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2018

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Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin Jan 2018

Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin

Articles & Chapters

This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …


Textbook List, Fall 2018, Office Of Registrar Jan 2018

Textbook List, Fall 2018, Office Of Registrar

Semester Schedules and Information

No abstract provided.


In Their Own Voices : A Mixed Methodology Study Of An Independent Living Program For Foster And Homeless Youth, Emily Elizabeth Delorenzo Jan 2018

In Their Own Voices : A Mixed Methodology Study Of An Independent Living Program For Foster And Homeless Youth, Emily Elizabeth Delorenzo

Legacy Theses & Dissertations (2009 - 2024)

The purpose of this study is to investigate the impact of an Independent Living Program in upstate New York on foster and homeless youths’ ability to successfully transition to independence. The quantitative portion of this mixed methodology study examines whether or not the program as a whole had any effect on the progress of youth in the domains of employment, housing and education. The results indicate that greater number of days in the program and a thorough discharge plan were associated with positive outcomes for youth. The qualitative portion of this study provides much needed descriptive data on youths’ attitudes …


Beyond Litigation : The Behavior Of Cause Lawyering Organizations In The Lgbtq Movement, David Lawrence Trowbridge Jan 2018

Beyond Litigation : The Behavior Of Cause Lawyering Organizations In The Lgbtq Movement, David Lawrence Trowbridge

Legacy Theses & Dissertations (2009 - 2024)

Scholarship tells us that cause lawyers, including those in the LGBTQ movement, are likely to avoid non-litigation tactics in favor of court-centered strategies (Klarman 2005; Rosenberg 2008; Scheingold 1974). Other research suggests that lawyers are likely to steer the LGBTQ movement’s agenda away from both grassroots interests and its more radical agenda (Leachman 2014; Levitsky 2006). However, more recent scholarship shows an increased reliance on non-litigation tactics in the LGBTQ movement and publicly available evidence indicates cause lawyers are working on diverse sets of issues within the movement (Cummings and NeJaime 2010; Marshall 2006).


2018 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law Jan 2018

2018 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.


Annual Report 2017-2018, Office Of Sponsored Programs Jan 2018

Annual Report 2017-2018, Office Of Sponsored Programs

Annual Reports

No abstract provided.


Girlsread! Girls’ Rights: An Empowerment Curriculum, Natalie Jackson Hachonda, Nicole Haberland, Barbara Mensch, Pamela Nyirenda, Diana Bulanda-Shalala Jan 2018

Girlsread! Girls’ Rights: An Empowerment Curriculum, Natalie Jackson Hachonda, Nicole Haberland, Barbara Mensch, Pamela Nyirenda, Diana Bulanda-Shalala

Poverty, Gender, and Youth

This curriculum guide is designed to help female mentors in the GirlsRead! program in Zambia to directly engage girls in critical thinking about gender inequalities and discrimination, and help them build the assets and confidence needed to act on their own behalf and as progressive voices in their communities. GirlsRead! participants are girls in grade 7—the last year of primary school—when they are at high risk of leaving school. The curriculum includes 19 sessions that cover a range of topics from gender equality to sexuality to rights, in meetings that provide a space and opportunity for girls to regularly interact …


Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Andrew C. Whitaker, Timothy Daniels, Amber D. Reece Jan 2018

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Andrew C. Whitaker, Timothy Daniels, Amber D. Reece

SMU Annual Texas Survey

No abstract provided.


The New Negative Rights: Abortion Funding And Constitutional Law After Whole Woman’S Health, Mary Ziegler Jan 2018

The New Negative Rights: Abortion Funding And Constitutional Law After Whole Woman’S Health, Mary Ziegler

Nebraska Law Review

I. Introduction

II. The Hyde Amendment and the Redefinition of Conscience ... A. Pro-Lifers Develop an Argument for Public-Funding Bans ... B. More Complex Conscience Arguments Emerge ... C. Conscience Arguments Multiply

III. The Hyde Amendment and the Revival of the Right-Privilege Distinction ... A. Pro-Lifers Look for a New Litigation Strategy ... B. The Court Considers the Constitutionality of the Hyde Amendment

IV. The Hyde Amendment After Whole Woman’s Health ... A. Whole Woman’s Health Redefines the Undue Burden Test ... B. Reexamining the Hyde Amendment

V. Conclusion


Annual Report, Fiscal Year 2017-2018, Tennessee. Department Of Safety And Homeland Security Jan 2018

Annual Report, Fiscal Year 2017-2018, Tennessee. Department Of Safety And Homeland Security

Annual Reports

This document is the annual report for the Tennessee Department of Safety and Homeland Security during the fiscal year.


Senate Journal: Seventy-First General Assembly State Of Colorado Second Regular Session, Colorado General Assembly Jan 2018

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

Colorado House and Senate Journals

No abstract provided.


The Ambivalent Effect Of Complexity On Firm Performance: A Study In The Global Service Provider Industry, Marcus M. Larsen, Stephan Manning, Torben Pedersen Jan 2018

The Ambivalent Effect Of Complexity On Firm Performance: A Study In The Global Service Provider Industry, Marcus M. Larsen, Stephan Manning, Torben Pedersen

Management and Marketing Faculty Publication Series

Prior literature is ambivalent about whether organizational complexity has positive or negative effects on firm performance. Using rich data on global service providers, we explore this ambivalence by disentangling performance consequences of different types of organizational complexity. We show that complexity arising from the coordination of different services and operations negatively influences profit margins through increased coordination costs, whereas complexity coming from the sophistication of particular services may positively influence margins through informational advantages. We also investigate the moderating effects of process commoditization and client-specific investments. Our findings point to critical performance dilemmas facing global service providers in a highly …


Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler Jan 2018

Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler

Faculty Publications By Year

No abstract provided.


Resolution Fund Annual Report, Hungary: Szanálási Alap Jan 2018

Resolution Fund Annual Report, Hungary: Szanálási Alap

Documents

No abstract provided.


The Global Diffusion Of U.S. Legal Thought: Changing Influence, National Security, And Legal Education In Crisis, Fernanda Giorgia Nicola Dr. Jan 2018

The Global Diffusion Of U.S. Legal Thought: Changing Influence, National Security, And Legal Education In Crisis, Fernanda Giorgia Nicola Dr.

Contributions to Books

During the twentieth century, the center of production of legal ideas shifted from France to Germany and then to the United States. Here, the dominant legal reasoning framed the law as a phenomenon of social organization that was not confined to a specific legal system. There were both external and internal factors influencing U.S. legal thought which explain this change of wind from continental Europe to the United States. Externally, after World War II the United States garnered influence by positioning itself for political and economic global leadership. Internally, the critique of social purpose functionalism articulated by the legal realists …


Community Strengthening And Mental Health System Linking After Flooding In Two Informal Human Settlements In Peru: A Model For Small-Scale Disaster Response, Carmen C. Contreras, M. Aguilar, B. Eappen, C. Guzmán, P. Carrasco, A. K. Millones, Jerome T. Galea Jan 2018

Community Strengthening And Mental Health System Linking After Flooding In Two Informal Human Settlements In Peru: A Model For Small-Scale Disaster Response, Carmen C. Contreras, M. Aguilar, B. Eappen, C. Guzmán, P. Carrasco, A. K. Millones, Jerome T. Galea

Social Work Faculty Publications

Background: Mental health is an important factor in responding to natural disasters. Observations of unmet mental health needs motivated the subsequent development of a community-based mental health intervention following one such disaster affecting Peru in 2017.

Methods: Two informal human settlements on the outskirts of Lima were selected for a mental health intervention that included: (1) screening for depression and domestic violence, (2) children's activities to strengthen social and emotional skills and diminish stress, (3) participatory theater activities to support conflict resolution and community resilience, and (4) community health worker (CHW) accompaniment to government health services.

Results: A total of …


Two Tiers Of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs, Eric S. Goodheart Jan 2018

Two Tiers Of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs, Eric S. Goodheart

North Carolina Law Review

No abstract provided.


Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark Jan 2018

Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark

Faculty Scholarship

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …


Orphans No More: A Review Of Elizabeth Sanderson, Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Martin Jan 2018

Orphans No More: A Review Of Elizabeth Sanderson, Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Martin

Articles, Book Chapters, & Popular Press

Elizabeth Sanderson’s Government Lawyering: Duties and Ethical Challenges of Government Lawyers is the first comprehensive and long-form assessment of why government lawyers are different than lawyers in private practice and why that difference matters. This book review essay begins by setting out Sanderson’s position on a few concepts key to legal ethics for government lawyers: a definition of government lawyers, an account of the duties that apply to them, and the identity of the client. It then goes on to highlight the book’s four major contributions: an emphasis on the role of the Deputy Attorney General as an interface between …


Constitutionalizing Abortion Rights In Canada, Joanna Erdman Jan 2018

Constitutionalizing Abortion Rights In Canada, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article endeavours to understand the feminist activism from which constitutional abortion rights in Canada were born in the landmark Supreme Court case of R v Morgentaler 1988, and the influence of these rights on continued feminist activism for reproductive justice. Part I reviews abortion practice in the ‘back-alley’ prior to and immediately after the 1969 criminal reform with attention to the direct service activism of liberation feminists in their campaign to repeal the abortion law as a matter of constitutional justice. Part II turns to adjudication in the courts to study how judicial reasoning channelled these constitutional claims, exploring …


Informal Justice: An Examination Of Why Ontarians Do Not Seek Legal Advice, Matthew Dylag Jan 2018

Informal Justice: An Examination Of Why Ontarians Do Not Seek Legal Advice, Matthew Dylag

Articles, Book Chapters, & Popular Press

Modern access to justice scholarship takes as its premise that the focus of legal reform must be on the legal problems experienced in the day-to-day lives of the public; not just those problems that are brought before the formal court system for adjudication. In 2014, the Canadian Forum on Civil Justice [CFCJ] completed a comprehensive survey for the Cost of Justice Project inquiring into the civil legal needs among ordinary Canadians. One of the many conclusions that can be drawn from the survey data is the finding that most Ontarians do not go to lawyers in order to resolve their …


A Place To Call Home: Tenant Blacklisting And The Denial Of Opportunity, Paula A. Franzese Jan 2018

A Place To Call Home: Tenant Blacklisting And The Denial Of Opportunity, Paula A. Franzese

Fordham Urban Law Journal

No abstract provided.


The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan Jan 2018

The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan

Faculty Scholarship

Judges see themselves as – and many reforming voices urge them to be – facilitators of access to justice for pro se parties in our state civil and administrative courts. Judges’ roles in pro se access to justice are inextricably linked with procedures and substantive law, yet our understanding of this relationship is limited. Do we change the rules, judicial behavior, or both to help self-represented parties? We have begun to examine this nuanced question in the courtroom, but we have not examined it in a potentially more promising context: pre-hearing motions made outside the courtroom. Outside the courtroom, judges …


Raising The Bar: Reducing Conflicts Of Interest And Increasing Transparency In District Attorney Campaign Fundraising, Center For The Advancement Of Public Integrity Jan 2018

Raising The Bar: Reducing Conflicts Of Interest And Increasing Transparency In District Attorney Campaign Fundraising, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Center for the Advancement of Public Integrity at Columbia Law School (CAPI) conducted a review of the campaign fundraising practices of Manhattan District Attorney Cyrus Vance, Jr. at his request. Our review, as described in this report, encompassed research on relevant laws, regulations, and guidelines, as well as interviews with relevant stakeholders and subject matter experts, and culminates with recommended improvements to district attorney fundraising policies and procedures that are designed to address the problems of actual conflicts of interest, potential conflicts of interest that raise appearance issues, and unconscious bias, that may arise when campaign contributors also have …


Career Motivations Of State Prosecutors, Ronald F. Wright, Kay L. Levine Jan 2018

Career Motivations Of State Prosecutors, Ronald F. Wright, Kay L. Levine

Faculty Articles

Because state prosecutors in the United States typically work in local offices, reformers often surmise that greater coordination within and among those offices will promote sound prosecution practices across the board. Real transformation, however, requires commitment not only from elected chief prosecutors but also from line prosecutors—the attorneys who handle the daily caseloads of the office. When these individuals’ amenability to reform goals and sense of professional identity is at odds with the leadership, the success and sustainability of reforms may be at risk.

To better understand this group of criminal justice professionals and their power to influence system reforms, …


Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias Jan 2018

Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias

Law Faculty Publications

President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …


Avoiding Ethics Complaints: Finding The Rules And Leos, Joyce Manna Janto Jan 2018

Avoiding Ethics Complaints: Finding The Rules And Leos, Joyce Manna Janto

Law Faculty Publications

One nightmare shared by all lawyers is the prospect of a letter from the Standing Committee on Lawyer Discipline informing them of a complaint. Prudent lawyers avoid this by becoming familiar with the ethical rules and standards of their jurisdiction. Because, as many a lawyer has learned, ignorance of the rules is no excuse.


The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède Jan 2018

The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède

Scholarly Articles in Law Reviews & Journals

This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …


The Settlement Problem In Public Interest Law, Susan Carle Jan 2018

The Settlement Problem In Public Interest Law, Susan Carle

Scholarly Articles in Law Reviews & Journals

Public interest lawyers, of many types and political persuasions, play a vital role in pursuing '"public justice." For public interest (as for all) lawyers, settlement provides an important means of resolving cases. Yet a persisting ambivalence about case settlement in public interest law contributes to the difficulties public interest practitioners face in sustaining themselves in practice. Indeed, public interest lawyers identify case settlement as posing some of the most vexing legal ethics problems they routinely confront.

The trouble often stems from the fact that, in public interest law where clients do not pay for legal services, the economic incentives that …


Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry Jan 2018

Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry

Scholarly Articles in Law Reviews & Journals

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 …