Digital Commons Network^™

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

South Carolina Law Review

No abstract provided.

F18rs 2nd Legislative Week Minutes, Austin Grashoff

Student Senate Meeting Minutes

No abstract provided.

Everyday Legal Problems And The Cost Of Justice In Canada – Survey Data Report, Lisa Moore

Canadian Forum on Civil Justice

Civil and family justice problems in Canada result in financial, temporal, physical health, mental health and social costs that are often not treated with the same urgency as healthcare problems or other social problems. The “Everyday Legal Problems and the Cost of Justice in Canada” (Cost of Justice) survey, the flagship study for the Cost of Justice project, includes the first national legal problems survey in Canada (or elsewhere) to specifically ask participants about the costs of legal problems to their economic and social wellbeing. By measuring all costs related to experiencing civil and family justice problems, the Cost of …

The Osgoode Brief (Fall 2018), Osgoode Hall Law School Of York University

The Osgoode Brief

No abstract provided.

Fall 2018 Magazine

Ergo

No abstract provided.

Vol. 55, No. 07 (October 1, 2018)

Indiana Law Annotated

No abstract provided.

Youth Transitions Advisory Council Annual Report 2018, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Mission To Dismiss: A Dismissal Of Rule 12(B)(6) And The Retirement Of Twombly/Iqbal, Victor Marrero

Cardozo Law Review

No abstract provided.

Widening The Lens: Refocusing The Litigation Cost-And-Delay Narrative, Arthur R. Miller

Cardozo Law Review

No abstract provided.

The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon

Cardozo Law Review

No abstract provided.

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.”29 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 …

Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, Susan Saab Fortney

Faculty Scholarship

The shocking reports of sexual misconduct involving Larry Nassar, the former physician at Michigan State University, captured attention worldwide. More than 300 women sued alleging that the university ignored or dismissed complaints. In Congressional testimony the former president of Michigan State apologized and noted that an independent review of the university's policies revealed that they were among the most robust that the consultants had seen. This raises the question as to how sexual misconduct could have gone unaddressed for many years. The answer to this question may be found in a 2018 Consensus Report of the National Academies of Sciences, …

Controlling The High Cost Of Justice: Perspectives From The Federal Judiciary Supplement, Melanie B. Leslie, Victor Marrero, Robert A. Katzmann, Loretta A. Preska, Jed S. Rakoff, John G. Koeltl, Richard M. Berman

Cardozo Law Review

No abstract provided.

The Cost Of Rules, The Rules Of Costs, Victor Marrero

Cardozo Law Review

No abstract provided.

The Impact Of The Honour Of The Crown On The Ethical Obligations Of Government Lawyers: A Duty Of Honourable Dealing, Andrew Flavelle Martin, Candice Telfer

Dalhousie Law Journal

The honour of the Crown is recognized as a Canadian constitutional principle that is essential to reconciliation between Indigenous and non-Indigenous Canadians. As part of the process of reconciliation, this article argues that the honour of the Crown imposes a special ethical obligation on government lawyers in specific circumstances, which we call the duty of honourable dealing. We situate this duty in the divided literature and case law about whether government lawyers have special ethical obligations and in the two dimensions in which the honour of the Crown applies: the Crown as an institution and the Crown as a collection …

Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Flavelle Martin

Dalhousie Law Journal

Are government lawyers different than lawyers in private practice? If so, why does it matter? While these questions have been addressed piecemeal in the Canadian legal ethics literature, Elizabeth Sanderson's Government Lawyering: Duties and Ethical Challenges of Government Lawyers is the first comprehensive and long-form answer to them.1 As Adam Dodek hints in the foreword 2 and has noted elsewhere,3 the degree to which government lawyers have been overlooked in the Canadian legal literature is incongruent with their sheer numbers as a proportion of the legal profession in Canada. The need for this book is pronounced.

Ursinus Magazine, Fall 2018, Brock Blomberg, Ed Moorhouse, Jack Croft, Mary Lobo, Richard L. Wallace

Ursinus Magazine, 1995–Present

Breaking ground on the Commons • Levinthal photographs donated to the Berman • First Abele scholarships awarded • Fostering inclusive conversations • Paying it forward • Then and now: Marzella's Pizzeria • Getting to know: Leah Joseph • Beneath the soil • Field of streams • The modern mapmakers • Burning question: Is our relationship with nature catastrophic? • Sustainability by the numbers • Lost and found • Homecoming and Family Weekend • Class notes • In memoriam • Births • Deaths • Weddings • Alumnus chronicles life as "reckless but lucky"

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"What impresses me is that BYU Law is putting significant effort into thinking about innovation, not just for innovation's sake, but to better prepare its students for an increasingly complex and unpredictable world." – Robert Ambrogi

The Legal Monopoly, Renee Newman Knake

Washington Law Review

Lawyers enjoy an exclusive monopoly over their craft, one unlike any other profession or industry. They bar all others from offering legal representation. In most jurisdictions, lawyer-judges draft, enact, and enforce their own professional conduct rules as well as preside over any legal challenge to the rules’ validity. Lawyer regulation purports to protect the public and preserve professionalism, but it also reduces competition, constrains information, and maintains artificially high prices. Consequently, much of the American public goes without help when a lawyer is needed. Federal antitrust law typically steps in to remedy this sort of pervasive market control, promoting competition …

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom

Dickinson Law Review (2017-Present)

Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.

To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work aligns …

Of Counsel, Volume 20 | Fall 2018, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Case Global: Faculty And Students Provide Vital Assistance To Un's Investigation Of Syrian Atrocities, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 10, No. 1 (2018)

• Welcome (Dean Scharf)
• Faculty and students provide vital assistance to UN's investigation of Syrian atrocities
• Special Report: Case Western Reserve’s Contributions to International Prosecutions
• A Nobel Nomination
• Playing a Part in the Trial of the Century
• Taking on the Terrorists 9/11 (Special Report)
• Cambodia & Lebanon (Special Report)
• Combating Maritime Privacy (Special Report)
• Case Grads Employed at International Tribunals
• Former Prosecutor Teaches Law Students to Go After International Injustices
• CWRU’s Immigration Law Program leads to Exciting Career Opportunities…
• It Started with a Cox Center-Funded Internship
• Q&A with Aleksandar Cuic, Immigration Clinic Professor
• Human Rights Clinic …

Globalizing The Law Curriculum For Twenty-First-Century Lawyering, Rosa Kim

Journal of Legal Education

No abstract provided.

A Comprehensive Database Of Senior Centers In Massachusetts, Jan E. Mutchler, Ceara Somerville

Center for Social and Demographic Research on Aging Publications

This report was produced by the Center for Social and Demographic Research on Aging (CSDRA), a research unit within the Gerontology Institute at UMass Boston, in partnership with the Massachusetts Association of Councils on Aging (MCOA).

The goal of this project is to develop and distribute a comprehensive database that will contribute to successfully meeting the shared goals of MCOA and EOEA. It will facilitate clearer explanations about what COAs do, supporting more effective advocacy efforts on the part of MCOA and stronger reporting by EOEA. It will be a resource for MCOA staff, helping member COAs identify relevant models …

The Problem Of Wage Theft, Nicole Hallett

Journal Articles

Wage theft inflicts serious harm on America's working poor but has received little attention from policymakers seeking to address income inequality in the United States. This Article provides a comprehensive analysis of the causes of the wage theft crisis and the failure of the current enforcement regime to address it. It argues that existing policy reforms will fail, because they misunderstand the nature of the crisis and the incentives that employers face when deciding to steal workers' wages. It then proposes series of reforms that could work, while arguing that changing the economic calculus alone will be unlikely to solve …

Unplugging & Disconnecting: The Benefits Of A Planned Break From Technology, Darla Jackson

Other Faculty Publications

No abstract provided.

Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse

Research Reports & White Papers

In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …

Lifetime Economic Burden Of Intimate Partner Violence Among U.S. Adults, Cora Peterson, Megan C. Kearns, Wendy Likamwa Mcintosh, Lianne Fuino Estefen, Christina Nicolaidis, Kathryn E. Mccollister, Amy Gordon, Curtis Florence

School of Social Work Faculty Publications and Presentations

Introduction: This study estimated the U.S. lifetime per-victim cost and economic burden of intimate partner violence.

Methods: Data from previous studies were combined with 2012 U.S. National Intimate Partner and Sexual Violence Survey data in a mathematical model. Intimate partner violence was defined as contact sexual violence, physical violence, or stalking victimization with related impact (e.g., missed work days). Costs included attributable impaired health, lost productivity, and criminal justice costs from the societal perspective. Mean age at first victimization was assessed as 25 years. Future costs were discounted by 3%. The main outcome measures were the mean per-victim (female and …

Preparing Students For Global Practice: Developing Competencies And Providing Guidance, Theresa Kaiser-Jarvis

Journal of Legal Education

No abstract provided.