Digital Commons Network^™

A Fraction Of A Percent: A Call To Legal Service Providers To Increase Assistance To Community Nonprofits Using Biglaw Pro Bono, Rebecca Nieman

University of Arkansas at Little Rock Law Review

No abstract provided.

Working For Recovery: How The Americans With Disabilities Act And State Human Rights Laws Can Facilitiate Successful Rehabilitation For Alcoholics And Drug Addicts, Samuel Brown Petsonk, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English

Indiana Law Journal

Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the solution …

"Encroachments And Oppressions": The Corporatization Of Procedure And The Decline Of Rule Of Law, J. Maria Glover

Fordham Law Review

This Article begins by providing a brief account of the corporatization of procedure through judicial decision-making and noting some of the detrimental effects it has had on the preservation of rule of law and access to justice. Part II goes on to explore how the judiciary does not retain full control over procedure and how corporate entities have little care for whether a procedural reform simply cuts back at litigation or goes further and cuts back at judicial power and the judicial role itself. To illustrate these points, Part II examines the most recent attempt at “procedural reform” by corporate …

Artificially Intelligent Lawyers: Updating The Model Rules Of Professional Conduct In Accordance With The New Technological Era, Katherine Medianik

Cardozo Law Review

No abstract provided.

Double And Nothing: Open Government In Montana Under Article Ii, Section 9 And Section 10, Peter Michael Meloy

Montana Law Review

This article will present the author’s view that it is unnecessary to reconcile Sections 9 and 10 of Article II because the Convention delegates harmonized the two opposing rights within the text of Section 9: “No person shall be deprived of the right to examine documents or to observe the actions and deliberations of all public officials or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy exceeds the merits of public disclosure.” While the Montana Supreme Court has developed its jurisprudence governing open meetings and records by construing Section 9 …

Foreseeably Unclear: The Meaning Of The "Reasonably Foreseeable" Criterion For Access To Medical Assistance In Dying In Canada, Jocelyn Downie, Kate Scallion

Dalhousie Law Journal

Canada's medical assistance in dying legislation contains the eligibility criterion "naturaldeath has become reasonably foreseeable." The phrase "reasonably foreseeable" is unfamiliar and unclear. As a result of ongoing confusion about its meaning, there is reason to be concerned that under- or over-inclusive interpretations of the phrase are adversely affecting access to MAID. With critical interests at stake (eg access to MAiD and potential criminal liability), it is essential that the meaning of the phrase be clarified. Furthermore, the meaning of "reasonably foreseeable" will be at issue in the Charter challenges to the federal MAiD legislation currently before the courts in …

Trying And Dying: Are Some Wishes At The End Of Life Better Than Others?, Oliver J. Kim

Dalhousie Law Journal

In the United States, efforts to create a "rightto try," or to provide access for the terminally ill to try experimental drugs, have seen overwhelming success in passing state legislatures. This success provided the foundation for advocates' long-term goal of a federal right to try. Yet proposals ranging from very modest advance-care-planning consultations to the "rightto die,"or medical aid in dying, face steep political challenges despite seeming public support. This paper discusses the legal underpinnings of both "rights" and the current political and policy debate over each. More often than not, these "rights" are grantedthrough legislation rather than judicial decisions, …

Pro Se Appellants: Opportunities For Law Libraries, Liz Reppe

Dickinson Law Review (2017-Present)

This article is part of the 2018 Dickinson Law Review Symposium entitled “Access to Justice: Innovations and Challenges in Providing Assistance to Pro Se Litigants.” The author is the state law librarian for Minnesota who reports to the Minnesota Supreme Court. This article surveys various resources that Minnesota provides to unrepresented clients, including the website resources found here: https://perma.cc/R2DP-K9YB. The bulk of the article, however, focuses on Minnesota’s innovative in-person “Appeals Self-Help Clinics.” See https://perma.cc/Y2VN-H2L3.

The article’s discussion of Minnesota’s Appeals Self-Help Clinics begins by highlighting some of the factors that provided the impetus for the development …

Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully

Dickinson Law Review (2017-Present)

In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …

Utah’S Online Dispute Resolution Program, Deno Himonas

Dickinson Law Review (2017-Present)

This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”

This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review (2017-Present)

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …

Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher

Washington and Lee Law Review

Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants’ other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment—imprisonment.Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants’ other constitutional rights generally facilitate just the opposite— minimizing jeopardy by reducing charges, lessening the likelihood of …

Fogelman Focus Spring 2018

Fogelman Focus

No abstract provided.

A-I Is A G-O, Dyane O'Leary

Suffolk University Law School Faculty Works

Meet ROSS, a new junior associate. He can read over one million pages of law in a second. He knows every court in every federal circuit. He understands with ease legal research questions posed to him in plain language, and answers within seconds. He thrives on feedback from his supervisors to improve his accuracy and performance. He gets smarter with each completion of a task. And, I almost forgot: he doesn't take vacations, doesn't get tired, doesn't get frustrated, doesn't require health insurance, doesn't waste time reviewing irrelevant authority, doesn't care about work/life balance, and doesn't bill at an exorbitant …

Another Tile In The “Jurisdictional Mosaic” Of Lawyer Regulation: Modifying Admission By Motion Rules To Meet The Needs Of The 21st Century Lawyer, Abigail L. Deblasis

Northern Illinois University Law Review

Can practicing law on a less than "full-time" basis hinder a lawyer's future mobility? The answer depends on which jurisdiction you ask. A parent who is considering a reduced hours schedule for family reasons or a recent graduate whose only option is part-time work should know that these choices may impact future mobility. This Article provides an in-depth exploration of the current admission by motion rules, which are the rules that allow a lawyer who is already licensed and practicing in one jurisdiction to be admitted in another jurisdiction without having to take that jurisdiction's bar exam. These rules are …

Hls 200: A Latina's Story About The Bicentennial, Margaret E. Montoya

Faculty Scholarship

This essay sketches an arc from my childhood to being an Harvard Law School student to my academic work and professional commitments as a law professor and an alumna of Harvard Law School, working to increase access and success in the legal and medical professions for students and faculty of color. I compare aspects of legal and medical education using demographic data as well as some observations about how diverse faculty have transformed the two professions in their respective approaches to and rationales for diversifying the professions and examine the work being done by diverse faculty in law and health. …

Aquí No Hay Protestas: Activism Against Gender-Based Violence In Cuba, Jasmine Anouna , '18

Senior Theses, Projects, and Awards

This thesis examines why, despite Cuba's global preeminence in gender equality advocacy, inequality remains a deeply entrenched issue. My work focuses on one specific component of inequality, gender-based violence, and explores what is currently being done to address this injustice.

Through qualitative interviews with a variety of stakeholders, participant-observation, as well as a content analysis of literature on women's rights in Cuba, I came to realize that there is an important yet under-documented discrepancy between state-led and grassroots work regarding gender-based violence. Although state-led work, mainly through the Federation of Cuban Women (FMC), receives widespread praise in foreign and domestic …

To Dress For Dinner: Teaching Law In A Bureaucratic Age, John Henry Schlegel

Journal Articles

No abstract provided.

Beyond The Information Age: The Duty Of Technology Competence In The Algorithmic Society, Jamie J. Baker

South Carolina Law Review

No abstract provided.

When To Praise The Machine: The Promise And Perils Of Automated Transactional Drafting, William E. Foster, Andrew L. Lawson

South Carolina Law Review

No abstract provided.

The Santa Clara County Reentry Resource Center: Reentry Service Linkage And The One-Stop Shop Model, Rose Redlich

Master's Projects

AB 109 has resulted in a significantly greater need for reentry programs and services across California. Many county law enforcement officials now view reentry programs and services as a promising approach for keeping recidivism rates low.

Santa Clara County has recognized the value of well-coordinated, quick, and efficient reentry service delivery. In response to AB 109, the Office of the Sheriff and Department of Correction partnered with the Probation Department, Office of the County Executive, Behavioral Health Services Department, Custody Health Department, Ambulatory Care, and the Social Services Agency to establish the Santa Clara County Reentry Resource Center (SCCRC) in …

Family Law And The New Access To Justice, Rebecca Aviel

Fordham Law Review

This Article explores whether the optimistic prospect suggested by this experience—of reform that promotes rather than inhibits access-to-justice values—is inherently limited to family law. Does the experience with family court reform offer insights that transfer to other contexts, or is family law simply too exceptional? On the one hand, family law disputes are unique in some truly important ways. It is difficult, for example, to conceive of a convincing analogue for postdivorce parenting, and what we mean by “justice” can be fundamentally different for domestic-relations litigants than for others. On the other hand, reform in family court has been driven …

Integrating The Access To Justice Movement, Lauren Sudeall

Vanderbilt Law School Faculty Publications

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement - who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define "justice," and whether it would apply only to the civil justice system. Although the phrase "access to justice" is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in the interpretation is an opportunity to engage …

The Lawyer: Spring 2018, Seattle University School Of Law

Lawyer

•'I am Accountable': Deputy Attorney General Tells Students
•'Feature Story: All Hands of Deck for Legal Jobs
•'Second Chances: Alumni's Re-Entry Advocacy Paves the Way for Tarra Simmons
•'Faculty Showcase: Taking Another Look at the Rules of Evidence

Collaborative Enforcement, Andrew Elmore

Faculty Scholarship

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 1 by improving …

Exploring The Meaning Of Experiential Deaning, Margaret Martin Barry, Robert D. Dinerstein, Phyllis Goldfarb, Peggy Maisel, Linda H. Morton

Faculty Scholarship

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

Department Of Politics And Government News And Views, Spring 2018, Department Of Politics And Government

Department of Politics and Government News and Views

Newsletter of the Department of Politics and Government at Illinois State University

Access To The Justices’ Papers: A Better Balance, Susan David Demaine

Articles by Maurer Faculty

This article explores the history of Supreme Court Justices’ papers and their status as private property. It discusses questions of access, the public’s interest in understanding the Court and its decisions, and the effect of the Justices’ papers on scholarship and popular research. Several options for encouraging greater openness are proposed.

Oral Health Convening Focusing On Children With Special Health Care Needs, Health Justice Alliance

HJA Scholarship

Barriers to good oral health care pose a significant health threat to low-income individuals and families, which in extreme cases can result in fatal consequences. Lack of good oral health may also negatively impact social function and interaction, limiting verbal and nonverbal communication, and interfering with intimacy, nutrition, and sleep. Often ignored, oral care is the most prevalent unmet health care need among children and adolescents, and tooth decay is the most chronic illness in school-age children. Within this already vulnerable group, children with special health care needs (CSHCN) are especially at risk for a variety of economic, social, environmental, …