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Faculty Bios

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Pennsylvania’S Need For Permanency: An Argument In Support Of Workable Standards For Representing Children In Involuntary Termination Of Parental Rights Proceedings, Anne M. Bingaman

Dickinson Law Review (2017-Present)

In cases of child abuse and neglect, Pennsylvania’s dependency laws both empower courts to act to protect the child and offer opportunities to bolster the parent-child relationship. However, when courts determine that maintenance of the parent-child relationship is not in the child’s best interest, termination of parental rights proceedings play an essential role in freeing the child for adoption.

Pennsylvania’s General Assembly has recognized that termination proceedings are both a necessary mechanism for permanency and a significant intrusion in the life of a child. As a result, the General Assembly enacted 23 PA. CONST. STAT. § 2313(a), a provision in …

Economic Perspectives On Free Speech, Daniel Hemel

Public Law and Legal Theory Working Papers

The metaphor of a ‘marketplace of ideas’ has long pervaded discussions of free speech in and beyond the United States.¹ For early scholars of law and economics (L&E), the similarities and differences between the metaphorical marketplace for ideas and literal markets for goods and services were subjects of much attention. Aaron Director—the University of Chicago law professor who helped to found the L&E movement but rarely reduced his own ideas to writing— devoted one of his few published papers to the contrast between the laissez-faire approach to speech and command-and-control regulation of other markets in mid-twentieth century America.^{2 …}

The Psychology Surrounding Legal Standards Of Competency And Representation For Children In U.S. Immigration Court, Natasha Reyes

CMC Senior Theses

In recent years, immigration detentions have spiked. Further, the Zero Tolerance Policy enacted by President Trump has separated thousands of children from their families. Because many children are without their parents, and immigration court is civil in nature, thousands of children are placed in deportation hearings without representation each year. Child psychological research is at odds with the current deportation practices as psychological research deems children unable to understand the complexities of the court system or the impacts of deportation proceedings. A minimum competency to stand trial must be enacted to protect young children’s due process rights, regardless of citizenship. …

Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz

Buffalo Law Review

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …

Frob In The Restructuring Of The Spanish Banking System, Banco De Espana/Central Bank Of Spain

Documents

No abstract provided.

Lessons Learned : Scott Alvarez, Esq, Alec Buchholtz, Rosalind Z. Wiggins

Documents

Recommended Citation: Buchholtz, Alec and Wiggins, Rosalind Z. (2019) "Yale Program on Financial Stability Lessons Learned: Scott Alvarez, Esq.," Journal of Financial Crises: Vol. 1 : Iss. 1, 200-201.

Law And Norms And Will & Grace, Christine Corcos

Journal Articles

No abstract provided.

A Timely Right To Privacy, Stacey A. Tovino

Scholarly Works

On December 28, 2017, the federal Department of Health and Human Services ("HHS") settled its fiftieth case involving potential violations of the privacy, security, and breach notification rules ("Rules") that implement the Health Insurance Portability and Accountability Act ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH"). This Article catalogues and examines currently available enforcement actions involving the HIPAA and HITECH Rules, including the cases in which HHS has entered into a settlement agreement with a HIPAA covered entity or business associate, the cases in which HHS has imposed a civil money penalty on a HPAA …

Crafting Fee-Shifting Policy, Benjamin P. Edwards

Scholarly Works

The controversy over emerging fee-shifting corporate bylaw and charter provisions presents multiple policy choices. Delaware’s decision to ban the provisions offers an opportunity for: (i) states to offer a meaningful alternative to Delaware; and (ii) the generation of useful information for evaluating whether particular bylaws or charter provisions enhance shareholder wealth.

Legal Analytics, Social Science, And Legal Fees: Reimagining "Legal Spend" Decisions In An Evolving Industry, Nancy B. Rapoport, Joseph R. Tiano Jr.

Scholarly Works

This article discusses how legal analytics can help law firms and clients understand, monitor, and improve the components that comprise bills for legal fees and expenses.

Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.

Scholarly Works

This paper discusses the advantages that law firms can get by using legal analytics (big data) to analyze how they do their work for their clients (and how their clients can benefit as well). We discuss the external forces that are reshaping the economics of today’s legal industry; the types of decisions, in determining how best to represent a client in a given matter, that tend to drive up costs; the possible reasons for those decisions; how law firms can use data-analytics tools to examine their own choices; and the benefits that stem from a data-driven analysis of those choices.

Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner

Scholarly Works

Part I examines core assumptions associated with licensing systems as well as associated ambiguities. In particular, it acknowledges multiple understandings about what “competence” is and differing assumptions about how to evaluate or measure it. Part I thus sets forth important predicates for our argument that only a multi-faceted licensing system can do what is needed in assuring minimal competence, and that not all forms of competence are best measured by traditional licensing examinations.

Part II raises the possibility of creating a post-first-year examination designed to assess critical thinking in the context of the first-year curriculum. It also considers ways in …

A Rising Florida Epidemic: Big Business Controls Florida's Recovery Residence Crisis, Hunter Scharf

Nova Law Review

No abstract provided.

Lowering The Floor: The Consequences Of Competition-Based Education Reform For Low-Income Students & Families, Richard Sena

Nova Law Review

No abstract provided.

Banning Faux Sanctuary Jurisdictions, Lena Abdin

Nova Law Review

No abstract provided.

What About The Florida's Children? Analyzing The Implications Of The Family First Prevention Services Act Of 2018, Asheley Pankratz

Nova Law Review

No abstract provided.

Health Care Costs And The Arc Of Innovation, Neel U. Sukhatme, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Health care costs continue their inexorable rise, threatening America’s long-term fiscal stability, competitiveness, and standard of living. Over the past half-century, efforts to rein in spending have uniformly failed. In this Article, we explain why, breaking with standard accounts of regulatory and market dysfunction. We point instead to the nexus of economics, mutual empathy, and social expectations that drives medical innovation and locks in low-value technologies. We show how law reflects and reinforces this nexus and how and why health-policy-makers avert their gaze.

Next, we propose to circumvent these barriers instead of surmounting them. Rather than targeting today’s excessive spending, …

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Preface, Craig Collins, Vivien Holmes, Paul Maharg

Articles & Book Chapters

In this Preface to the first volume of the series Assessment in Legal Education, we outline the scope of the series, the reasons for its development and the ways it may assist those involved with legal education generally.

Regulation Of The Practice Of Law In Wyoming: A 150-Year Walk Through The History Books, Mark W. Gifford

Wyoming Law Review

No abstract provided.

Rural Practice As Public Interest Work, Hannah Haksgaard

Faculty Publications

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.

At The Sturgis Rally: A Story, Jonathan Van Patten

Faculty Publications

No abstract provided.

Practice-Based Learning: Observations On One-Stop Centers In Refugee Settings, Chi-Chi Undie, Josephine Ngebeh, Jane Harriet Namwebya, Joanina Karugaba

Reproductive Health

One-Stop Centers’ (OSCs) have grown in popularity for responding to sexual and gender-based violence (SGBV) in the East, Horn, and Great Lakes regions of Africa. OSCs attempt to provide an integrated, multisectoral response to SGBV survivors’ needs in one location. In resource-constrained settings, the most common services offered at OSCs include health care, psycho-social support, police and judicial services, as well as social support. Studies demonstrate that health-facility-based OSCs that are owned and run by health-facility staff are more effective than NGO-run OSCs in achieving the broadest range of desired health and legal outcomes for SGBV survivors. In collaboration with …

Administering Housing Law As Health Care: Attorneys As Healthcare Providers, Frank Griffin

South Carolina Law Review

No abstract provided.

Code Of Silence, Melissa Mortazavi

Faculty Articles

To read the literature on professional responsibility is to inhabit a world focused on what is said explicitly about what it means to be a lawyer: the aspirations of the canons, the commands of the Model Rules of Professional Responsibility, the clarifications of court and ethics opinions, and the guidance of the Restatement. However, it often neglects what is not said: spaces where silence reigns. This article takes a different approach; it listens to the taciturn. This article draws insight from when the bar chooses to be silent in the face of widely known violations of the law of lawyering. …

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

How Improving Prison Systems In The United States Will Positively Impact The Economy, Jordan Laube

Empirical Economic Bulletin, An Undergraduate Journal

This paper examines the causes of high recidivism in the United States and offers a solution to theoretically bring these numbers down. This study is compiled of data over the past twenty years (1998-2018) as there have been spikes in recidivism rates during this time period. Some of the independent variables that this paper will take into account are economic and labor market freedom, race, cost, sentence length, and prison population under discretionary review. A one percent increase in state economic freedom is associated with a 0.47 % decrease in parolee recidivism. The relationship is stronger and more statistically significant …

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force. In …

Tribal Governance In American Indian Country, Terry E. Mcdonald

School of Business Student Theses and Dissertations

Public Administrators seek to synthesize, comprehend, and clarify challenging problems of social progress as it relates to the administration of public services. We must, therefore, think about all forms of governance to have a comprehensive understanding of the discipline. If civilization ignored the prehistory of the past 600 million years, from the Late Precambrian Era through the Mesozoic, there would be a consequential loss of knowledge. A comprehensive understanding would be absent regarding one of the fundamentals in our evolution – life's ability to avoid demise by symbiosis and adaptation. In the same way, we may have overlooked an essential …

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank Pasquale

Faculty Scholarship

No abstract provided.