Digital Commons Network^™

Teaching Law Practice Management In A Transactional Clinic Using Student-Led Projects, Christopher D. Heard

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy

Dickinson Law Review (2017-Present)

This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …

Innovation Diffusion In The Legal Industry, William D. Henderson

Dickinson Law Review (2017-Present)

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an “innovation diffusion curve” and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research …

Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu

Scholarly Publications

Increasing concern about economic inequality has coincided with an unsettling ascendancy of some large, technologically integrated “super-firms,” which have grabbed large market shares in multiple markets, and cast doubt upon the future viability of a wide range of businesses, many of which have been important local and regional employers. It is thus unsurprising that these two trends have knocked together in public discourse, and that antitrust law been proposed as one way of helping to remedy economic inequality. This essay notes that antitrust law is generally a poor fit for reducing economic inequality, but one aspect is worthy of note: …

Changing The Dialogue On Access To Justice, Jonathan Lippman

University of Colorado Law Review

No abstract provided.

Player 3 Has Entered The Game: Arbitration Comes To The Esports Industry, Ryan Boonstra

Arbitration Law Review (2009 - Present)

No abstract provided.

Sustainability Strategies For Small Business Survival Beyond 5 Years, Tanesha Lynett Ford

Walden Dissertations and Doctoral Studies

Owners of small retail businesses who fail to implement adequate managerial strategies experience reduced profits and sustainability challenges. Small businesses account for 85.3% of the market, and 66% of small businesses fail within the first 5 years due to low sales and personnel issues. The purpose of this multiple case study was to explore the managerial strategies that owners of successful small retail businesses implemented to sustain their operations for longer than the first 5 years. The population for the study included owners of 3 small retail businesses in the southeastern region of the United States, who successfully implemented managerial …

Fertilizers And Nitrates In Drinking Water: State Water Board Tackles The Public Health Threat Of Contaminated Groundwater, Emel G. Wadhwani

UC Law Environmental Journal

No abstract provided.

Bringing Counsel In From The Cold: Reconciling Ethical Rules With The Quagmire Of Insurance Defense Practice, Joseph Regalia, V. Andrew Cass

Scholarly Works

Our case study is an ethical dilemma faced by insurance defense attorneys daily. An attorney is hired by Insurance Company A to defend an insured who is in a lawsuit over a car accident. Insurance Company A is one of the attorney's best clients, from whom he receives a steady stream of cases. Our attorney's investigation reveals good news-another driver not yet a party to the lawsuit may have contributed to the accident. This revelation has the potential to shift the blame, and all or part of the financial responsibility, onto the shoulders of the new potential party and his …

The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer

Other Publications

No abstract provided.

Mini-Law School: Civic Education Making A Difference In The Community, Pat Newcombe, Beth Cohen

Faculty Scholarship

Western New England’s Mini-Law School Program increases civic engagement and awareness and provides opportunities for law schools and educators to help non-lawyers better understand the legal system. This article will discuss the Mini-Law School Program, a creative and extremely successful five-week community outreach program focused on demystifying the law. Our society is in dire need of greater civic education. Public policy surveys consistently reveal disturbing statistics about the public’s lack of civic awareness (e.g., 15 percent of the public knew that John Roberts is Chief Justice of the Supreme Court, but 66 percent could name an American Idol judge; 70 …

Bankruptcy Law—Rethinking The Discharge Of Late Filed Taxes In Consumer Bankruptcy, Justin H. Dion, Barbara Curatolo

Faculty Scholarship

The 2005 amendments to the Bankruptcy Code, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted in order to improve bankruptcy law. However, BAPCPA has made the issue of whether late-filed taxes are dischargeable even murkier than before the amendments. After BAPCPA, some courts continued to analyze claims as they had before the amendment. Others used a “one-day-late rule” that prevented late-filed taxes from being dischargeable—even if the taxes were filed only one day late. This Article suggests a different approach. It argues that the legislature intended tax debt associated with late-filed income tax returns be dischargeable if the …

Maine Law Magazine - Issue No. 94, University Of Maine School Of Law

Maine Law Magazine

• PLUS Program
  Introducing diverse voices to legal careers
• Clerkships
  The Class of 2018 enjoys a stellar clerkship year
• Rural Law
  Tackling Maine's rural law crisis
• Journey to Laredo
  Students provide legal aid to immigrants
• Alumni at Work
  Graduates make their marks as entrepreneurs
• Student Spotlight
  Nicholas Mazuroski 2L and Julia Teitel 3L

Regulating Fake Assistance Animals: A Comparative Review Of Disability Law In Australia And The United States, Paul Harpur, Simon Bronitt, Peter Billings, Martie-Louise Verreynne, Nancy Pachana

Animal Law Review

The United Nations Convention on the Rights of Persons with Disabilities [CRPD] provides that persons with a disability have the right to be accompanied by an assistance animal to provide living accommodations in the navigation of routine daily activities. The CRPD imposes upon states an obligation to identify and to eliminate obstacles and barriers to accessibility (Art 9), as well as to take effective measures to ensure personal mobility with the greatest possible independence (Art 20). This extends to recognising the rights of persons with disabilities to be accompanied by assistance animals. In jurisdictions like Australia and the United States, …

Examining Value, Measuring Engagement: A National Study Of The Long-Term Outcomes Of A Law Degree, Accesslex Institute, Gallup

Commissioned Research

By 2019, over 3 million Americans will be enrolled in a graduate program. This is an important and difficult choice for most students, given the time, money and uncertain job prospects associated with advanced degrees. The decision to attend law school is particularly challenging, as student loan burden and job market competitiveness have increased significantly since the end of the Great Recession. Furthermore, as noted by the National Task Force on Lawyer Well-Being, the legal profession is “at a crossroads” caused by a dwindling market share, waning public confidence and mental health issues among lawyers. These challenges call for a …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Hannah Haksgaard, Lisa Pruitt, Danielle Conway, Michele Statz, Lauren Sudeall, Amanda Kool

Faculty Publications

No abstract provided.

Independence Without Accountability: The Harmful Consequences Of Eu Policy Toward Central And Eastern European Entrants, James E. Moliterno, Lucia Berdisová, Peter Čuroš, Ján Mazúr

Fordham International Law Journal

No abstract provided.

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Health Matrix: The Journal of Law-Medicine

The article discusses how bioethics education integrates ideas from ethics, law, science, and public policy with the goal of solving problems associated with the delivery of medical care. Topics discussed include Torts and various health law courses; American legal education's multi-tiered approach to teach students about law; and role of empathy and humility in the teaching and practice of law.

Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump

Law Student Publications

This comment explores ways in which racial bias undermines the American jury system and argues that simply having a racial bias exception to the no-impeachment rule does not go far enough to guard against racially motivated jury verdicts. In order to guarantee the Sixth Amendment right to an impartial jury, defendants must always be able to question potential jurors about racial bias, and universal court policies need to be adopted across the country that allow for a consistent approach for investigating claims of racial bias in jury deliberations. Part I of this comment examines the history of American juries and …

Self-Representation, Access To Justice, And The Quality Of Counsel: A Comment On Rabeea Assy’S Injustice In Person: The Right Of Self-Representation, David Luban

Georgetown Law Faculty Publications and Other Works

Rabeea Assy’s Injustice in Person: The Right of Self-Representation (Oxford University Press) offers a powerful argument against the right of self-representation in civil cases. Selfrepresentation is usually ineffective for the self-represented litigant, sometimes verging on suicidal, and it is inefficient for the courts, which have to deal with litigants who don’t know procedure, violate rules, and waste time with pointless and sometimes incoherent arguments. Furthermore, pro se litigants not only waste the court’s time, they waste their adversaries’ time and money, and impose opportunity costs on other litigants by clogging up the courts – so an unlimited right of self-representation …

Curing The Cost Disease: Legal Education, Legal Services, And The Role Of Income-Contingent Loans, John R. Brooks

Georgetown Law Faculty Publications and Other Works

The costs of both legal education and legal services have been rising steadily for decades. This is because they share a common root: the constant above-inflation growth in the cost of labor-intensive goods and services known as the “cost disease.” The cost disease story roots cost growth not in market failure or bureaucratic waste, but in natural, even healthy, economic forces—productivity and wage growth. Because the source of this cost growth is productivity growth, the nature of the cost disease is such that an economy as a whole can afford these rising costs. But in a world of deep income …

Mental Health Interventions For Homeless Young Children Through An Attachment Theory Lens : A Review And Analysis Of The Literature, Kimberly Mckittrick

Theses, Dissertations, and Projects

This thesis is a review and analysis of the literature on mental health interventions that may be effective for treating homeless young children living in emergency shelters or transitional housing. It begins with a discussion of family homelessness in the United States, and continues with a review of the literature on relationships among maternal mental health, children’s mental health, and homelessness. While homelessness is associated with increased maternal mental illness, the association between homelessness and children’s wellbeing appears to be mediated by the mother-child attachment relationship. Therefore, a discussion of attachment theory, attachment in homeless and impoverished children, and the …

Defining Attorney-Client Privilege For The Independent Contractor: A Case For The Functional Equivalent Doctrine In Washington, Benjamin J. Robbins

Washington Law Review Online

Corporations increasingly rely on independent contractors to fulfill basic organizational needs. This increased reliance has created a number of legal issues, one of which is the level of privilege extended to communications between contractors and legal counsel for the contracting corporation. This issue is particularly relevant for corporations in the “gig economy,” like Uber, Lyft, and Postmates, which rely on independent contractors for fundamental business functions. Washington State courts have yet to decide whether independent contractors are entitled to attorney-client privilege regarding these conversations. Generally, Washington courts follow the U.S. Supreme Court’s “Upjohn rule,” which protects communications between corporate counsel …

Book Review: Legal Scholarship In Japan, Daniel H. Foote

Book Reviews

No abstract provided.

The Paradoxes Of Law Reform Litigation, Dean Hill Rivkin

The Journal of Law and Education

No abstract provided.

Annual Report 2016-2017, Tennessee. Department Of Labor & Workforce Development.

Annual Report

No abstract provided.

Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, Anna Carpenter

Faculty Articles

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet. Though we have these laudable teaching and service goals — and a vast literature describing the role of clinics in both the teaching and service dimensions — we have …

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.

The Terror Experts: Discourse, Discipline, And The Production Of Terrorist Subjects At A University Research Center, Liam Christopher Mclean

Honors Papers

This thesis examines the production and circulation of discourses related to (counter)terrorism at a university-affiliated terrorism and security studies research center in eastern Massachusetts. Drawing on participant observation, documentary analysis, and interviews with faculty and students at the research center, I suggest that expert discourses of (counter)terrorism at the center traffic in an archetypal construction of the terrorist that I call the “depoliticized radical.” This construction locates the root of terrorism in individual morality and psychology, tending to abstract the terrorist from the political conditions in which they enact violence. I further propose that the depoliticized radical functions as a …

Forty-Eighth Annual Hooding Of Candidates For The Degree Of Juris Doctor And Advanced Degrees, Southern Methodist University Dedman School Of Law

Law School Commencement / Hooding Programs, 1942-present

No abstract provided.