory Council Annual Report 2017, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Masthead, Volume 39 (2017-2018)

Cardozo Law Review

No abstract provided.

A Framework For Understanding Subfederal Enforcement Of Immigration Laws, Huyen Pham

Faculty Scholarship

In discussing the varied LEA responses, the normative question naturally arises: Which model of immigration enforcement should an LEA embrace? If an LEA with no current immigration enforcement policy were to decide on a model, which model should it choose? Or, if an LEA wants to reconsider its current enforcement model, what factors should it consider in making its decision? The answers to these questions depend on the interests of individual LEAs-interests that may vary from LEA to LEA. The second contribution of this article then is to raise important questions that LEAs should consider in deciding which model is …

Foreword: Why “Tradition, Innovation, And New Beginnings: Celebrating The History Of The Dickinson Law Review” Is An Appropriate Title For Volume 122(1), Laurel Terry

Dickinson Law Review (2017-Present)

Volume 122(1) of the Dickinson Law Review is entitled Tradition, Innovation, and New Beginnings: Celebrating the History of the Dickinson Law Review. The goal of this Foreword is to provide information that will help current and future students at Penn State Dickinson Law, readers, alumni, and friends of the law school understand why this is an appropriate title for Volume 122(1).

Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter

Dickinson Law Review (2017-Present)

No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.

In this essay I address another cluster of folklore about …

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.

Money Didn’T Buy Happiness, Lawrence J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport

Dickinson Law Review (2017-Present)

This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

Law Firm Economics And Professionalism, Ward Bower

Dickinson Law Review (2017-Present)

Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.

Both authors accurately assess the state of the …

Of Counsel, Volume 19 | Fall 2017, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Case Global: Alumni, Faculty And Students Join Fight For Immigrant Rights In U.S., Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 9, No. 1 (2017)

• Alumni, faculty and students join fight for immigrant rights in U.S. (cover)
• Special Report: Fighting for Immigrant Rights
• LLM Program Earns Top Ranking
• Jessup and Vis Teams Win Top Honors
• Journal of International Law Celebrates 50th Year
• Law School in Cutting Edge in Foreign Partnerships
• Foreign Policy Talk Radio Show Renewed for Fifth Year
• Law School Partners in Nation’s First Graduate Program in Military Ethics
• Financial Integrity Degree Expanding to D.C.
• Law School Receives Historic Grant for Human Trafficking Program
• Law Students Intern Around the World
• “How I Spent My Summer”
• 2017-18 Conferences and Lectures …

Community Law Clinics In The Neoliberal City: Assessing Cuny's Tenant Law And Organizing Project, John Whitlow

City University of New York Law Review

No abstract provided.

Silent Struggle: Constitutional Violations Against The Hearing Impaired In New York State Prisons, Farina Mendelson

City University of New York Law Review

No abstract provided.

Local Responses To Today's Housing Crisis: Permanently Affordable Housing Models, Julie Gilgoff

City University of New York Law Review

No abstract provided.

Judges As Bullies, Abbe L. Smith

Georgetown Law Faculty Publications and Other Works

It can’t be easy being a judge. The responsibility is enormous: to protect and maintain the rule of law; determine facts and law; resolve disputes large and small; and, in criminal matters, decide whether a fellow citizen remains free or not. In essence, we look to judges to articulate the meaning of “justice”—no doubt knowing all the while, as Clarence Darrow famously noted, “There is no such thing as justice, in or out of court.”

I like and respect some judges, but not as many as I should. While some judges have the requisite ability and temperament for the bench—knowledge …