Digital Commons Network^™

Cambell Law Brief, January-February 2018

Alumni Newsletters

No abstract provided.

Adminization: Gatekeeping Consumer Contracts, Yonathan A. Arbel

Articles

Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against J.P. Morgan, Citibank, and other 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 court-based solutions that would make it easier for consumers to defend in court, but these prove ineffectual.

To solve the problem …

In Memory Of Roderick Glen Ayers, Jr. (1947–2017), Professor Of Law, St. Mary's University School Of Law, Craig A. Gargotta, William R. "Dick" Davis Jr.

St. Mary's Law Journal

On September 27, 2017, Glen Ayers, a former professor at St. Mary’s School of Law, passed away suddenly and unexpectedly. Two St. Mary's alumni—Bankruptcy Judge Craig A. Gargotta (1989) and William R. “Dick” Davis, Jr. (1983)—have provided this tribute to an icon of San Antonio’s bankruptcy bar.

2018-2019 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Collaborative Enforcement, Andrew Elmore

Articles

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal …

What Is Useful And Novel? The Collision Between Intellectual Property Protection And Regulation Regarding Medical Devices, James Sutherland

Cybaris®

No abstract provided.

Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant

Oklahoma Law Review

No abstract provided.

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

University of Richmond Law Review

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 …

Protect Our Military Children: Congress Must Rectify Jurisdiction On Military Installations To Address Juvenile-On-Juvenile Sexual Assault, George R. Lavine Iii

Wyoming Law Review

No abstract provided.

Beauty And The H-2beast: How The Equality State Fails Its Female Guest Workers, Catherine Desanto

Wyoming Law Review

No abstract provided.

Backlash Against Justice: The Ideological Attach On The University Of North Carolina Center For Civil Rights, Mark Dorosin

Journal Publications

In September 2017, the University of North Carolina's Board of Governors (BOG) adopted a policy stating that no University center or institute could: file a complaint, motion, lawsuit or other legal claim in its own name or on behalf of any individual or entity against any individual, entity, or government or otherwise act as legal counsel to any third party; or employ or engage, directly or indirectly, any individual to serve as legal counsel or representative to any party in any complaint, motion, lawsuit, or other legal claim against any individual, entity, or government or to act as legal counsel …

43 Essex Street: A Case Study In Shutting Down Tenant Harassment And Displacement With Community Organizing And Lawyering, Cynthia Cheng-Wun Weaver, Donna Chiu

City University of New York Law Review

No abstract provided.

‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene

Faculty Scholarship

We have a constitutional right against the state forcing us to be associated with expression with which we do not wish to be associated. The freedom of expressive association is not stated in our Constitution’s text. Rather, it is derived from various provisions of the First Amendment. As the freedom of speech protects, among other things, our right to shape how we present ourselves to the world, so does the freedom of expressive association protect us from the state shaping us by connecting us to ideas not of our choosing. Our freedom of expressive association allows us to claim an …

Do State Lines Make Public Health Emergencies Worse? Federal Versus State Control Of Quarantine, Polly J. Price

Emory Law Journal

This Symposium Article explores the origins and limits of the federal government¿s interstate quarantine power. In the event of a public health emergency, state and local political boundaries may generate self-interested measures that risk substantial harm to neighboring states. To more effectively stem a national epidemic and to better protect the interests of regional populations, should the federal government step in to override a state¿s protective quarantine? Neither current statutory authority nor how we have thought about it in the past prevents a greater national role. This Article shows how to expand our view of the federal government¿s interstate quarantine …

Case Ip Law, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 5, # 1

• Fusion program examines the fundamentals powering the world’s fourth industrial revolution
• IP Venture Clinic helps launch student startup aimed at increasing efficiency in aerodynamics
• Law school signs international partnership agreement with the IÉSEG School of Management in France
• Graduating 3L Aaron Childs’ paper to be published in the Virginia Sports and Entertainment Law Journal
• Great Lakes Sports & Entertainment Law Academy available online
• Patent Pro Bono Program opens new doors for Ohio inventors
• Professor Craig Nard coauthors new book, Intellectual Property and the Judiciary 
• Zahra Smith joins IP Venture Clinic as director
• Masters in Patent Practice …

Rethinking Immigration Removal Proceedings: Providing Counsel At Government Expense To Economically Beneficial Immigrants, Austin Wright

Southern Illinois University Law Journal

Demonstrated by the clear need for counsel in immigrant removal proceedings, it is evident the present system leads to inadequate legal representation.  This flawed system is inadvertently eliminating potential economic benefits the United States could derive from immigrants if they were not detained or deported. Presently, minors are deported to countries ravaged by violence, undocumented soldiers who bravely fought for our freedom are deported, and the talents of highly skilled and educated immigrants go to waste because they fear deportation while thousands more immigrants languish in detention.  Combined, these children, soldiers, and highly educated and trained immigrants have the potential …

A Framework For The New Personalization Of Law, Anthony Casey, Anthony Niblett

Public Law and Legal Theory Working Papers

Law has always strived for accurate contextualization, but only with recent technological advances in data processing and communication has this goal become meaningfully achievable at the personal level. While the other essays in this Symposium explore the costs and benefits of personalizing particular areas of law, we present a general framework for thinking about the new personalization of law. We identify two fundamental questions that every personalization project must address: First, how do lawmakers set the objective of a personalized law? Second, how is the content of a personalized law communicated to the citizens who must follow it? We explore …

Reflections On Identifying And Mapping Learning Competencies And Outcomes: What Do We Want Law Students To Learn?, Margaret Martin Barry

NYLS Law Review

No abstract provided.

The Charter School Network: The Disproportionate Discipline Of Black Students, Mikailla Carwin

City University of New York Law Review

While the charter school movement has gained traction and grown extensively throughout the United States, its disciplinary practices are controversial. The “zero-tolerance” policies used in charter schools, which include exclusionary disciplinary methods such as suspension, causes damage to the student’s self-esteem, reputation amongst their peers, academic performance, and attitude toward attending school. Studies and statistics show that charter schools disproportionately punish Black students more than any other race. This article explores: a brief history of the charter school movement and charter school law, general disciplinary practices within charter schools, and how the law allows black students in the charter school …

Legalzoom, Make Room: A La Carte Legal Services And Limited Representation Can Help Lawyers To Serve Budget-Conscius Clients, Darla Jackson

Other Faculty Publications

No abstract provided.

Remarks On Patient Privacy: Problems, Perspectives, And Opportunities, Stacey A. Tovino

Faculty Articles

No abstract provided.

A Professional Project In The South Pacific: Regionalism And Reforming Solomon Islands' Legal Profession, Francesca Bartlett

Fordham International Law Journal

No abstract provided.

The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Fordham International Law Journal

No abstract provided.

Strategies To Implement Succession Planning In A Nonprofit, Talecia Y. Parks

Walden Dissertations and Doctoral Studies

Surveys of nonprofit organizations conducted between 2004 and 2014 showed that 74% of the 6,923 leaders surveyed did not have a succession plan. In this qualitative single case study, the human capital theory was used as a guide to explore strategies used to implement a succession plan by 3 nonprofit leaders in a single nonprofit organization in a large metropolitan city in Southeastern Georgia. The participants were selected based on their implementation of succession plan strategies and geographical location. Semistructured interviews and document review were used to collect the data, which were analyzed using Yin's 5-step approach. Three themes emerged: …

Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, Alberto Bernabe

Touro Law Review

No abstract provided.

State V. Bassett, Docket No. 94556-0 (192 Wash.2d 67, 428 P.3d 343 (2018))

Summaries and Briefs for Key Washington State Constitutional Cases

No abstract provided.

Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal

UC Law Journal of Race and Economic Justice

No abstract provided.

Control Of The Attorney-Client Privilege After Mergers And Other Transformational Transactions: Should Control Of The Privilege Be Alienable By Contract?, Grace M. Giesel

Seton Hall Law Review

No abstract provided.

Aging On Nantucket: A Community Needs Assessment, Caitlin Coyle, Jan Mutchler

Center for Social and Demographic Research on Aging Publications

This report describes efforts undertaken by the Nantucket Center for Elder Affairs, Inc. (NCEA), in partnership with the Center for Social & Demographic Research on Aging within the Gerontology Institute at the University of Massachusetts Boston. The purpose of these efforts was to investigate the needs, interests, preferences, and opinions of Nantucket’s older residents. The focus of this report is on the cohort of Nantucket’s residents age 60 and older. The contents of this report are intended to inform NCEA, the Saltmarsh Senior Center, the Council on Aging, the Town of Nantucket, and organizations that provide services to older residents, …

School Staff Perceptions Of A Trauma Informed Program On Improving Knowledge, Competence, And School Climate, Elizabeth Mikolajczyk

PCOM Psychology Dissertations

This study sought to examine school staff perceptions of knowledge, competence, school climate and program effectiveness during and after participation in a trauma informed care professional development. The majority of the sample consisted of special areas (art, music, library) teachers and paraprofessionals from all district schools, which consisted of three elementary schools, one middle school and one high school in in a school district located in Southeast Pennsylvania approximately 20 miles from a major metropolitan city. Most of the participants were female. Participants completed a pretest survey and an identical survey following each phase. Questions on the survey pertained to …