Digital Commons Network^™

Did Five Supreme Court Justices Go "Completely Bonkers"?: Saul Goodman, Legal Advertising, And The First Amendment Since Bates V. State Bar Of Arizona, Eric T. Kasper, Troy A. Kozma

Cardozo Arts & Entertainment Law Journal

In Bates v. State Bar of Arizona (1977), the U.S. Supreme Court held for the first time that the First and Fourteenth Amendments' protection of the freedom of speech extends to truthful advertising of attorneys' services. The ruling set aside decades of ethics rules that had prohibited lawyers from engaging in this type of marketing that bar associations had deemed predatory and beneath the stature of the profession. Saul Goodman from Breaking Bad and Better Call Saul is a pop culture representation of what legal advertising has become, both reflecting and shaping public perception of legal commercial publicity. But are …

Gordon V. Airbnb, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

J.B. V. G6, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

The Appearance Of Professionalism, Elizabeth B. Cooper

Faculty Scholarship

The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, religiously observant persons, and those who inhabit intersectional identities are among those who disproportionately remain excluded from the dominant culture and centers of power in the legal profession. Expectations of appearance conformity create profound concerns that go well beyond style preferences, raising questions of autonomy and …

Beyond Beholden, Da Lin

Law Faculty Publications

Corporate law has long been concerned with director independence. In controlled companies, the conventional wisdom focuses on "beholdenness" as the main threat to independence. The prevailing theory argues that directors might feel pressured to reciprocate a past kindness from the controlling shareholder or fear retaliation. This Article argues that this conventional narrative is troublingly incomplete. I show that directors are also influenced by the prospect of rewards, or patronage, from the controller.

This Article is the first to identify controlling shareholder patronage as a systemic phenomenon and to explore how anticipation of future patronage can affect director behavior. It presents …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 37 (2019-2020)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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

Cardozo Arts & Entertainment Law Journal

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 PTO …

Putting The T In Mlp: The Role Of Trust In Medical Legal Partnerships, Jenny Ajl

Public Health Theses

The United States spends more on healthcare than any other country, while health outcomes lag behind many nations. This is often attributed to the disproportionately low spending on social services, and social determinants of health (SDOH) need to be addressed in order to improve the nation’s health. SDOH are increasingly understood to be key factors in predicting health outcomes. Medical legal partnerships (MLPs) are one intervention that seek to address SDOH. The MLP model comprises three core components: providing legal care for patients, improving systems of healthcare, and creating policy change outside the healthcare system. In this qualitative study, we …

Ties That Do Not Bind: The Rules That Keep Lawyers And Accountants Separate, Lawrence A. Wesco

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Cognitive Dissonance Between The Rule Of Law And Rural Realities: Reading Gillian Hadfield’S Rules For A Flat World In The Context Of Rural Identity And Politics, Danielle M. Conway

Faculty Publications

Rural communities – as well as other marginalized communities – see their access to legal infrastructure declining, so much so that they feel disconnected from the rule of law. Current complex law and legal infrastructure focus on big “I” innovation, which is hyper-transactional and benefits the few. Rural communities, and others, would find law and legal infrastructure more relevant if they focused more on small “i” innovation, which centers on negotiating real, societal relationships.

Finding Their Feet: How Reentry Court Changes The Path Ofreturning Citizens In The District Of Minnesota, Katie Sreenan

Minnesota Journal of Law & Inequality

No abstract provided.

A Crisis In Care: Evaluating The Causes And Consequences Of Burnout Among Emergency Physicians, Michael Allyn Wiechart

All ETDs from UAB

For many physicians, the growing list of mandates and the unrelenting pace of change in today’s health care have taken a toll, leading to burnout. The consequences of burnout extend well beyond the impact on the individual provider, with physician burnout linked to a decrease in patient satisfaction, an increase in preventable medical errors, and increased levels of staff turnover. Consequently, the high rates of burnout reported among U.S. physicians might be considered not only as a symptom of dysfunction in the health care delivery system but also as a factor contributing to the dysfunction. While burnout exists to a …

The Problem Of The Faithless Principal: Fiduciary Theory And The Capacities Of Clients, W. Bradley Wendel

Penn State Law Review (2003 - Present)

Philosophers sometimes criticize the lawyer-client relationship for rendering the lawyer “at best systematically amoral.” Legal ethics theorists typically analyze the lawyer-client relationship in terms of role-differentiation or a separation of public and private moralities. But if we concentrate instead on the allocation of responsibility for decisionmaking within a fiduciary relationship, the idea of differentiation or separation of moral spheres falls away somewhat . This Article considers two issues raised by the allocation of moral responsibility within the lawyer-client relationship. First, why should the agency structure of the lawyer-client relationship, with its associated fiduciary duties, do anything to affect the moral …

Externships As A Vehicle For Teaching Access To Justice, Spring Miller

Vanderbilt Law School Faculty Publications

As a relatively new externship instructor, I spend a lot of time thinking about externships – what they mean for our students, what they add to the clinical curriculum and law school curriculum more broadly, and how best to conceptualize and make the most of these courses that constitute one of the most prevalent forms of experiential legal education.

Thanks to the work of experienced externship instructors and scholars, there are now a number of resources and articles exploring externships’ promise in promoting student learning with regard to lawyering skills and professional development. I have relied on many of these …

Government Respect For Human Rights And Their Relation To Shadow Economic Activity, Christopher Gahagan

Electronic Theses and Dissertations

Shadow economic activity can have detrimental effects on many aspects of a society including trust in government policies, quality of public institutions, government revenues, and economic growth. Empirical studies have generally employed a rational actor approach and focused on economic factors. Most studies in this literature claim that when individuals do not receive the right economic stimuli from the government, it damages the relationship between individuals and the state and citizens opt to move into the shadow economy. A small but growing body of research, however, suggests that certain political factors can also lead to shadow economic activity because of …

Donaldson V. Sonesta, Louisiana Circuit Court

Historical and Topical Legal Documents

No abstract provided.

Techno-Optimism & Access To The Legal System, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

For legal technologists, apps raise the prospect of putting the law in the hands of disadvantaged people who feel powerless to deal with their legal problems. These aspirations are heartening, but they rest on unrealistic assumptions about how people living in poverty deal with legal problems. People who are poor very rarely resort to the law to solve their problems. In the situations when they do seek solutions, they confront educational and material impediments to finding, understanding, and using online legal tools effectively. Literacy is a significant barrier. More than 15 percent of all adults living in the United States …

Powerful Speakers And Their Listeners, Helen Norton

Publications

In certain settings, law sometimes puts listeners first when their First Amendment interests collide with speakers’. And collide they often do. Sometimes speakers prefer to tell lies when their listeners thirst for the truth. Sometimes listeners hope that speakers will reveal their secrets, while those speakers resist disclosure. And at still other times, speakers seek to address certain listeners when those listeners long to be left alone. When speakers’ and listeners’ First Amendment interests collide, whose interests should prevail? Law sometimes – but not always – puts listeners’ interests first in settings outside of public discourse where those listeners have …

Sanctuary Networks, Pratheepan Gulasekaram, Rose Cuison Villazor

Publications

No abstract provided.

Digging Economics--Econ 200: Economics Essentials And Issues, Tammie Fischer

UNL Faculty Course Portfolios

This portfolio examines student engagement in Econ 200: Essentials of Economics course. Econ 200, a large lecture format, serves as a requirement for completing a minor in Business and fulfills the ACE 6 or 8 categories. Much discussion and research exist around the importance of student engagement in large lecture sections which can often be a challenge. Engagement is important in the process of increasing knowledge with added peer effects. At the same time, activities designed to increase engagement often come at a cost, both in terms of precious class time and to faculty in the form of additional grading. …

Please Don't Stop The Music: Using The Takings Clause To Protect Inmates' Digital Music, Amber M. Banks

Vanderbilt Journal of Entertainment & Technology Law

In prisons across the country, inmates are encouraged to participate in digital media programs. One in ten correctional facilities in the US has digital media programs in which inmates purchase both a device-such as an MP3 player or tablet-and content or services for the device-such as digital music-from a third-party vendor. Although fee structures vary, the facility or the state corrections department usually receives a commission on the revenue generated from inmates' purchases, thereby profiting off of each purchase that an inmate makes. As their contracts with third-party vendors end, state correctional departments may change vendors, either in search of …

Lev On The Links Between Legal Evolution, Political Change And Activism, Frank W. Munger

Articles & Chapters

This concluding chapter reflects on the contributions in this volume in light of Dan S. Lev’s work on legal evolution and political change. Munger highlights Lev’s admirable lifetime of academic-activism on Indonesian law. It is this mix of academic scholarship and practical advocacy that informs the chapters in this volume and orients the chapters towards Lev’s work as an example of scholarship infused with activism.

Are There Universal Standards For Network Neutrality?, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

The regulation of the Internet in general, and network neutrality in particular, has become a priority for many governments around the globe. The United States is no exception. It enacted new rules protecting net neutrality in 2015 and then famously undid them in 2017. Other countries similarly struggle to regulate net neutrality effectively, including Brazil, India and those that comprise the European Union. Most national debates of net neutrality policy tend to be fractious affairs. There is deep disagreement surrounding the best way to approach the issue. In previous work, I have shown how the design and implementation of net …

Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule

Faculty Publications

Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …

Professionally Responsible Artificial Intelligence, Michael Hatfield

Articles

As artificial intelligence (AI) developers produce more applications for professional use, how will we determine when the use is professionally responsible? One way to answer the question is to determine whether the AI augments the professional’s intelligence or whether it is used as a substitute for it. To augment the professional’s intelligence would be to make it greater, that is, to increase and improve the professional’s expertise. But a professional who substitutes artificial intelligence for his or her own puts both the professional role and the client at risk. The problem is developing guidance that encourages professionals to use AI …

Statute Of Limitations For Child Sexual Abuse Civil Lawsuits In Georgia, Emma Hetherington, Jean Mangan, Chase Lyndale, Michael Nunnally, Wilbanks Child Endangerment And Sexual Exploitation Clinic, University Of Georgia School Of Law

Scholarly Works

Only 29% of child sexual abuse reports result in criminal charges being filed. As a result, most states have enacted civil statutes of limitations to allow survivors to file claims both against abusers and also those who owed them a duty of care and knew or should have known about the abuse. In 2015 the Georgia legislature passed the Hidden Predator Act (HPA) to amend the state’s civil statute of limitations. Under the HPA, survivors of child sexual abuse that occurred prior to July 1, 2015 were given a two-year retroactive window under which to file claims against their abusers. …

Access To The Civil Court System For Survivors Of Child Sexual Abuse In Georgia: Observations And Recommendations From The Clinical Legal Education Experience, Emma M. Hetherington, Michael Nunnally

Scholarly Works

Founded in January 2016, the Wilbanks Child Endangerment and Sexual Exploitation Clinic (the CEASE Clinic) represents survivors of child sexual abuse in juvenile court dependency matters and civil litigation and is the first of its kind in the nation. The CEASE Clinic was established through a generous donation by Georgia Law alumnus Marlan Wilbanks (JD ‘84) in response to a new Georgia law known as the Hidden Predator Act (the HPA) that went into effect on July 1, 2015. The HPA extended the statute of limitations for civil claims arising out of acts of child sexual abuse by providing a …

Teaching Tomorrow’S Lawyers Through A (Semi-) Generalist, (Mostly-) Individual Client Poverty Law Clinic: Reflections On Five Years Of The Community Health Law Partnership, Jason A. Cade

Scholarly Works

Design options when starting a live-client clinic from scratch can be somewhat overwhelming. Should the clinic focus on systemic impact or individual representation? Appellate work or hearings? Should the clinic specialize or cover multiple legal issues? Another set of issues concerns how the clinic should find and accept its clients, and whether students should have a role in the intake process. The list of choices goes on. In this Essay, written for the Georgia Law Review’s Online Issue celebrating 50 years of clinics at the University of Georgia School of Law, I describe how I have navigated these and other …

New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler

Faculty Scholarship

By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article explores the role that administrative constitutionalism played in the development of the American national-security state, a state that became both more powerful and more legalistic during the pivotal years of the Cold War. The Article also questions the frequent identification of administrative constitutionalism with the relative autonomy and opacity of the federal bureaucracy. The back-and-forth of administrative constitutionalism continually recalibrated the degree of autonomy and opacity that characterized the draft apparatus. This evidence suggests that bureaucratic autonomy and opacity may …

Building Bridges: Examining Race And Privilege In Community Economic Development: Introductory Overview, Priya Baskaran, Renee Hatcher, Lynnise E. Pantin

Faculty Scholarship

The country has been in economic recovery since the Great Recession in 2007. Home prices have since stabilized after the mortgage and foreclosure crisis that followed the Recession. In late 2017, the federal government passed the Tax Cuts and Jobs Act, leading to a surge in corporate earnings. As of the time of this writing, major stock indicators are at all-time highs, and interest rates are low. But corporate indicators and interest rates do not paint the entire picture. Most of the economic recovery is in affluent, predominately white parts of the country, while distressed areas inhabited by people of …