Digital Commons Network^™

Who's Pretending To Care For Him? How The Endless Jail-To-Hospital-To-Street-Repeat Cycle Deprives Persons With Mental Disabilities The Right To Continuity Of Care, Naomi Weinstein, Michael L. Perlin

Articles & Chapters

There is a well-documented “shuttle process” by which individuals committed to psychiatric institutions (having been charged with minor “nuisance”-type criminal offenses) are often stabilized, returned to jail to await trial, and then returned to the hospital following relapse. This shuttling or cycling is bad for many reasons, not least of which is the way that it deprives the cohort of individuals at risk from any meaningful continuity of care. Continuity of care is crucial in order to reduce the rate of incarceration and institutionalization for persons with mental illness. Without this continuity, it is far less likely that any therapeutic …

On Desolation Row: The Blurring Of The Borders Between Civil And Criminal Mental Disability Law, And What It Means To All Of Us, Michael L. Perlin, Deborah Dorfman, Naomi Weinstein

Articles & Chapters

One of the great tensions of mental disability law is the unresolved, trompe d’oeil question of whether it is a subset of the civil law, of the criminal law, or something entirely different. The resolution of this question is not an exercise in formalism or pigeonholing, but is critical to an understanding of the future direction of mental disability law, the deeper meaning of US Supreme Court cases and important state legislative initiatives, and the whole array of hidden issues and agendas that lurk under the surface of mental disability law-decision making. As mental disability law has matured, a dual …

Genius Loci: How Place Can Guide Strategic Planning That Enhances Student Engagement, Valerie K. Couch, Anthony W. Crowell, Rachel A. Van Cleave

Articles & Chapters

No abstract provided.

Therapists' Experiences Of Domestic Violence Among African American Lesbians, Barbara Camille Bryant

Walden Dissertations and Doctoral Studies

Historically, African American lesbians (AALs) experiencing intimate partner violence (IPV) have received little or no support from therapists due to stigmas concerning the same-sex relationships of AALs in particular, who have been racially marginalized. The purpose of this study was to explore the experiences, attitudes, and perceptions of therapists who provide counseling for AALs who have experienced IPV. The findings of this study may help to better understand the challenges, perceptions, and attitudes of therapists regarding their experiences in working with AALs in domestic violent relationships because existing research was limited on mental health therapists' perceptions of working with AALs …

Haitian Votes Matter: Haitian Immigrants In Florida In Local Politics And Government, Bobb Rousseau

Walden Dissertations and Doctoral Studies

This qualitative study investigated perceived barriers to the incorporation of Haitian immigrants in Florida into local politics and government. The theoretical framework for this study was Marschall and Mikulska's theory of minority political incorporation to better understand the political ambition of Haitian immigrants to emerge as candidates and voters toward achieving electoral success and a substantive representation. The research question addressed the lived experiences and perceptions of Haitian immigrants related to barriers to their political mobilization at district, state, and federal levels. A phenomenological study design was used with open-ended interviews of 10 Haitian Americans who lived in Florida for …

About The Authors

Seattle Journal for Social Justice

No abstract provided.

The Fundamentals Of Accounting: A Series Of Case Reports, Thomas W. Kemp

Honors Theses

I researched popular topics covering all aspects of Accountancy through a series of case reports. Each case report was different and provided a different focus. It begins with a case covering a full financial analysis of two similar companies, with my opinion of which was a better investment with an explanation. This case is broad, and focuses on different aspects of financial statements. It continues with a case devoted to income statement presentations with the Financial Accounting Standards Board (FASB) Codification serving as the basis of reasoning. I then delve into a case involving a chocolate manufacturer. I record journal …

Studying The “New” Civil Judges, Jessica K. Steinberg, Anne E. Carpenter, Colleen Shanahan, Alyx Mark

GW Law Faculty Publications & Other Works

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 …

Law School Clinics And The Untapped Potential Of The Court Watch, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

This is a time of enormous creativity and innovation in civil access to justice. It is now widely recognized that scarcity is reality in the provision of legal services and that overburdened and technologically retrograde courts are struggling to meet the demands of case processing in a fair and efficient manner. Accompanying the proliferation of various interventions is a growing call for empirical research on civil access to justice. Recently, the idea that law school clinics might serve as sites or architects of a civil justice research agenda has been advanced.

Building on these proposals, this Article suggests that “court …

Parole Practice Manual For The District Of Columbia, Jessica K. Steinberg, Kathryn Ramsey

GW Law Faculty Publications & Other Works

"Authored by Professors Jessica Steinberg and Katy Ramsey, the Parole Practice Manual for the District of Columbia is the first and only comprehensive primer on parole practice for D.C. residents. The manual is intended to assist incarcerated individuals in securing their freedom and is available to download for free. Questions regarding the Manual should be directed to Jessica Steinberg, Associate Professor of Clinical Law and Director of GW's Prisoner & Reentry Clinic."

Mindful Lawyering: The Key To Creative Problem Solving, Kathleen Elliott Vinson, Samantha A. Moppett, Shailini Jandial George

Suffolk University Law School Faculty Works

Mindful Lawyering introduces students to creative problem solving and mindfulness in the context of law school and beyond, presenting checklists, scenarios, and hypotheticals that invite student engagement. The Table of Contents, Introduction, and Chapter One are available to download here.

The Politics Of Immigrant Rights: Between Political Geography And Transnational Interventions, Deborah M. Weissman

Faculty Publications

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

Faculty and Staff Scholarship

In recent years, parties to mergers and other transformational transactions have begun inserting into their deal documents provisions allocating post-transaction control of the attorney-client privilege for pretransaction communications. The controller of the privilege is the person or entity who decides whether to assert the privilege or, rather, to waive it. Commonly, representatives of the target entity in a merger or representatives of an asset seller in a transformational sale want post-transaction control of the privilege for pre-transaction communications relating to the transaction. They want control of the privilege so the surviving entity cannot access or use those communications against the …

If We Build It, They Might Come: Bridging The Implementation Gap Between Adr Services And Separating And Divorcing Families, Andrew Shepard, Marsha Kline Pruett, Rebecca Love Kourlis

Hofstra Law Faculty Scholarship

No abstract provided.

Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, Andrew Davies

Hofstra Law Faculty Scholarship

Empirical research on public defense is a new and rapidly growing field in which the quality of attorney-client communication is emerging as a top priority. For decades, law has lagged behind medicine and other professions in the empirical study of effective communication. The few studies of attorney-client communication focus mainly on civil cases. They also tend to rely on role-playing by non-lawyers or on post hoc inquiries about past experiences. Direct observation by researchers of real-time defendant-defender communication offers advantages over those approaches, but injecting researchers into the attorney-client dyad is in tension with legal and ethical precepts that protect …

Towards A Jurisprudence (And Pedagogy) Of Access: A Reflection On 25 Years Of The Public Interest Practicum, Alex Scherr, Elizabeth M. Grant, Graham Goldberg

Scholarly Works

The Public Interest Practicum (PIP), a course at the University of Georgia School of Law, fosters awareness among law students of the demand for access to justice. For more than 25 years, PIP has served many purposes: to explore a street level jurisprudence; to challenge students’ professional identities; to generate new models of clinical legal education; to inculcate the habit of public service; and to help individuals with legal problems. Through its many iterations, PIP has consistently exposed future lawyers to ways of helping those in need. This reflection traces the history of PIP as a course, contextualizes it within …

Emotional Directives Of Legal Status Changes: A Study On Immigration Status Grants, Perla Galindo

Open Access Theses & Dissertations

Judicial decision making has provided new frameworks to examine the effects of extra-legal factors. Yet, immigration courts have not received much scholarly attention. This Thesis examines the conditions under which non-citizen applicants likely to receive successful immigration status change. In particular, I analyze the effects of sympathy on the decision making of immigration court judges. Using a convenience sample of the El Paso Area, I evaluate immigrant applications for status changes to identify which factors illicit sympathetic and thus more likely to receive their status change requests. I find that younger applicants and Deferred Action of Childhood Arrivals (DACA) applicants …

Women Of Color And Health: Issues And Solutions, June Cross, Nia Weeks, Kristen Underhill, Chloe Bootstaylor

Faculty Scholarship

Chloe Bootstaylor: Welcome to our second panel. This panel focuses on women of color in health, issues, and solutions. The session is inspired by Professor June Cross of the Columbia School of Journalism and her recent film, Wilhemina’s War, which follows the story of Wilhemina Dixon and depicts the obstacles that Americans with HIV/AIDS face in accessing not only adequate healthcare but also financial, infrastructural, and social support in their communities.

This panel will consist of Professor Underhill and Nia Weeks. June Cross will join us a little later on. We will start with a clip from her film, …

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin

Faculty Scholarship

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout …

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

Faculty Scholarship

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 …

Publicly Funded Objectors, Elizabeth Chamblee Burch

Scholarly Works

On paper, class actions run like clockwork. But practice suggests the need for tune-ups: sometimes judges still approve settlements rife with red flags, and professional objectors may be more concerned with shaking down class counsel than with improving class members’ outcomes. The lack of data on the number of opt-outs, objectors, and claims rates fuels debates on both sides, for little is known about how well or poorly class members actually fare. This reveals a ubiquitous problem — information barriers confront judges, objectors, and even reformers. Rule 23’s answer is to empower objectors. At best, objectors are a partial fix. …

Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier

Scholarly Works

No abstract provided.

9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski, Laura Pickering

Law Library Staff Publications

No abstract provided.

Law & Entrepreneurship In Global Clinical Education, Susan Jones, Janet Thompson Jackson

GW Law Faculty Publications & Other Works

As clinical legal education (CLE) continues to evolve and prepare practice-ready lawyers, and governments worldwide focus on the multilayered impact of technology, automation and artificial intelligence, there is a pressing need to examine law and entrepreneurship through the lens of global clinical legal education. The range of issues include: corporate social responsibility, disruptive technologies, microbusiness, social entrepreneurship, social impact investing, the creative economy, sustainable local economies, cooperatives and shared work, and inclusive entrepreneurship.

Indeed, new legal entities like benefit corporations and low profit limited liability companies (L3Cs) have emerged to address contemporary legal needs and in the United States. the …

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

A Crisis Of Conscience: Miscarriages Of Justice And Indigenous Defendants In Canada

UBC Law Review

No abstract provided.

Ghosting: It’S Time To Find Uniformity On Ghostwriting, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

There is no way of knowing how many, and for how long, lawyers and nonlawyers have engaged in ghostwriting pleadings to assist pro se litigants — indigent or nonindigent. It is reasonable to assume that many lawyers and others have acted as ghostwriters in order to facilitate greater access to the court, rather than for personal gain. Despite the laudable motives of ghostwriters, ghostwriting has historically been considered an illegitimate form of unbundling legal services because of the spate of federal court opinions opposing the practice on ethical and Rule 11-violation grounds. This article addresses the current anomalous situation in …

9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

Editorial: 24th Pilgrim Father's Lecture: The Right Hon Lady Black Of Derwent Dbe, Justice Of The Supreme Court, Kim Stevenson, Gareth Addidle, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

Access To Consumer Bankruptcy, Pamela Foohey

Scholarly Works

This essay examines the state of access to justice in the context of consumer bankruptcy from two vantage points: (1) how people decide that their money problems are legal problems addressable by filing bankruptcy; and (2) the barriers people face in using the consumer bankruptcy system. To shed new light on how people decide to use bankruptcy to address their financial troubles, I analyze a sample of narratives accompanying consumers' complaints about financial products and services submitted to the Consumer Financial Protection Bureau. I also chronicle the evolution of research regarding consumer bankruptcy’s “local legal culture,” systemic racial bias, and …