Digital Commons Network^™

The Corporate Governance Officer As A Transformed Role Of The Company Secretary: An International Comparison, Joseph Lee

South Carolina Journal of International Law and Business

No abstract provided.

Procedure Deficits In Protection For Immigrant Children In The United States, Lenni Benson, Claire R. Thomas

Articles & Chapters

In theory, United States immigration statutes offer many forms of protection and integration to foreign national youth. In practice, however, the ability of young people to access relevant special visa categories is frustrated by process barriers and the lack of adequate information and skilled counsel. Under US law, migrant children may seek protection as refugees; they may qualify for permanent residence if they have been abandoned, abused or neglected by a parent; they may be protected if victims of crimes or trafficking. In this chapter, we explore whether US domestic legal systems protect children’s procedural rights. We note at the …

Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna

Articles & Chapters

his essay is a call to action for transactional lawyers looking to support vulnerable immigrants through non-litigation means. By providing a snapshot of an especially precarious time in history for immigrants in the U.S.—the period immediately after the 2016 presidential election—the essay illustrates future areas of opportunity for transactional attorneys.

Faculty Pages, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Car Insurance Rate-Making With An Eye Toward The Future, Stephen Howard

Williams Honors College, Honors Research Projects

For my project, I investigated car insurance rate-making. I took an in-depth look at the car insurance industry. I also studied driverless cars, and the expected timeline surrounding them. I also took a look at how driverless cars are expected to change the car insurance industry in the coming decades. In general, what I found did not surprise me. I did, however, glean insight from various opinions that I read about how the insurance industry is likely to change. Change of some sort in the car insurance industry is sure to come, with companies likely to become much more multi-faceted. …

Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz

Articles

No abstract provided.

Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter

Articles

No abstract provided.

“Say What?”—Using Interpreters On Children’S Cases, Jennifer Baum

Faculty Publications

(Excerpt)

Much attention has been paid over the years to training lawyers on best practices for representing children, but scant attention has been paid to the proper representation of non-English speaking children. However, recent changes to the United States’ immigration policy and practice have thrust this extra-vulnerable client population into the legal spotlight, and children’s lawyers are increasingly being called upon to provide legal services to clients who require translation or interpretation.

While both terms are often used interchangeably, “translation” refers to the conversion of written materials from one language to another while “interpretation” means the conversion of speech from …

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Articles & Chapters

No abstract provided.

Simplicity As Justice, Kathryn A. Sabbeth

Faculty Publications

Simplification of the legal system has attracted attention as a means of improving access to justice. A major motivation driving reform is the perception that pro se litigants have flooded the courts and begun clogging up the wheels of justice. Ordinary people do not know rules of procedure, evidence, or substantive law; do not handle their cases effectively or efficiently; and have, the argument goes, generated a “pro se crisis.” A number of states and localities have responded by increasing the availability of legal services, funding programs that offer solutions ranging from limited assistance to full representation, and a few …

Ethical Issues For Business Lawyers Under The United Nations Guiding Principles, Steven M. Richman

The International Lawyer

No abstract provided.

In Defense Of The Billable Hour: A Monitoring Theory Of Law Firm Fees, Jonathan H. Choi

South Carolina Law Review

No abstract provided.

Office Of Criminal Justice Programs Annual Report Fy 2016/2017, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Union Co-Ops And The Revival Of Labor Law, Ariana R. Levinson

Cardozo Journal of Conflict Resolution

This article, as the first to identify and suggest solutions for the numerous labor law issues that must be addressed when establishing a union co-op, contributes to the existing literature on workerownership and cooperative economics. This article proceeds in four sections. The first section provides background about what union co-ops are, why unionization makes sense in the co-op setting, and the initiative to scale up union cooperatives. The second section, drawing on original interview data, provides background about the Cincinnati Union Co-op Initiative and Our Harvest, the first union worker-owned co-op that the Cincinnati Union Co-op Initiative incubated. The third …

Selling Attorney's Fees, Anthony J. Sebok

Articles

Attorneys in the United States are under increasing pressure to change and adopt practices commonly found in the world of finance and business. Over the past thirty years, the bar and legal academics have debated what to do; the focus of this debate has been whether to change Model Rule of Professional Conduct 5.4 to allow partnerships between attorneys and nonlawyers or partnerships owned by nonlawyer shareholders.

One of the reasons attorneys are debating changes to Rule 5.4 is that the practice of law depends on capital, and the old methods for raising capital are no longer sufficient. Rather than …

The “Rainmaker Film” – A Window To View Lawyers And Professional Responsibility, John P. Sahl

Akron Law Faculty Publications

This article utilizes the 1997 film The Rainmaker, adapted from John Grisham's novel, as a pedagogical tool to examine the ethical challenges and professional responsibilities faced by lawyers. Through the journey of Rudy Baylor, a newly minted law graduate navigating the complexities of legal practice, the film presents scenarios that highlight issues such as client solicitation, competence, conflicts of interest, and the tension between legal ethics and personal morality. The author discusses how these cinematic portrayals can be leveraged in legal education to foster critical discussions about the ethical dimensions of lawyering and to bridge the gap between theoretical instruction …

Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick

Faculty Scholarship

No abstract provided.

Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins

Faculty Scholarship

No abstract provided.

"I'M Used To Doing It By Myself": Exploring Self-Reliance In Pregnancy, Blair Mcnamara

Yale Medicine Thesis Digital Library

The goal of this thesis is to characterize self-reliance during pregnancy as described by a diverse urban cohort of women. We report on qualitative findings from a study conducted to explore the impact of a new pregnancy on women's lives based in New Haven, CT from June 2014 to June 2015. Each participant completed an enrollment survey and an in-depth semi-structured interview about intentions, thoughts, and feelings about her new pregnancy. We used framework analysis to identify concepts from our data and to assess thematic relationships. Eighty-four English-speaking women completed qualitative interviews. Participants averaged 26 years of age, and their …

Taxing Litigation: Federal Tax Concerns Of Personal Injury Plaintiffs And Their Lawyers, Gregg Polsky

Scholarly Works

This Article addresses the federal tax concerns ofpersonal injury plaintiffs and the lawyers who represent them, typically on a contingencyfee basis. It explains when plaintiffs' recoveries are taxable for income and employment tax purposes and whether and how those recoveries are required to be reported by defendants to the IRS. It also discusses whether attorney's fees and costs are deductible by plaintiffs.

In addition to these tax planning and compliance issues, the Article also considers when tax evidence might be admissible. Plaintiffs and defendants often try to introduce tax evidence in an effort to increase or decrease, respectively, the amount …

Sws Distinguished Feminist Lecture: Feminist Politcal Economy In A Globalized World: African Women Migrants In South Africa And The United States, Mary J. Osirim

Sociology Faculty Research and Scholarship

Based on research conducted over the past two decades, this lecture examines how the feminist political economy perspective can aid us in understanding the experiences of two populations of African women: Zimbabwean women cross-border traders in South Africa and African immigrant women in the northeastern United States. Feminist political economy compels us to explore the impact of the current phase of globalization as well as the roles of intersectionality and agency in the lives of African women. This research stems from fieldwork conducted in Harare and Bulawayo, Zimbabwe and Johannesburg and Cape Town, South Africa, as well as in metropolitan …

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Faculty Scholarship

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.

The bulk of the detained population consisted of men (79%) and individuals from Mexico, El Salvador, Guatemala, …

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

Faculty Scholarship

This essay considers the role of empathy and humility in the professional practices of physicians and lawyers and in those who prepare students for these professions. Beginning with an overview of the goals and methods of legal education, it compares similar goals in medical education and the value of practicing law (and medicine) with empathy and humility. The essay then describes exercises used in the law school classroom designed both to teach law students about end-of-life law and also to allow them to practice counseling clients. Through these exercises, law students can experience firsthand the challenges of advising a client …

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

Faculty Scholarship

An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively low-level 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 …

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

Scholarship@WashULaw

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 …

Foreword: Building On Smith's Legacy, Ashley H. Campbell

Campbell Law Review

No abstract provided.

Reginald Heber Smith And Justice And The Poor In The 21st Century, John M.A. Dipippa

Campbell Law Review

Reginald Heber Smith's 1919 book, Justice and the Poor, is one of the most important books about the legal profession in history. It found that people without money were denied access to the courts. Smith argued that this failure to provide equal justice undermined the social fabric of the nation. Accordingly, he urged a number of actions, including simplifying court procedures, creating small claims courts, and providing the poor with access to lawyers. These lawyers would deliver a full range of legal services to their clients, including seeking reform of the substantive laws that burdened the poor. Smith's book shamed …

Article 31(B), Tempia-Miranda, And The Military Defendant, Shannon Gurwitch

Campbell Law Review

When military servicemembers in North Carolina who are suspected of a crime make inculpatory statements to their military superiors, and are tried in a military tribunal, they are both statutorily and constitutionally protected against the dangers of involuntary self-incrimination resulting from the military's inherently coercive atmosphere. When those same servicemembers make incriminating statements to military superiors who are not commissioned officers and are later tried in a North Carolina Criminal Court, they are left vulnerable by North Carolina's rule that assigns law enforcement equivalency only to commissioned officers with the authority to order servicemembers into arrest or confinement under military …

After All The Dreaming: On Student Leadership In The Montana University System, Chase Greenfield

Undergraduate Theses, Professional Papers, and Capstone Artifacts

An administrative history of Student Regent Chase Greenfield's term on the Board of Regents in the Montana University System. Surveys the academic year of 2017/2018, covering topics such as:

• Appointment to the Board of Regents
• Board of Regents meetings and calls
• Touring the campuses of the Montana University System
• Actions of the Montana Associated Students
• The Special Session of the Montana State Legislature
• The hiring of the 18th President of the University of Montana
• A system fee task force
• Other communications between regents and the Office of the Commissioner of Higher Education (OCHE).

Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen

Scholarly Articles in Law Reviews & Journals

The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …