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2019

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Articles 1231 - 1259 of 1259

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Joint Dedication To Professor Emeritus Christine Hutton & Justice Glen A. Severson, Barry R. Vickrey, Susan M. Sabers, Wendy Hess, Jonathan K. Van Patten, Frank Pommersheim, David E. Gilbertson, Lori S. Wilbur, Michelle Stratton, Jennifer Williams Jan 2019

Joint Dedication To Professor Emeritus Christine Hutton & Justice Glen A. Severson, Barry R. Vickrey, Susan M. Sabers, Wendy Hess, Jonathan K. Van Patten, Frank Pommersheim, David E. Gilbertson, Lori S. Wilbur, Michelle Stratton, Jennifer Williams

South Dakota Law Review

No abstract provided.


At The Sturgis Rally: A Story, Jonathan K. Van Patten Jan 2019

At The Sturgis Rally: A Story, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.


Zoning, Race, And Marijuana: The Unintended Consequences Of Proposition 64, Alexis Holmes Jan 2019

Zoning, Race, And Marijuana: The Unintended Consequences Of Proposition 64, Alexis Holmes

Lewis & Clark Law Review

This Article revisits the campaign to legalize cannabis in California with Proposition 64. It then dissects the localism within the new California regulations and how it conflicts with the social justice goals central to the spirit of Proposition 64’s passage. With local governments retaining control over marijuana in their jurisdictions, land use takes on new importance with respect to how marijuana will be controlled. The problem is that the land use system, like the criminal law apparatus, has yet to overcome systemic racism that is inherently part of its design. Proposition 64 wrongly relied on local control to regulate marijuana …


Osgoode Syllabus Of Courses And Seminars: 2019 - 2020, Office Of Student Services Jan 2019

Osgoode Syllabus Of Courses And Seminars: 2019 - 2020, Office Of Student Services

Syllabi

No abstract provided.


The Convergence Of Adr And Odr Within The Courts: The Impact On Access To Justice, Dorcas Quek Anderson Jan 2019

The Convergence Of Adr And Odr Within The Courts: The Impact On Access To Justice, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The complexion of justicewithin many judiciaries has changed dramatically through the influence of twoglobal movements – the modern alternative dispute resolution (ADR) movement andthe more recent development of online dispute resolution (ODR). The former waveled to the creation of multi-door courthouses, court-annexed mediationprogrammes and innovations such as judicial settlement conferences. In the last decade, the rapid growth of ODRhas precipitated more changes in the administration of justice. Online courts have been designed in Englandand Wales (the Online Solutions Court suggested by Lord Briggs) and BritishColumbia (the Civil Resolution Tribunal). This paper discusses theimpact of the ADR and ODR waves on …


Abolish Ice . . . And Then What?, Peter L. Markowitz Jan 2019

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …


The Case For An Affirmative Consent Provision In Rape Law, Eric Sandoval Jan 2019

The Case For An Affirmative Consent Provision In Rape Law, Eric Sandoval

North Dakota Law Review

No abstract provided.


Graduate Survey, 2018-2019, Hart Career Center, Illinois Wesleyan University Jan 2019

Graduate Survey, 2018-2019, Hart Career Center, Illinois Wesleyan University

First Destination Survey

No abstract provided.


Rethinking Global-Regulation: World’S Law Meets Artificial Intelligence, Nachshon Sean Goltz, Addison Cameron-Huff, Giulia Dondoli Jan 2019

Rethinking Global-Regulation: World’S Law Meets Artificial Intelligence, Nachshon Sean Goltz, Addison Cameron-Huff, Giulia Dondoli

Research outputs 2014 to 2021

This article takes a critical look at Machine Translation of legal text, especially global legislation, through the discussion of Global-Regulation, a state of the art online search engine of the world’s legislation in English. Part 2 explains the rationale for an online platform such as Global-Regulation. Part 3 provides a brief account of the history of the development of machine translation, and it describes some of the limits of the use of statistical machine translation for translating legal texts. Part 4 describes Neural Machine Translation (NMT), which is a new generation of machine translation systems. Finally, Parts 5 and 6 …


Summary Of The Proceedings, Scott F. Norberg Jan 2019

Summary Of The Proceedings, Scott F. Norberg

FIU Law Review

No abstract provided.


The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow, Bernard A. Burk Jan 2019

The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow, Bernard A. Burk

FIU Law Review

No abstract provided.


Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner Jan 2019

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

FIU Law Review

No abstract provided.


Community Lawyering And The Immigration Project: An Ethnographic Study Of Charlotte Alvarez, Kathryn Jefferson Jan 2019

Community Lawyering And The Immigration Project: An Ethnographic Study Of Charlotte Alvarez, Kathryn Jefferson

Outstanding Ethnographic Research Projects

Charlotte Alvarez, executive director of the Immigration Project, spends a majority of her time dealing with the consequences of immigration reform on her clients and community. She lives in Bloomington-Normal and splits her time working in the Normal, Champaign, and other satellite offices throughout the state. In addition to immigration, Alvarez is concerned with raising her child bilingually and biculturally. She wants her daughter to grow up being able to communicate with her paternal grandparents and to feel comfortable with both sides of her heritage. Her organization, the Immigration Project works in central and southern Illinois to provide legal services …


A Study Of Non-Profit Leaders' Risk-Taking Propensity And Managerial Leadership Styles, Younis Q. Al Hassan Jan 2019

A Study Of Non-Profit Leaders' Risk-Taking Propensity And Managerial Leadership Styles, Younis Q. Al Hassan

Dissertations and Theses @ UNI

Risks are an inherent part of life and in nonprofit organizations (NPOs) in particular. Nonprofit organizations struggle to respond to changes imposed by external and internal environmental influences. These influences revolve around the myriad social, cultural, political, environmental, and economic changes and their attendant challenges. The NPOs now face yet another challenge, which is a significant managerial leadership deficit. The purpose of this quantitative study is to examine whether nonprofit leaders’ risk-taking propensity (RTP) is associated with their managerial leadership styles (MLS). Furthermore, the study will examine if age, gender, level of education, size of an organization, and number of …


Proceedings Of The One Hundred Twentieth Annual Meeting Of The North Dakota State Bar Association, North Dakota Law Review Associate Editors Jan 2019

Proceedings Of The One Hundred Twentieth Annual Meeting Of The North Dakota State Bar Association, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.


Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte Jan 2019

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Touro Law Review

No abstract provided.


Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine Jan 2019

Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine

Scholarly Works

This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that courts have both the authority and the ability to exercise effective disciplinary review of charging decisions through the adoption of ethics rules and their enforcement in the disciplinary process. This Essay takes the next step in the project, considering the nature of rules that courts might adopt, by exploring potential rules targeting two improprieties: arbitrary and capricious charging decisions, and discriminatory charging decisions.


Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Jorge R. Roig, Saru M. Matambanadzo, Sheila I. Vélez-Martínez Jan 2019

Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Jorge R. Roig, Saru M. Matambanadzo, Sheila I. Vélez-Martínez

Scholarly Works

In this Foreword, we strive to contextualize “LatCrit XXI: What’s Next?” against the backdrop of two crises: the current political crisis in the United States and the continuing crisis of scarcity that impacts the legal academy. Through an examination of these crises, we will reveal how LatCrit scholars, in their efforts to build community and in their commitment to critical outsider scholarship, are part of the constellations of resistance that struggle against el mundo malo. We will argue that LatCrit has become a necessary institution for those seeking to engage in persistent resistance and dissent in the critical and progressive …


Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong Jan 2019

Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong

Faculty Scholarship

There are consistent messages to people of color about their proper place in
/="/">society, which has always been a really important tool for maintaining and
/="/">advancing white supremacy. Referring back to what Professor Haney-Lopez
/="/">asserted earlier today, in today’s post-civil rights society, few people would
/="/">argue in favor of segregation in racial terms explicitly so. And few people would
/="/">assert that Blacks, for example, do not belong in certain places. However,
/="/">opponents of affirmative action have begun to articulate a form of these
/="/">arguments as an add-on to the mismatch theory. In the …


Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter, Stephen A. Rosenbaum, Danielle Pelfrey Duryea Jan 2019

Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter, Stephen A. Rosenbaum, Danielle Pelfrey Duryea

Faculty Scholarship

Social justice lawyers come to the profession intending to make a difference through the instruments of law. And gloriously, they often make a difference in people’s lives for the better. They make our world a more just, compassionate, and tolerant place. But there is no denying that, in poverty law practice, legal success can be illusive, ephemeral, or perhaps a mirage. How does that lawyer feel when the legal remedies at her disposal, even if “successful,” fail to mitigate the injustices suffered by her clients? Are there definitions of professional satisfaction and success that are enduring, even if legal success …


The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed Jan 2019

The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed

Faculty Scholarship

In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.1 Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. 2 After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. 3 The EO announced that Immigration and Customs Enforcement …


Consumer Satisfaction With Aging & Disability Resource Connection Of Oregon: Round 6, Diana L. White, Allyson Stodola Jan 2019

Consumer Satisfaction With Aging & Disability Resource Connection Of Oregon: Round 6, Diana L. White, Allyson Stodola

Institute on Aging Publications

This report describes findings from the sixth consumer satisfaction survey conducted with consumers or family members who are served by the Aging and Disability Resource Connection (ADRC) of Oregon, focusing on Call Center staff (or Information, Referral and Assistance; IR&A) and recipients of options counseling services. The Institute on Aging at Portland State University directed the project, partnering with Washington State University Social & Economic Research Center, who conducted the telephone survey between February 27 and April 5, 2019.


Ethical Issues In Robo-Lawyering: The Need For Guidance On Developing And Using Artificial Intelligence In The Practice Of Law, Drew Simshaw Jan 2019

Ethical Issues In Robo-Lawyering: The Need For Guidance On Developing And Using Artificial Intelligence In The Practice Of Law, Drew Simshaw

UC Law Journal

As in many other industries, artificial intelligence (“AI”) is poised to drastically transform the legal services landscape. “Bots,” automated expert systems, and predictive analytics are already changing the way consumers seek, and lawyers provide, legal services. Among other impacts, AI has the potential to increase access to justice in the self-help, individual, and corporate law firm markets by lowering costs and expanding services to untapped markets. A prominent question in early literature on AI in law is whether these services constitute the unauthorized practice of law. Threshold questions of whether and by whom such services should be regulated are important, …


State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon Jan 2019

State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon

Journal of Dispute Resolution

No abstract provided.


Contracting Around The Hague Service Convention, John F. Coyle, Robin J. Effron, Maggie Gardner Jan 2019

Contracting Around The Hague Service Convention, John F. Coyle, Robin J. Effron, Maggie Gardner

Faculty Publications

When a plaintiff wishes to commence an action against a non-resident foreign defendant in an American forum, it may need to serve that defendant with process abroad. The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or “Convention”) provides a mechanism for achieving that goal. Under the terms of this treaty — which has been ratified by 75 nations — each signatory is required to maintain a central authority that will serve process upon local defendants at the request of U.S. plaintiffs. In practice, however, the act of serving process …


Constructing More Reliable Law And Policy: The Potential Benefits Of The Underused Delphi Method, Juan Bataller-Grau, Elies Segui-Mas, Javier Vercher-Moll, Jeffrey W. Stempel Jan 2019

Constructing More Reliable Law And Policy: The Potential Benefits Of The Underused Delphi Method, Juan Bataller-Grau, Elies Segui-Mas, Javier Vercher-Moll, Jeffrey W. Stempel

Scholarly Works

Law has long aspired to achieve status as a science. A central theme of much legal philosophy has been the quest for legal doctrine to become more like scientific axioms or findings produced through a scientific inquiry. Considerable debate has surrounded the issue. Part of the legal profession sees the question of law's science status as doomed to failure and regards law as a distinct type of discipline. Others in the legal profession are attracted to the aspiration but express doubt regarding whether the methods that the legal doctrine has traditionally employed can achieve the greater apparent rigor of the …


Calling For A Community Economic Development Code Of Ethics, Michele Alexandre, Patience A. Crowder, Audrey Mcfarlane Jan 2019

Calling For A Community Economic Development Code Of Ethics, Michele Alexandre, Patience A. Crowder, Audrey Mcfarlane

Scholarly Works

No abstract provided.


Consultants, The Environment, And The Law, Dave Owen Jan 2019

Consultants, The Environment, And The Law, Dave Owen

Faculty Scholarship

Conventional wisdom assumes that private-sector businesses will oppose, undermine, or distort government regulation. That assumption also underpins many areas of theoretical inquiry; theorists commonly assume that effective public-law regimes must be protected from the self-interested machinations of businesses, or that such protection is such a lost cause that most public regulation is doomed to fail. This Article investigates a different set of relationships between businesses and regulation. It does so by using the environmental consulting industry, which helps businesses and governments comply with environmental regulations, as a case study. An empirical inquiry into two subfields of the industry reveals that …


St. Louis Vacancy Collaborative: 2019-2021 Work Plan, Dana M. Malkus Jan 2019

St. Louis Vacancy Collaborative: 2019-2021 Work Plan, Dana M. Malkus

All Faculty Scholarship

Our City has a serious vacant property challenge. To effectively address vacancy, we must understand and respond to the factors that cause and perpetuate it. Much of the story of vacancy in our city, like other cities, includes a legacy of racism, disinvestment, and disengagement that has led to a breakdown in trust. We know that vacancy can result from incomplete foreclosure, bankruptcy, prolonged probate or lack of proper probate, investors with little incentive to care, judgment proof owners, bank ownership, lack of resources to repair or redevelop, lack of value, the foreclosure crisis, sprawl and weak markets.1 In …