Digital Commons Network^™

Dissenting Opinions In The Wto Appellate Body: Drivers Of Their Issuance & Implications For The Institutional Jurisprudence, Petros C. Mavroidis, Evan Y. Kim

Faculty Scholarship

The Appellate Body (AB) of the WTO has issued over 140 reports but only eight separate opinions, four of which are genuinely dissenting. Such paucity, in fact, is the WTO’s implicit tradition inherited from GATT of prioritizing unanimous decisions, hoping they solidify the institution’s legitimacy and countries’ confidence in the system. But at the more individual level, an AB member’s decision to dissent is driven by multiple factors that have implications for the institution’s jurisprudence. First, the factors explain how the symbiotic relationship between an AB member and his or her nominating country – whose interests turn out to be …

Religious Liberty For A Select Few, Sharita Gruberg, Frank J. Bewkes, Elizabeth Reiner Platt, Katherine M. Franke, Claire Markham

Faculty Scholarship

This report discusses how the Department of Justice’s guidance opens the door to an extreme rewriting of the concept of religious liberty. The guidance — and the numerous agency rules, enforcement actions, and policies that it is influencing — will shift the balance of individual religious protections across the federal government toward a new framing that allows religious beliefs to be used as a weapon against minority groups.

Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack

Articles & Book Chapters

It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of $295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by …

Centering Women In Prisoners' Rights Litigation, Amber Baylor

Faculty Scholarship

This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth." This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.

This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an …

The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging Or Interfering?, Helen Kruuse, Philip Genty

Faculty Scholarship

An independent legal profession is said to be “the bulwark of a free and democratic society.” It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in particular) that the legal profession has used the concepts of independence and the rule of law as a shield or cuirass rather than as a sword. The image of lawyers representing unpopular clients fearlessly and advocating on behalf of unpopular causes, so as to uphold …

A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza

Articles & Book Chapters

This Article offers two major recommendations to expand the use of third party litigation funding ("TPLF") into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. If U.S. courts follow suit, friction against the implementation of TPLF can be mitigated. Alternatively, regulation may occur through legislative and regulatory models to govern and set out precisely what types of arrangements are permitted. Involving entities such as the SEC may expedite the acceptance of TPLF, but special attention is necessary not to intermingle notions of fiduciaries into the …

Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins, Chantal Thomas, Olatunde C.A. Johnson, Elsie Lopez

Faculty Scholarship

Panel moderated by Professor Olatunde Johnson, featuring Professors Monica Bell, Tanya K. Hernández, Solangel Maldonado, and Chantal Thomas. Introduced by Elise Lopez.

Law, Visual Art, And Money, Lydia Pallas Loren

Lewis & Clark Law Review

This Essay explores areas where law and art interact, and where, it seems, money changes things. It discusses three areas of the law that encourage the creation of visual art, starting with the basic combination of property and contract, and moving to the more targeted law of copyright and, finally, the law specifically aimed at the visual arts: the Visual Artists Rights Act (VARA). The Essay then takes up the task of exploring the ways in which both the rights and protections offered by VARA and by copyright law are affected by commercial exploitation of visual artworks. It also examines …

Inequality, Innovation, And Patents, Colleen V. Chien

Faculty Publications

This article explores the relationship between patents, innovation, and inequality, making three contributions. First, it reveals how shifts in patented innovation over the last several decades have contributed to broader social and economic shifts, away from manufacturing-based, domestic, and independent innovation, and towards digital, foreign, and corporate innovation, validating both optimistic accounts of immigration-driven, digital prosperity and pessimistic accounts of the shrinking role of domestic innovators. Second, it offers a framework for understanding the relationship between innovation and inequality that includes both the potentially inequality-increasing impacts of innovation and the potentially inequality-decreasing impacts of innovation and specifies the contribution of …

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

No abstract provided.

The Price Is (Not) Right: Mandatory Arbitration Of Claims Arising Out Of Sexual Violence Should Not Be The Price Of Earning A Living, Nicolette Sullivan

Vanderbilt Journal of Entertainment & Technology Law

As demonstrated by the #MeToo movement, current attempts to curtail systemic sexual violence in the workplace have fallen flat: approximately sixty million US workers are subject to mandatory arbitration clauses, which employers tend to bury deep within the fine print of employment contracts. These clauses, often coupled with confidentiality agreements, have provided offenders--and their employers--with a mechanism to escape liability and public scrutiny. Under the existing judicial framework, whether a court will allow victims of workplace sexual violence to escape binding arbitration remains unclear. Congress attempted to address this uncertainty by proposing the Ending Forced Arbitration of Sexual Harassment Act …

Adminization: Gatekeeping Consumer Contracts, Yonathan A. Arbel

Articles

Large companies and debt collectors frequently file unmeritorious claims against consumers Recent highprofile actions brought by the Consumer Financial Protection Bureau "CFPB" against JP Morgan Citibank and large debt collectors illustrate the breadth and importance of this phenomenon Due to the limited financial power of individuals consumers often do not defend against such baseless claims which results in the entry of millions of default judgments every year To combat this problem policymakers and scholars have explored a variety of courtbased solutions that would make it easier for consumers to defend in court but these prove ineffectualTo solve the problem of …

§5.22 Crime-Fraud Exception, Christopher B. Mueller, Laird Kirkpatrick, Liesa Richter

GW Law Faculty Publications & Other Works

This article addresses the crime-fraud exception to the attorney-client privilege. It discusses the two-part test recognized by most courts. It also discusses the difficult issues of determining the intent of the client in consulting the lawyer and the line between past and ongoing criminal conduct. It concludes by addressing the proof necessary to claim the crime-fraud exception.

§5.19 Client Identity; Fee Arrangements, Christopher B. Mueller, Laird Kirkpatrick, Liesa Richter

GW Law Faculty Publications & Other Works

This article addresses the question of whether the attorney-client privilege covers the identity of the client and fee arrangements with the client. It discusses five recurring patterns where this issue arises and the holdings of courts in those situations.

§5.12 Communication, Christopher B. Mueller, Laird Kirkpatrick, Liesa Richter

GW Law Faculty Publications & Other Works

This article addresses what is a “communication” for purposes of the attorney-client privilege. It notes that observations, as distinguished from communications, are generally not privileged, but that when observations are a form of confidential communication they are privileged. The article discusses the trend toward a two-way privilege that covers communications from the lawyer to the client as well as from the client to the lawyer.

Beyond The Guild: Lawyer Organizations And Law Making, Leslie Levin

Faculty Articles and Papers

Lawyers throughout the world seek to influence law, not only through their individual actions, but also through lawyer organizations. As interest groups, these organizations often work to affect not only law, but also the justice system and the workings of government. It is no secret that these organizations sometimes try to block legal change or create new legal rules to promote lawyers' own interests.' Lawyer organizations also work to influence law in ways that will benefit their clients. Yet sometimes lawyers' collective actions reflect broader political concerns rather than their clients' or their own self-interest, such as when thousands of …

The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean

Fordham Journal of Corporate & Financial Law

No abstract provided.

Development Of A Monitoring And Impact Evaluation Plan A Case Study On The Refugee Services Program Of Islamic Relief Usa, Ahmad Tariq Momeni

Capstone Collection

This Course Linked Capstone (CLC) paper is focused on the development of a monitoring and impact evaluation (M&IE) plan for a program of Islamic Relief USA (IRUSA). The program is titled IRUSA Refugee Service (IRRS). My analysis was based on M&E best practices laid out in a prominent textbook, RealWorld Evaluation, by Bamberger, M., Rugh, J., & Mabry, L. (2011). After initial analysis, I realized the program lacks a logical framework, a logic model, and an M&IE plan. I developed these components for the program. In addition, I navigated the monitoring and evaluation (M&E) constraints of the IRUSA, and the …

Assessment Of Professional Values In Experiential Education In Law: Becoming Who We Are Through Practice, John Erbes, Rebecca J. O'Neill

NYLS Law Review

No abstract provided.

The Efficacy Of A 6-Week Evidence-Based Support Group For Caregivers Of Dementia In A Primary Care Setting, Mona Shah

Electronic Theses and Dissertations

More than 16 million Americans provide unpaid care for those with Alzheimer's disease and other dementias. Extant literature has well documented the increased risk for physical, emotional, social and financial burden associated with caregiving. While intensive support groups may be well-suited to caregiver needs, they are often difficult to implement given financial, personnel and resource constraints. Thus, the purpose of this study is to examine the efficacy of a theoretically-based, 6-week caregiver support group in a community primary care setting. The group focuses on self-care, behavior management techniques and interdisciplinary caregiver resources. A total of 22 participants completed the active …

Unmarked? Criminal Record Clearing And Employment Outcomes, Jeffrey Selbin, Justin Mccrary, Joshua Epstein

Journal of Criminal Law and Criminology

An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively lowlevel misdemeanors. In an era of heightened security concerns, easily available data, and increased criminal background checks, these records act as a substantial barrier to gainful employment and other opportunities. Harvard sociologist Devah Pager describes people with criminal records as “marked” with a negative job credential. In response to this problem, lawyers have launched unmarking programs to help people take advantage of legal record clearing remedies. We studied a random sample of participants in one such …

Department Of English Newsletter, Winter 2017-2018, Illinois State University, Department Of English

Department of English Newsletter

Newsletter of the Illinois State University Department of English

Solitary Confinement Reform Act: A Blueprint For Restricted Use Of Solitary Confinement Of Juveniles Across The States, Brielle Basso

Seton Hall Law Review

No abstract provided.

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.

Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger

Mitchell Hamline Law Review

No abstract provided.

A Bridge Over Troubled Waters: The High-Skilled Worker Rule And Its Impact On Employment-Based Immigration, Robert D. Aronson, Debra A. Schneider

Mitchell Hamline Law Review

No abstract provided.

Fostering Client Altruism And The Common Good In The Practice Of Law: Learning From Emerging Movements In Business And Economics, Ann Juergens, Diane Galatowitsch

Mitchell Hamline Law Review

No abstract provided.

The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart

Mitchell Hamline Law Review

No abstract provided.

An Invitation To Explore Online Legal Education And Strategically Realign Legal Education, Alison Becker, Carrie Lloyd

Mitchell Hamline Law Review

No abstract provided.

Celebrating 20 Years Of Race-Related Research Through The Center For The Study Of Race And Race Relations, Center For The Study Of Race & Race Relations

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.