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Notre Dame Lawyer - 2018, Notre Dame Law School

Notre Dame Lawyer

INSIDE

Leading News

Dean Newton Steps Down

Briefs

• Off the Bench—Prominent judges visit ND Law School
• Law School improves Loan Repayment Assistance Program
• Galilee sees record participation
• ‘You are the hope’—ND Law hosts one of Church’s leading voices on race
• Program on Church, State & Society growing
• ‘Fighting for Fair Housing’—Law School hosts conference on Fair Housing Act of 1968
• ND alumni talk about Guantanamo detention facility
• Religious freedom moot court team wins in Italy
• Music lesson—The Slants rock McCartan Courtroom
• Commencement 2018
• Exoneration Project inspires law students

Profiles—A Different Kind of Lawyer

• A Bridge to Home—James Cheney ’18 J.D. …

Concerning Implementation Of Recommendations Of The Committee On Legal Services In Connection With Legislative Review Of Rules Of State Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Risks Faced By Foreign Lawyers In China, Chenglin Liu

Faculty Articles

This article provides an objective assessment of the potential risks that foreign lawyers face in China as they push the boundaries of the limits on their activities set by Chinese law. When the Shanghai Bar Association (SBA), a government-controlled organization, accused foreign lawyers of violating Chinese law and called for official action, some scholars dismissed the threat, claiming that there was no legal basis for a crackdown on foreign lawyers. These scholars erroneously maintained that the Chinese laws that regulate foreign lawyers are ambiguous and create "gray areas." In fact, the claims of the SBA are justified because the applicable …

Concerning An Extension Of The Title 12 Recodification Study Being Conducted By The Office Of Legislative Legal Services, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris

Journal Articles

This essay explores the contemporary practice of detaining immigrant women and children — the vast majority of whom are fleeing violence in their home countries and seeking protection in the United States — and the response by a diverse coalition of legal advocates. In spite of heroic advocacy, both within and outside the detention centers from the courts to the media to the White House, family detention continues. By charting the evolution of family detention from the time the Obama Administration resurrected the practice in 2014 and responsive advocacy efforts, this essay maps the multiple levels at which sustained advocacy …

Corporate Governance, Capital Markets, And Securities Law, Adam C. Pritchard

Book Chapters

This chapter explores the dividing line between corporate governance and securities law from both historical and institutional perspectives. Section 2 examines the origins of the dividing line between securities law and corporate governance in the United States, as well as the efforts of the SEC to push against that boundary. That history sets the stage for section 3, which broadens the inquiry by examining the institutional connections between capital markets and corporate governance. Are there practical limits to the connection between securities law and corporate governance? The US again illustrates the point, as Congress has increasingly crossed the traditional boundary …

No Justice For Guatemalan Women: An Update 20 Years After Guatemala’S First Violence Against Women Law, Héctor Ruiz

UC Law SF Journal on Gender and Justice

This article is a report update examining the development and implementation of violence against women laws in Guatemala. In 2015, the Center for Gender and Refugee Studies, accompanied by U.C. Hastings, College of the Law professors and students, including the author, went to Guatemala and met with various agencies who work to combat violence against women. This report summarizes the study’s findings, in addition to offering recommendations to the Guatemalan and United States governments on how to protect women and children in Guatemala from gender-based violence.

The Spatial Distribution Of Urban Consumer Service Firms: Evidence From Yelp Reviews, Brad Humphreys, Josh Matti

Economics Faculty Working Papers Series

A growing literature employs distance-based measures of localization to assess the spatial distribution of firms with a focus on manufacturing across a country. We analyze the spatial concentration of a variety of consumer services firms in the Phoenix, AZ area using geo-referenced Yelp data from over 29,000 establishments. Results from a K-density approach indicate substantial localization and service differentiation among localized firms. Firm concentration varies across service cost and quality; higher quality/cost establishments tend to cluster. Our results further understanding of the modern urban landscape as cities are increasingly centers of consumption.

The Parallel Worlds Of Guest Work And Gig Work, Leticia M. Saucedo

Saint Louis University Law Journal

No abstract provided.

Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik, Asya-Lorrene S. Morgan, Kyle H. Williams

Texas A&M Journal of Property Law

This article focuses on the second step in the due diligence process. While it addresses the question of competency, it focuses more on the further steps a lawyer must take to ensure that the use of the service as part of the representation of a client is consistent with the lawyer’s other ethical obligations. While it is important to emphasize that competency requires that the lawyer must be able to assess whether the work product is comparable to what a human would produce, competency is of course a fact-depending inquiry: whether a will is competently drafted turns on the standard …

Automatic (Expunctions) For The People: For A Court-Initiated Expunction Right In North Carolina For Charges Not Resulting In Conviction, Charles J. Johnson

North Carolina Law Review

No abstract provided.

Decentralized And Anomalous Interpretation Of Chinese Private Law: Understanding A Bureaucratic And Political Judicial System, Yun-Chien Chang, Ke Xu

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Left To Languish: The Importance Of Expanding The Due Process Rights Of Immigration Detainees, Maisie A. Baldwin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Dean David Wippman: Strong Leadership In A Challenging Time, Fionnuala Ní Aoláin, Brett Mcdonnell

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Punishing The Pettifogger's Practice: Applying The Sanction Power Of 28 U.S.C. § 1927 To Law Firms, Joseph T. Janochoski

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

State Capitalism On The Ascent: Stress, Shock, And Adaptation Of The International Law On Foreign Investment, Julien Chaisse

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, 34 Touro L. Rev. 63 (2018), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun

Fordham International Law Journal

No abstract provided.

In Whose Service? The Transnational Legal Profession's Interaction With China And The Threat To Lawyers' Autonomy And Professional Integrity, Eva Pils

Fordham International Law Journal

No abstract provided.

The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty

Fordham International Law Journal

No abstract provided.

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Is A Transactional Clinic The Answer To Training Transactional Attorneys?, Tyra Blew, Carmen Huertas-Noble, Melissa Risser

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Students In A Menu Of Degrees Providing Context For Understanding And Learning The Transactional Attorney’S Role, Celeste M. Hammond

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Where Do We Go From Here?, Joan Macleod Heminway, Howard Katz, George Kuney

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Right To Counsel In Criminal Cases: Still A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Articles

In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …

Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark

Faculty Articles

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 …

Changing Governance Models By Applying Blockchain Computing, Steve Young

Catholic University Journal of Law and Technology

No abstract provided.

Young People As Humans In Family Court Processes: A Child Rights Approach To Legal Representation, Donna J. Martinson, Caterina E. Tempesta

Canadian Journal of Family Law

The authors, a retired British Columbia Supreme Court judge and a senior member of Ontario’s Office of the Children’s Lawyer, address the important issue of legal representation for children. They are co-chairs of the Steering Committee which guided the development of the Canadian Bar Association’s new and comprehensive Child Rights Toolkit. As such, they are well-placed to discuss how a child rights approach, as required by the United Nations Convention on the Rights of the Child to which Canada is a ratifying party, supports legal representation for children who find themselves caught in contentious family law proceedings before the courts.

Chief Student Affairs Officers: Transforming Pathways To The Presidency, Quincy Martin Iii

Journal of Research on the College President

This qualitative study examined a sample of former chief student affairs officers (n=12) who successfully attained a presidency at a four-year institution of higher education. Data was collected primarily through semi-structured interviews and supplemented by the curricula vitae of the participants. Through data analysis, three themes emerged: (1) institutional type and fit, (2) academic profile, and (3) fundraising. Findings from this study indicated the majority of participants were employed at small to medium-size institutions of higher education with preference given to small, private colleges and universities. Faculty skepticism was the most noted obstacle participants encountered. Accordingly, participants advised presidential aspirants …

Proposed Amendments To Rule 4-7.13, Florida Bar

Historical and Topical Legal Documents

No abstract provided.