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2018

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The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane Jan 2018

The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane

Northwestern Journal of Human Rights

The United Kingdom’s politicised and contested human rights framework has come under increasing pressure during recent periods of constitutional and political instability. The UK 2016 referendum on membership of the European Union, the delayed repeal of the Human Rights Act 1998 and the proposals to enact a British Bill of Rights have all shaped the discourse at the national level around decisions to retain rights (or not) rather than progressively improve the human rights structure. The European Union and Council of Europe human rights frameworks act as important pillars of human rights and democracy under the UK constitution and each …


Beyond Corporate Form: A Response To Dan Depasquale, Surbhi Sarang, And Natalie Bump Vena’S Forging Food Justice Through Cooperatives In New York City, Jonathan Brown Jan 2018

Beyond Corporate Form: A Response To Dan Depasquale, Surbhi Sarang, And Natalie Bump Vena’S Forging Food Justice Through Cooperatives In New York City, Jonathan Brown

Elisabeth Haub School of Law Faculty Publications

In their article, Forging Food Justice Through Cooperatives in New York City, Dan DePasquale, Surbhi Sarang, and Natalie Bump Vena (the “Authors”) argue that consumer-owned and worker-owned cooperatives hold promise as a means for advancing policy objectives associated with “food justice,” namely building community wealth and power and providing more affordable access to healthy food in low-income and minority communities. Looking to examples of legislation and policies in other jurisdictions, they advocate for a wide range of policies to promote the viability of cooperatives in New York City, including reforms to cooperative corporation laws and strategies for better allocating funding …


The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran Jan 2018

The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …


A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings Jan 2018

A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings

Scholarly Articles in Law Reviews & Journals

This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Victoria Phillips Jan 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property (IP) rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors …


Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer Jan 2018

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer

Scholarly Articles in Law Reviews & Journals

Persons exposed to torture have suffered serious attacks on their lives, relationships, health, and sense of dignity. The torture they experienced will remain a part of them even if they manage to move ahead and work through the pain. The destructive power of torture affects life on so many levels: mind and body, values and relationships, and the capacity for work and leisure. Providing opportunities to reconstruct lives after torture should be a priority in the international effort to prevent and prohibit torture. International recognition of the right to redress, including rehabilitation for all victims of torture and other cruel, …


Environmental Law—Resuming Progress On Lead Poisoning: A Prime Indicator Of Civilization, Rick Reibstein Jan 2018

Environmental Law—Resuming Progress On Lead Poisoning: A Prime Indicator Of Civilization, Rick Reibstein

Western New England Law Review

Failing to adequately protect citizens against the threat of lead poisoning is an indication that our society is not fully civilized. There are many compelling reasons to take concerted action against lead: the seriousness of its harm, the preventability of poisoning, that all of society is affected, and that many actions are economically feasible. Even the most costly action, removal of the source, has an excellent cost benefit ratio. After reviewing the state of affairs and the reasons to take action, this Article provides an overview of some of the actions that can be taken. Mustering the ability to take …


Bankruptcy Law—Rethinking The Discharge Of Late-Filed Taxes In Consumer Bankruptcy, Justin H. Dion, Barbara Curatolo Jan 2018

Bankruptcy Law—Rethinking The Discharge Of Late-Filed Taxes In Consumer Bankruptcy, Justin H. Dion, Barbara Curatolo

Western New England Law Review

The 2005 amendments to the Bankruptcy Code, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted in order to improve bankruptcy law. However, BAPCPA has made the issue of whether late-filed taxes are dischargeable even murkier than before the amendments. After BAPCPA, some courts continued to analyze claims as they had before the amendment. Others used a “one-day-late rule” that prevented late-filed taxes from being dischargeable—even if the taxes were filed only one day late. This Article suggests a different approach. It argues that the legislature intended tax debt associated with late-filed income tax returns be dischargeable if the …


Vol. 95, No. 3: Full Issue, Denver Law Review Jan 2018

Vol. 95, No. 3: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.


Annual Report Of The Town Officers Of Stark, New Hampshire Fiscal Year 2017., Stark Town Representatives Jan 2018

Annual Report Of The Town Officers Of Stark, New Hampshire Fiscal Year 2017., Stark Town Representatives

Stark, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


County-Level Cie Supply Chain Analysis, Randall Jackson, Peter Jarosi Jan 2018

County-Level Cie Supply Chain Analysis, Randall Jackson, Peter Jarosi

Appalachian Coal Industry Ecosystem

This report examines the impact of the decline in coal production on supply chain industries at the county level across Appalachia. It offers, and uses, a typology to classify counties based on their dependence on the CIE, recent employment changes due to reduced coal production, and their risk for further impacts due to any future declines in the coal industry.


Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura Jan 2018

Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura

UC Law SF International Law Review

Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr. Stiglitz …


Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama Jan 2018

Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama

UC Law SF International Law Review

Japanese lawyers have faced the globalization of legal markets for decades. The first wave of globalization was characterized by inbound work. It came in 1987, when Japan opened its legal markets to foreign lawyers. Since then, foreign law firms have established offices in Japan and practiced together with Japanese lawyers on international legal matters. The second wave of globalization was characterized by outbound work. Japanese lawyers practicing outside of Japan have increased significantly in the past several years. My presentation briefly describes activities of the Japan Federation of Bar Associations (“JFBA”) in the context of the globalization of Japanese lawyers.


Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama Jan 2018

Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama

UC Law SF International Law Review

Globalization came to the Japanese legal community as a form of legal reform early in the millennium. The reform has impacted not only business lawyering, but also public interest lawyering, which aims at access to justice (see Parts I and II). The growing national budget has improved legal services for the underrepresented (see Part III). The increasing number of Japanese lawyers has brought improvement in access to justice to thinly populated areas. More attorneys seek careers as in-house lawyers in business or public interest organizations such as the United Nations (see Parts IV, V). The negative effects of public interest …


Strategic Plan Progress And Outcomes (2018), New York Law School Jan 2018

Strategic Plan Progress And Outcomes (2018), New York Law School

Strategic Plan and Initiatives

No abstract provided.


Centering Women In Prisoners' Rights Litigation, Amber Baylor Jan 2018

Centering Women In Prisoners' Rights Litigation, Amber Baylor

Michigan Journal of Gender & Law

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 …


Things Fall Apart, Anthony V. Alfieri Jan 2018

Things Fall Apart, Anthony V. Alfieri

Articles

No abstract provided.


Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri Jan 2018

Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri

Articles

No abstract provided.


Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway Jan 2018

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …


History Of Senate Bills:, Colorado General Assembly Jan 2018

History Of Senate Bills:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan Jan 2018

The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan

Articles

No abstract provided.


Administering The Mark Of Cain: Secrecy And Exclusion In The Fctc Implementation Process, Gregory F. Jacob Jan 2018

Administering The Mark Of Cain: Secrecy And Exclusion In The Fctc Implementation Process, Gregory F. Jacob

Fordham International Law Journal

No abstract provided.


Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, Susan Saab Fortney Jan 2018

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

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.


Surrogacy Professionalism, June Carbone, Christina O. Miller Jan 2018

Surrogacy Professionalism, June Carbone, Christina O. Miller

Articles

No abstract provided.


To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock Jan 2018

To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock

American University Business Law Review

No abstract provided.


Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton Jan 2018

Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton

The International Lawyer

No abstract provided.


Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros Jan 2018

Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros

American University Business Law Review

No abstract provided.


In Appreciation Of Nina S. Appel, Justice Ruth Bader Ginsburg Jan 2018

In Appreciation Of Nina S. Appel, Justice Ruth Bader Ginsburg

Loyola University Chicago Law Journal

No abstract provided.


From Common Good To Convivencia: Religious Liberty And The Cake Wars, Carmen Nanko-Fernández Dmin Jan 2018

From Common Good To Convivencia: Religious Liberty And The Cake Wars, Carmen Nanko-Fernández Dmin

Loyola University Chicago Law Journal

This article explores what is at stake theologically in current cases where religious liberty is presumed at risk and interpretations of the common good are contested. While attention to the theological details are not explicitly of relevance to the courts, they should be considered in their complexity by religious entities that participate by filing amicus briefs and/or by adding to the rhetoric around highly charged neuralgic issues like same-sex marriage. The cases involving bakers and the Colorado Civil Rights Commission are worth considering, from a perspective that complicates the roles of communities of faith in terms of serving the common …


"Safe As Houses": Money Laundering In Florida's Luxury Real Estate, Elisa Duka Jan 2018

"Safe As Houses": Money Laundering In Florida's Luxury Real Estate, Elisa Duka

USF St. Petersburg campus Honors Program Theses (Undergraduate)

No abstract provided.