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Senate Journal: Seventy-First General Assembly First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Busting Up The Pretrial Industry, Andrew S. Pollis

Faculty Publications

It is by now axiomatic that the objective of the civil lawsuit has evolved. Litigants no longer routinely resolve their disputes through trial but instead engage in pretrial battles designed to extract favorable settlements. Modern litigation revolves around protracted discovery and dispositive motions, driven by two primary dynamics: (1) the maximization of fees for lawyers who charge their clients by the hour; and (2) the desire to make litigation as painful as possible for an adversary so that settlement becomes the adversary’s better option. We have, in short, fostered a pretrial industry that can relegate the merits of a dispute …

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

Articles by Maurer Faculty

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 …

Luxembourg Judicial Style With Or Without The Uk, Fernanda G. Nicola

Fordham International Law Journal

No abstract provided.

Transnational Legal Practice [In 2016], Laurel Terry

Faculty Scholarly Works

This Transnational Legal Practice (TLP) Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the past year. It focuses on developments that occurred during 2016.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” See Laurel S. Terry and Carole Silver, Transnational Legal Practice [2014], 49 ABA/SIL (n.s.) 413 (2015). One group of TLP-Nets is nationally based and the other is inherently transnational.

This article uses the TLP-Nets structure set forth in the 2014 TLP Year-in-Review article by dividing its …

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

Articles

No abstract provided.

Costs Of Pretrial Detention, Shima Baughman

Utah Law Faculty Scholarship

Spending on U.S. incarceration has increased dramatically over the last several decades. Much of this cost is on incarcerating pretrial detainees—inmates not convicted of a crime—which constitute the majority of individuals in our nation’s jails. Current statutory schemes give judges almost complete discretion to order pretrial detention based on unexplained or unidentified factors. With this discretion, judges tend to make inconsistent decisions in every jurisdiction, some releasing almost all defendants—including the most dangerous—and others detaining most defendants—even those who are safe to release. There are constitutional and moral reasons to evaluate our current detention scheme, but even the fiscal impact …

Coordinating Access To Justice For Low And Moderate Income People, Ian Weinstein

Faculty Scholarship

No abstract provided.

Antitrust As Disruptive Innovation In Health Care: Can Limiting State Action Immunity Help Save A Trillion Dollars?, William M. Sage, David A. Hyman

Loyola University Chicago Law Journal

On February 25, 2015, the United States Supreme Court ruled in North Carolina State Board of Dental Examiners v. FTC that state licensing boards controlled by market participants are subject to federal antitrust law unless they are “actively supervised” by the state itself. The ruling may sound narrow and technical, but the significance of the case can be inferred from the number and prominence of the amici curiae who lined up to support the North Carolina State Board of Dental Examiners (“North Carolina Board”)—first when the Federal Trade Commission’s (“FTC”) internal enforcement action was appealed to the United States Court …

Uk Law Notes, 2017, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Get Real: Why And How Clinicians Should Record, Transcribe And Study Actual Client Consultations, Linda F. Smith

Utah Law Faculty Scholarship

This article will argue that the legal academy has much to learn by recording, transcribing and systematically studying student-client and attorney-client consultations. Clinical faculty can utilize conversation analysis and other social science techniques to do this. Social scientists and medical providers have studied doctor-patient conversations in this way over many years. Through this systematic study researchers have reached conclusions about effective doctor-patient consultations that form the basis for teaching these skills in medical school. This article will highlight some of these studies and their findings. Some have contended that attorney-client conversations simply cannot be recorded and studied in the same …

State Bar Efforts To Deny Accreditation To Faith-Based Cle Ethics Programs Sponsored By Religiously Affiliated Law Schools, Bill Piatt

Faculty Articles

Religiously affiliated law schools focus on the integration of faith in the formation of future attorneys and leaders. Yet our students are only our students for three years. We can extend our influence and continue to provide a faith-based perspective to them and to other attorneys during the thirty, forty, or more years of their careers by offering continuing legal education (CLE) courses, which bring attorneys and judges together to provide a model for incorporating faith and morality into our professional roles. However, CLE programs must receive accreditation by state authorities if participants are to receive credit for them. Recently, …

Producer Services: A Hub For Stem And An Engine For Job Growth, November 2017

Bureau of Business Research Publications

Producer Services: A Hub For Stem and an Engine For Job Growth, November 2017

Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak

UC Law SF Journal on Gender and Justice

This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.

Online Dispute Resolution: Stinky, Repugnant, Or Drab, Robert J. Condlin

Cardozo Journal of Conflict Resolution

In Part II, I provide a brief overview of ODR systems, describing the largest, most well-known, and most sophisticated platforms now in place, to give the reader a sense of the- richness, variety, and benefits of online disputing, and a hint of developments still to come. In Part III, I describe certain legal, political, and moral concerns that have yet to be addressed in the ODR literature, and identify some of the unintended consequences the widespread adoption of ODR systems might produce. And in Part IV, I describe ODR's unfinished agenda, the questions proponents of the process must answer, and …

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

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Refugee Reception And Perception: U.S. Detention Camps And German Welcome Centers, Valeria Gomez, Karla Mari Mckanders

Fordham International Law Journal

No abstract provided.

Silencing Justice Abroad: The Threat To The Independence Of Lawyers In The Islamic Republic Of Iran, Sahar Moazami

Fordham International Law Journal

No abstract provided.

Prisoners’ Rights Manual, Aparna Chandra, Mrinal Satish, Ritu Kumar

Books

No abstract provided.

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

Faculty Articles

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 …

Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan

Faculty Articles

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …

Active Judging And Access To Justice, Anna Carpenter

Faculty Articles

"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 …

Rulemaking Ex Machina, Melissa Mortazavi

Faculty Articles

Emerging technologies promise to expedite administrative rulemaking by analyzing public input through computerized natural language rather than clunky, old human brains. Moving far beyond software that keyword searches and deduplicates content, natural language processing (as a type of predictive coding) employs artificial intelligence that adapts and modulates depending on inputs, rendering it fluid and dynamic. With the current concerted push to streamline agencies, the question of how and when to use automation in rulemaking will likely be decided in the next year. Considering that recently, a single proposed rule garnered over 3.7 million public comments, mechanisms that can make comprehending …

Whoosh - Declining Law School Applications And Entering Credentials: Responding With Pivot Pedagogy, Laura M. Padilla

Faculty Scholarship

The number of law school applications and entering law students and the credentials of those students, declined all at once. This trend has continued for many years, however, given the cyclical nature of law school applications, it will likely reverse eventually and credentials will improve, but not overnight. The first part of the article briefly discusses the decline in law school applicants and applications, including the confluence of perfect storm factors that resulted in more of the crash landing we experienced than a gradual drop. It also details the corresponding drop in entering credentials which accompanied that decline. The article …

Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, Donna Martinson, Margaret Jackson

Canadian Journal of Family Law

Access-to-justice studies initiated by Canadian lawyers and judges in the past four years have described the urgent need for family law reform. Reports from the studies discuss the need for a cultural shift—a fresh approach and a new way of thinking—in the reform process. A Roadmap for Change, the final report of the National Action Committee on Access to Justice, emphasizes the importance of providing justice, not just access: "Providing justice—not just in the form of fair and just process, but also in the form of fair and just outcomes—must be our primary concern." This article deals with the need …

Vol. 94, No. 3: Foreword, Jenny Arwade, Jim Freeman

Denver Law Review

No abstract provided.

Larsen Law Offices V. David Larson, District Of Colorado

Historical and Topical Legal Documents

Expert Report of Peter Kent

Schiff V. Exclusive Legal Marketing, Southern District Of Ohio

Historical and Topical Legal Documents

No abstract provided.

Hisey V. Ellis, Western District Of Washington

Historical and Topical Legal Documents

No abstract provided.

Kijimoto V. Youtube, Califonria Superior Court

Historical and Topical Legal Documents

No abstract provided.