Digital Commons Network^™

The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis

Faculty Scholarship

Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO 's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the …

Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens

Faculty Scholarship

Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.

Reclaiming The Role Of Lawyers As Community Connectors, David F. Levi, Dana Remus, Abigail Frisch

Faculty Scholarship

With the prospect of nonlawyers stepping in to do low-fee legal work, how should the legal profession conceive of its relationship to that work and ensure that nonlawyers bolster rather than undermine the value that lawyers add to society? Lawyers should reclaim their role as connectors in their communities: interstitial figures with the knowledge, skill, and trust to help resolve disputes, move beyond stalemates, dispel tensions, and otherwise bring people and resources together in productive solutions. They should do so, at least in part, through pro bono work for poor and low-income clients. It would be a mistake to stand …

Global Networks And The Legal Profession, Laurel S. Terry

Faculty Scholarly Works

The importance of networks and the power of exponential growth within networks have become much more apparent to the world as a result of the COVID-19 pandemic. This Article addresses the topic of global legal profession networks. The introductory section provides information about our global economy and society that helps explain why global legal profession networks are valuable. It argues that global networks are beneficial for clients, lawyers, and other legal services stakeholders.

After introducing some of the scientific literature about networks in general and legal profession networks specifically, Section II identifies ways in which lawyers participate in global legal …

Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock

Cornell Law Faculty Publications

Human rights advocacy in foreign countries raises complex ethical, moral, and political questions. Legal scholars have challenged the legitimacy and accountability of international human rights activists that impose foreign agendas on local partners in the Global South. Development economists have raised related concerns about the impact of foreign assistance on government accountability. In this article, I use narrative storytelling techniques to illustrate the fraught strategic judgments and moral choices that permeate human rights advocacy. These narratives are drawn from my international human rights clinic’s twelve-year engagement in justice reform work in Malawi, where my students and I have been instrumental …

Exploring Methods To Increase Hiv Testing In Kentucky, Chukwudi Yagazie Mbagwu

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

This project was conducted to develop a policy proposal that would increase HIV testing after evaluating current Kentucky Law and Regulations, current health insurance laws, studies on acceptability of different HIV test, barriers to testing from both providers and patients/individuals, and factors associated with positive likelihood of HIV testing. Based on these findings a proposal was developed that would require changing Kentucky regulations on providers communicating test results to patients, change in what form HIV testing would be covered under certain insurances, develop incentives for patients to be tested and report their results to their provider (and hence increasing surveillance …

Reviving Criminal Equity, Cortney Lollar

Law Faculty Scholarly Articles

Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet revival is occurring in criminal jurisprudence as well. After undertaking such an investigation, this Article uncovers the remarkable discovery that equitable remedies, including injunctions and specific performance, are experiencing a resurgence in both federal and state criminal jurisprudence. Courts have granted equitable relief in a range of scenarios, providing reprieve from unconstitutional bail and probation practices and allowing for an appropriate remedy to ineffective assistance …

The 2019 Revealed-Preferences Ranking Of Law Schools, Christopher J. Ryan, Brian L. Frye

Law Faculty Scholarly Articles

In 2017, we published A Revealed-Preferences Ranking of Law Schools, which presented the first (intentionally) objective ranking of law schools. Other law school rankings are subjective because their purpose is to tell prospective law students where to matriculate. Our “revealed preferences” ranking is objective because its purpose is to ask where prospective law students actually choose to matriculate. In other words, subjective rankings tell students what they should want, but our objective ranking reveals what students actually want. These rankings were originally based on an average of the previous five years of LSAT and GPA quartile and median averages …

Post-Judgment Recovery And Its Effectuation On The Contemporary Debtors' Prison: A Treble Analysis On Collections Law In The State Of Florida, Andrew E. Weiner

Honors Undergraduate Theses

This dissertation will tender a rigorous analysis on the conjunction of the judgment creditors' inherent right for satisfaction of their outstanding monetary judgments and the respective detriments that the judgment debtor confronts as the party subject to satisfying the outstanding award levied against them. To establish the theory that the civil justice system has "resuscitated" the antebellum debtors' prison and infringed upon principles of civil liberties, this dissertation will expound on evidence garnered throughout this study in a three-pronged analysis of economics, history, and a reflection on the American legal systems, enumerated herein. Evidence will be brought from a variety …

Anti-Lgbt Backlash And The Shifting Public Opinion On Lgbt Rights In Contemporary Russia: A Case Study, Sean T. Skillings

Honors Undergraduate Theses

The wealth of literature which intends to explain various aspects of LGBT rights, politics, and activism in Eastern Europe has been well established (Swimelar, 2017, p. 912). There are currently two opposing theories on the effect of backlash on LGBT attitudes and activism. One theory, purported by O'Dwyer, suggests that backlash is beneficial to the visibility of LGBT issues and for attracting international attention and support. Rosenberg argues that right-wing backlash is detrimental to attitudes and activism (Rosenberg 2008, p. 344-347). These two arguments for and against the "benefits to backlash" approach are clearly defined and testable. With this paper, …

Reading The Prisoner's Letter: Attorney-Client Confidentiality In Inmate Correspondence, Gregory Sisk, Michelle King, Joy Nissen Beitzel, Bridget Duffus, Katherine Koehler

Journal of Criminal Law and Criminology

No one in our society has a more compelling need to communicate in complete confidence with a lawyer than a prisoner, when challenging a conviction as wrongful or prison conditions as unlawful. No one has a greater need to be able to engage in the uninhibited discussion of highly personal matters, tragic events, and official misconduct. A prisoner’s constitutional rights to freedom of speech, access to the courts, due process, and assistance of counsel are placed in unique jeopardy when a correctional system insists on prying into the substantive contents of legal mail.

In this Article, we explain the vital …

Marketing Legal Assistance, Elizabeth Chambliss

Faculty Publications

Much of the American conversation about access to justice focuses on regulatory barriers to new forms of service delivery and treats regulatory resistance as the primary problem to be solved. Meanwhile, obstacles to consumer awareness and engagement have received less attention. This essay reverses the order of analysis and considers strategies for expanding access first from a marketing perspective. What models of legal assistance have been most successful in building consumer awareness and trust? To what extent can successful marketing help to sidestep or overcome regulatory resistance? And what are the implications for reformers interested in expanding access to justice?

Evidence-Based Lawyer Regulation, Elizabeth Chambliss

Faculty Publications

The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is challenging the unique value of lawyers’ services, even in formal legal proceedings, and this research is increasingly well-organized and well-funded at the national level. The organized bar is asleep at the wheel and ill-prepared to respond.

This Article argues that the United States is moving toward evidence-based lawyer regulation, and suggests strategies for equipping …

Maine Law Magazine - Issue No. 95, University Of Maine School Of Law

Maine Law Magazine

• Arctic collaboration
  Building connections benefits Maine Law students
• A strong future
  Report explores strengthening Maine Law
• For the public good
  The Law School plays a crucial role in shaping leaders
• Passing the torch
  Celebrating Jim Burke’s legacy
• The value of experience
  Adjunct professors contribute hands-on wisdom
• Alumni at work
  Graduates make their marks as prosecutors

The 'Second Wave' Of Spanish Clinical Legal Education: Empirical, Pedagogical, And Institutional Lessons For A Pilot Course And Program At The University Of Granada, Andrew King-Ries, Masao Javier Lopez Sako, Eduardo R.C. Capulong, Pilar Fernandez Artiach

Faculty Law Review Articles

Spanish clinicians today benefit from the ‘first wave’ of early adopters. We also benefit from decades of clinical scholarship—most recently about the Western European and global clinical legal education movements—and empirical data on what lawyers actually do and need in practice. In this article, the authors summarize key empirical, pedagogical, and institutional lessons to ground the creation of a pilot course and program at the University of Granada.

From Poverty To Personhood: Gideon Unchained, Ken Strutin

Mitchell Hamline Law Review

No abstract provided.

Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods

Mitchell Hamline Law Review

No abstract provided.

Torts: Missing The Forest For The Factors—Frederick V. Wallerich, 907 N.W.2d 167 (Minn. 2018), Michelle Gibbons

Mitchell Hamline Law Review

No abstract provided.

The Power And Potential Of An Aging Nebraska, Julie L. Masters, Christopher M. Kelly

Presentations

No abstract provided.

Revenue Diversification To Improve And Maintain Service Offerings Of Nonprofit Organizations, Ganga Kosala Bandara Heengama

Walden Dissertations and Doctoral Studies

Leaders of nonprofits businesses adopt revenue diversification strategies to create innovative program services, creative ways to source materials, utilize volunteers and community partnerships, and identify business solutions related to solving societal problems. To continue providing services, it is crucial for nonprofit leaders to maintain adequate financial resources. The purpose of this single-case study was to explore revenue diversification strategies used by 3 leaders of a nonprofit organization in western California of the United States using Markowitz's modern portfolio theory as the conceptual lens. Data were collected through in-depth semistructured interviews and examination of organizational documents, internal archival data, and online …

Evaluating Counseling Modality Based On Recidivism For Misdemeanor Offenders, Erin D. Prisbrey

Walden Dissertations and Doctoral Studies

Illegal substance use in the United States is a growing problem, and a western state has a higher than average rate of drug offenders. Many courts, including misdemeanor courts, have limited to no budget for drug treatment programs outside of the drug court treatment programs. As such, many court-ordered drug treatment programs, when drug counseling is ordered in exchange for a reduction in charges, are outsourced to privately owned companies. The drug counseling entails a single 8-hour outsourced drug counseling course, which includes either in-person, online, or correspondence-based counseling. The purpose of this study was to investigate the effectiveness of …

Courtroom Psychology During Criminal Trials And Its Therapeutic Role On Victims And Offenders, Tierra Wilson

Walden Dissertations and Doctoral Studies

In the legal and mental health fields little is known about the therapeutic impact of courtroom psychology during criminal trials. The purpose of this research study was to investigate the inter-relating factors of law and psychology throughout criminal trials as experienced by lawyers and psychologists. Research questions explored the influence of courtroom psychology on criminal trial proceedings and challenges as experienced by both criminal trial attorneys in presenting mental health evidence, and by psychologists when testifying during criminal trials. Further exploration focused on the significance of courtroom psychology, and how lawyers and psychologists perceived courtroom psychology impacting justice for victims …

English Teachers' Perceptions Of Vocabulary Instruction In English Language Learners' Classrooms, Karima S. Ezzair

Walden Dissertations and Doctoral Studies

English language learners (ELLs) from an urban high school in the southeastern United States struggled to achieve reading proficiency on the federally mandated reading assessments. The purpose of this case study was to gain an understanding of ELL teachers' perceptions about how using effective vocabulary pedagogies affected the reading comprehension of high school ELLs. Guided by Vygotsky's theory of development, the research questions of this study addressed ELL teachers' perceptions of vocabulary instruction and its effect on reading comprehension. The purposeful sampling included 5 high school teachers, an administrator, and an English for students of other languages compliance specialist, who …

Middle School Teachers' And Administrators' Experiences When Students Transition, Thomas L. Jones

Walden Dissertations and Doctoral Studies

Student discipline and subsequent placements are a common problem in education. This qualitative phenomenological study addressed a gap in the literature by discovering the experiences of middle school teachers and administrators regarding student discipline, classroom removal, and assignment of students to alternative education. This research describes the development of an interview protocol based on critical incident theory and demonstrates its usage in drawing out thick, rich descriptions which help increase the trustworthiness of qualitative research. Initial interview data are presented to highlight the utilization of critical incident theory to elicit specific information about how participants experienced various critical interactions that …

Social Integration And The Mental Health Needs Of Lgbtq Asylum Seekers In North America, Samara Danielle Fox

Yale Medicine Thesis Digital Library

This study examined the mental health burden of LGBTQ asylum seekers and associated psychosocial risk factors with a focus on barriers to social integration. This study also characterized LGBTQ asylum seekers’ interest in interventions aimed at alleviating mental distress and social isolation. Respondents (n = 308) completed an online survey which included the Refugee Health Screener (RHS-15), the NIH loneliness scale, and an adapted scale of sexual identity disclosure. Most respondents (80.20%) screened positive for mental distress. Loneliness (OR = 1.14, 95% CI = 1.09, 1.19) and LGBTQ identity disclosure (OR = 3.46, 95% CI = 1.01, 12.02) were associated …

Modern Charity: Morality, Politics, And Mid-Twentieth Century Us Writing, Matt Bryant Cheney

Theses and Dissertations--English

Scholars over the past two decades (Denning, Szalay, Edmunds, Robbins) have theorized the different ways literature of the Mid-Twentieth Century reflects the dawn of the liberal US welfare state. While these studies elaborate on the effect rapidly expanding public aid had on literary production of the period, many have tended to undervalue the lingering influence on midcentury storytelling of private charity and philanthropy, those traditional aid institutions fundamentally challenged by the Great Depression and historically championed by conservatives. If the welfare state had an indelible impact on US literatures, so did the moral complexity of the systems of charity and …

“Right To Work” Legislation: A Meaningless Choice That Constricts Union Operations, John Simeone

Student Works

No abstract provided.

Wire-Tapping Criminal Suspects: Should The Scope Of Attorney-Client Privilege Extend That Far?, Jenna Ventola

Student Works

No abstract provided.

The Trafficking Victims Protection Act: The Prosecution Of Traffickers, Prevention Of Trafficking, And Protection Of Victims Of A Severe Form Of Human Tracfficking, Rebecca L. Maioriello

Student Works

No abstract provided.

The Pitfalls Of Fiduciary Duty Waivers In Do-It-Yourself Llc Formation, Derek Terry

Transactions: The Tennessee Journal of Business Law

No abstract provided.