Digital Commons Network^™

The Wise Women Of Oxford, Jaz Brisack

Honors Theses

In Fall 2015, a group of women began meeting for lunch. The first meeting was nearly spontaneous: a woman named Eunice Benton emailed a few of her friends, saying that she would prefer to go out to eat with them at one o’clock on a Friday instead of eating alone. From there, the email list Eunice had created began growing and incorporating many new women from a variety of backgrounds, some of whom Eunice knew and then, increasingly, some she didn’t. The list spiked tremendously after the 2016 presidential election, as the group provided comfort to women who were extremely …

Building A Better Bar Exam, Marsha Griggs

Texas A&M Law Review

In the wake of declining bar passage numbers and limited placement options for law grads, a new bar exam has emerged: the UBE. Drawn to an allusive promise of portability, thirty-six U.S. jurisdictions have adopted the UBE. I predict that in a few years’ time, the UBE will be administered in all states and U.S. territories. The UBE has snowballed from an idea into the primary gateway for entry into the practice of law. But the UBE is not a panacea that will solve the bar passage problems that U.S. law schools face. Whether or not to adopt a uniform …

Fifth Indifference: Clarifying The Fifth Circuit's Intent Standard For Damages Under Title Ii Of The Americans With Disabilities Act, Derek Warden

Texas A&M Law Review

The Americans with Disabilities Act prohibits discrimination against people with disabilities. Title II of the ADA applies to public entities. That same Title allows plaintiffs to obtain damages upon a showing that the discrimination was intentional. There are generally two possible standards of intent: (1) deliberate indifference or (2) animus. While most Circuit Courts expressly adopted the deliberate indifference model, the Fifth Circuit has not. Indeed, the Fifth Circuit has not adopted any standard and this has led to confusion. The confusion is not helped, moreover, by the sheer lack of justification offered by a number of the Circuit Courts …

There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.

Notwithstanding nearly …

A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt

Articles & Chapters

Anyone who has been involved with death penalty litigation in the past four decades knows that one of the most scandalous aspects of that process—in many ways, the most scandalous—is the inadequacy of counsel so often provided to defendants facing execution. By now, virtually anyone with even a passing interest is well versed in the cases and stories about sleeping lawyers, missed deadlines, alcoholic and disoriented lawyers, and, more globally, lawyers who simply failed to vigorously defend their clients. This is not news.

And, in the same vein, anyone who has been so involved with this area of law and …

To Promote Innovation, Congress Should Abolish The Supreme Court Created Exceptions To 35 U.S. Code Sec. 101, Shahrokh Falati

Articles & Chapters

No abstract provided.

Sexual Violence Among New Mexicans Living With Intellectual/Developmental Disabilities, Theresa Cruz, D E. Ross-Reed

Reports & Documents

Sexual violence among people living with intellectual and developmental disabilities (I/DD) is highly prevalent in New Mexico and in the United States. More than one in four New Mexican adults with I/DD report a history of forced sex or attempted forced sex, compared to fewer than 1 in 10 among people without I/DD. Power imbalances between caregivers and clients, lack of sexuality education for people with I/DD, isolation, gaps in caregiver training, frequent staff turnover, a culture of ableism and compliance, and underreporting of sexual violence all contribute to disparities in sexual violence victimization.

Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro

Faculty Publications

(Excerpt)

The use of technology in the legal profession is ubiquitous, expanding, and ever changing. Lawyers connect with their clients, co-workers, and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article explores how commonly used technology in legal practice implicates …

Arbitration Law Update: 2018-2019, Teresa J. Verges, Elissa Germaine

Faculty Publications

(Excerpt)

This article summarizes the leading federal and state arbitration cases during the last year that are of particular relevance to the securities arbitration practitioner. The Supreme Court decided three cases related to arbitration involving the “wholly groundless” exception, class arbitration, and arbitrability. Courts also addressed issues concerning arbitrability, vacating arbitration awards, a receiver action on behalf of defrauded investors, the limits of FINRA arbitration over member’s other business activities, and discovery in arbitration.

The Lived Experiences Of Male Victims Of Intimate Partner Violence, Arielle Chieko Woodyard

Walden Dissertations and Doctoral Studies

This qualitative study explored the lived experiences of male victims of intimate partner violence (IPV). Few studies exist about the experiences of men who are victims of female-perpetrated IPV and there are not many studies about these men's experiences in seeking and receiving psychological help. Maslow's hierarchy of needs and Peck's gender role strain paradigm guided this study to understand victimology and perceptions of gender roles. Research questions attempted to understand the lived experiences of male IPV victims of female-perpetrated IPV, accessing supportive and psychological services, and their experiences of these services. Seven male individuals were recruited through flyers in …

Indiana Civil Legal Needs Study And Legal Aid System Scan, Victor D. Quintanilla, Rachel Thelin

Books & Book Chapters by Maurer Faculty

In 2017, the Indiana Coalition for Court Access entered into a partnership with Indiana University to conduct a statewide legal needs study. The IU Center for Law, Society & Culture and the IU Public Policy Institute submit this final report to the CCA. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that …

Office Of Criminal Justice Programs Annual Report Fy 2017/2018, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Law Students' Perspectives On Interdisciplinary Education: A Qualitative Study, Kellie Lockemer

Williams Honors College, Honors Research Projects

The purpose of this study was to explore law school students’ perspectives on interdisciplinary social work education. For this qualitative study, a purposive sample of current law students (n = 11) were invited to participate in a survey to give their perspectives on their current education and thoughts on interdisciplinary education. The results showed that, although the clinic work was helpful, most law students did not think traditional law classes helped prepare them for client interactions. The students also expressed an openness and desire for more trainings on client interactions. This study’s findings suggest a need for interdisciplinary trainings to …

Understanding The Utilization Of Community-Based Services In Late Old Age: A Participatory Approach For Connecting Through The Communication Ecology, Carrie Leach

Wayne State University Dissertations

As the pool of eligible recipients continues to grow, understanding service system utilization and barriers can help ensure very old adults can access support from their communities when needed. Mounting research demonstrates that investment in community-based services to ensure seniors remain independent translates to saved government dollars. As a contributing researcher of a multi-year county-wide older adult needs assessment in Monroe County, Michigan, data collected from 1,870 people revealed a communication disjuncture between seniors and service providers. In response, officials convened a post assessment working group that focused on communication and outreach. Along with members of the Community Advisory Group …

Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?, Jean-François Roberge, Véronique Fraser

Cardozo Journal of Conflict Resolution

This article puts forth processes for preventing disputes based on value innovation, an approach referred to as Cooperative Design Lawyering ("CDL"). It suggests that law firms could take a competitive edge by offering Cooperative Design Lawyering services. It explores how legal designers can redefine the value and predictability of a relationship between parties by creating positive-sum interdependence, managing risk allocation and preventing the escalation of eventual disputes. It argues that CDL has the potential to act as a "blue ocean" strategy by targeting unmet needs and delivering value innovation to reach untapped markets. CDL relationship-oriented services capture value and improve …

Administrators

Catholic University Law Review

No abstract provided.

Law Or Justice? What Future For The Legal Profession?, William P. Quigley

Intercultural Human Rights Law Review

Is the future of our profession law or justice? There is a lot of law in our profession. There is some charity and some generosity. Justice? Not nearly enough to suggest it is at the core of our profession, our mission, or our future.

A Justice School: Teaching Forced Migration Through Experiential Learning, Lauren Gilbert

Intercultural Human Rights Law Review

This article demonstrates how experiential learning in law school can prepare students for the practice of law and, if done well, instill in them a life-long commitment to social justice. I use my efforts to integrate a public service component into my immigration courses to illustrate this. Despite institutional obstacles encountered along the way, the success of this effort ultimately turned on working collaboratively with student leaders with a shared commitment to equal justice, winning the support of well-placed individuals within our administration, and ensuring that the experience for students was rewarding. Our signature achievement has been the Karnes Pro …

Family Law: Above And Beyond The Call Of Duty, Marianne Cristina Gonzalez

Intercultural Human Rights Law Review

Family law practitioners play a delicate and important role in the lives of clients and their families. As lawyers, we have a duty and an obligation to listen to and understand the client's legal needs, while competently advocating to meet their goals and expectations. But how often do we really pay attention to the mental and spiritual needs of our clients to achieve their goal? Chances are we generally do not, since our own emotional baggage has been left unchecked. We have mastered the skill of tuning out the "red herrings" by trimming the excess, non-essential emotional noise that not …

Book Review: Global Lawmakers: International Organizations In The Crafting Of World Markets By Susan Block-Lieb And Terence C. Halliday, Melissa J. Durkee

Scholarly Works

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world. The book …

Laguna Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Global Lawmakers: International Organizations In The Crafting Of World Markets: Book Review, Melissa (M.J.) Durkee

Scholarship@WashULaw

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world.

The book …

Judgment-Based Lawyering: Working In Coalition, Mark Aaronson

Faculty Scholarship

No abstract provided.

Advancing A Broader View Of Clinical Scholarship, Richard A. Boswell

Faculty Scholarship

No abstract provided.

When Does Big Law Work?, Abraham Cable

Faculty Scholarship

No abstract provided.

Financial Counseling For Low- And Moderate-Income Employees: An Assessment Of Engagement And Outcomes, Mathieu Despard Phd, Msw, Yingying Zeng Msw, Msp, Sophia Fox-Dichter Msw

Social Policy Institute Research

Employee financial wellness programs (EFWPs) are gaining in popularity as a strategy to address workers' financial challenges and goals beyond offering health and retirement benefits. Most workers say they are stressed about their finances¹ and a third are less productive at work because of this stress.² Although employers are increasingly interested in offering EFWPs, little research has been conducted concerning these workplace financial products and services.

The Twelve Beneficiaries Of Legalized Sports Betting: An Exploratory Assessment, Sam Fullerton, Michael Mccall, Ronald Dick

AMTP Proceedings 2019

The 2018 ruling by the United States Supreme Court essentially legalized sports betting across the nation. Prior to that ruling, sports books were restricted by virtue of the Professional and Amateur Sports Protection Act (PASPA). But with that landmark 6-3 decision, the opportunity door for sports betting has been opened for all 50 states. This paper focuses on two considerations regarding the opening of that door. Who are the potential beneficiaries and what benefits might they derive? A review of the literature identified twelve beneficiaries; among these beneficiaries are the teams, organizations, fans, sponsors, bettors, and society-in-general. The majority of …

Due Process And The Myth Of Sovereignty, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Documented: My Week At The South Texas Family Residential Center, Stacey Steinberg

University of Florida Journal of Law & Public Policy

No abstract provided.

The Cost Of (In)Justice: A Preliminary Study Of The Chilling Effect Of The $50 Application Fee In Florida's Misdemeanor Courts, Alisa Smith

University of Florida Journal of Law & Public Policy

No abstract provided.