Digital Commons Network^™

Children In Limbo: The Need For Maximum Limits For Juvenile Pretrial Detention, Rebecca Rosefelt

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Students In A Menu Of Degrees Providing Context For Understanding And Learning The Transactional Attorney's Role, 20 Transactions: Tenn. J. Bus. L. 627 (2019), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

'What Use Is Poetry?' Excavating Tongues Of Justice Around Navtej Singh Johar V. Union Of India, Kalpana Kannabiran

National Law School of India Review

The Supreme Court of India, in Navtej Singh Johar v. Union of India, read down Section 377 Indian Penal Code (‘S. 377’), decriminalizing sexual relations between consenting adults, irrespective of sexual orientation or gender identity. This marks the culmination of a long struggle for the rights of queer peoples in India and sets up several signposts for a transformative constitutionalism that bear recall. The judicial discourse on the category of “sex” in Johar points us towards pathways to historicise law as a site of cultural production. This essay looks at interpretive strategies, sources, intellectual and constitutional histories that Johar draws …

Hope For The Homeless: The Case Of Rohingyas, Dr. Ashwini Kumar

National Law School of India Review

Thousands of Rohingyas, who faced persecution and genocide in Myanmar, are seeking refuge in India. The Government of India has declared them as illegal immigrants and ordered their deportation. This article argues that the government has erred in declaring the Rohingyas as illegal immigrants and supports the case for granting them asylum. It argues that India is bound by the principle of non-refoulement as it is an established principle of international humanitarian law. It further relies on the Supreme Court’s human rights jurisprudence to argue that the principle of non-refoulement is a constitutional obligation on the government. The article further …

Lawyering For Social Enterprise, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Crafting Fee-Shifting Policy, Benjamin P. Edward

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Should Robots Prosecute And Defend?, Stephen E. Henderson

Faculty Articles

Even when we achieve the ‘holy grail’ of artificial intelligence—machine intelligence that is at least as smart as a human being in every area of thought—there may be classes of decisions for which it is intrinsically important to retain a human in the loop. On the common account of American criminal adjudication, the role of prosecutor seems to include such decisions given the largely unreviewable declination authority, whereas the role of defense counsel would seem fully susceptible of automation. And even for the prosecutor, the benefits of automation might outweigh the intrinsic decision-making loss, given that the ultimate decision—by judge …

Universities As Vehicles For Immigrant Integration, Kit Johnson

Faculty Articles

This Essay discusses how universities could play a productive role in helping potential future U.S. citizens feel a sense of belonging to the United States. This discussion is prompted by, and is offered as a reaction to, Chapter Four of Professor Ming Hsu Chen’s forthcoming book, Constructing Citizenship for Noncitizens. In that chapter, Professor Chen focuses on the “blocked pathways to citizenship” experienced by international students, temporary workers, and DACA recipients in the United States. Professor Chen notes that these three groups of noncitizens share a common thread of status insecurity, and she explores how this challenges their integration into …

Institutional Independence: Lawyers And The Administrative State, Melissa Mortazavi

Faculty Articles

The institutional structure where federal government lawyers practice is fraught with political and economic pressures that undermine the ability of lawyers to exercise independent professional judgment. A lack of candid legal advice in this space not only removes a pivotal fail-safe between legal and illegal state action but also precariously imbalances the powerful administrative state, exposing it to undue political influence. For these reasons, this Article argues that structural changes to administrative institutions must be made to support and nurture lawyers’ ability to independently determine the bounds of legality. Previous scholarship has examined the role of professional independence for lawyers …

The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General) Case Comments

UBC Law Review

No abstract provided.

2019 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

In Memoriam: The Canadian Research Institute For Law And The Family, 1987–2018, John-Paul E. Boyd

Canadian Journal of Family Law

No abstract provided.

All Families Are Equal, But Do Some Matter More Than Others? How Gender, Poverty, And Domestic Violence Put Quebec's Family Law Reform To The Test, Suzanne Zaccour

Canadian Journal of Family Law

Who needs family law? While it is tempting to answer “everyone”, the stakes are not the same for all. I propose to evaluate family law rules in terms of how they address high-stakes situations—that is, the condition of vulnerable women. Thus, the test of good family law should be how well it deals with poverty and domestic violence, factors that directly constrain women’s ability to negotiate fair outcomes.

To explore this method, I take the example of a recent proposal, developed by Alain Roy’s reform committee (the “Comité consultatif sur le droit de la famille”), and regarding which the Quebec …

Hong Kong's Children Proceedings (Parental Responsibility) Bill: Comparative Family Law Reform And Multidisciplinary Collaboration, Katherine Lynch

Canadian Journal of Family Law

Many comprehensive reviews of family justice systems have been undertaken in common law jurisdictions over the past 20 years, all seeking to provide more meaningful affordable access to justice for families and children. Hong Kong is also under pressure to enact legislative reforms originally proposed in 2002-2005 which deal with children’s matters and more broadly, with family and matrimonial issues. Legislative reform was anticipated when the Government announced the long awaited Children’s Proceedings (Parental Responsibility) Bill (“Children’s Bill”) in 2015. After significant public consultation, however, the Government announced in 2018 that it would delay implementation of this draft legislation. Unfortunately, …

The Future Of The New International Tax Regime: Panel Ii, Jeffrey Colon, Richard Phillips, Danielle Rolfes, H. David Rosenbloom, Stephen Shay

Faculty Articles

This symposium, the 2018 Fordham Journal of Corporate & Financial Law Symposium: “The Future of the New International Tax Regime” was held at Fordham University School of Law on October 26, 2018.

Csbs Statements, V21, 2019, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

-- College Features
-- College Updates
-- Student Highlights
-- Alumni Spotlight
-- Thank you

Panel Discussion: “Unleashing The Giant: Voter Registration & Civic Engagement”, Csusb - Latino Education And Advocacy Days (Lead)

Latino Education and Advocacy Days (LEAD) Video Recordings

No abstract provided.

What We Know And Need To Know About Global Lawyer Regulation, Carole Silver

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Legal Procurement, Silvia Hodges Silverstein

South Carolina Law Review

No abstract provided.

Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger

Faculty Scholarship

This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.

Ethical Challenges In The Role Of In-House Counsel, Hugh Gunz, Sally Gunz

Case Western Reserve Law Review

No abstract provided.

A Eulogy For Vusl, Bruce Berner

Valparaiso University Law Review

No abstract provided.

The Significance Of Closing Vuls, Ivan Bodensteiner

Valparaiso University Law Review

No abstract provided.

I Was So Much Older Then/I'M Younger Than That Now: Valedictory Notes And Collage, Frank Pommersheim

South Dakota Law Review

No abstract provided.

Nova Law Review Full Issue Volume 44, Issue 1

Nova Law Review

No abstract provided.

Wills Formalities In The Twenty-First Century, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Individuals have executed wills the same way for centuries. But over time, traditional requirements have relaxed. This Article makes two principal claims, both of which disrupt fundamental assumptions about the purposes and functions of wills formalities. First, the traditional requirements that a will must be in writing and signed by the testator in the presence of (or acknowledged before) witnesses have never adequately served their stated purposes. For that reason, strict compliance with formalities cannot be justified by their cautionary, protective, evidentiary, and channeling functions. Reducing or eliminating most of the long-standing requirements for execution of a will is consistent …

References To Television Shows In Judicial Opinions And Written Advocacy (Part I), Douglas E. Abrams

Faculty Publications

No abstract provided.

Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson

Faculty Scholarship

Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, …

Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Larson

Faculty Scholarship

For the past two and one-third years I have had the pleasure of working with the New York State Unified Court System to design and implement an online dispute resolution (ODR) platform. It truly has been an interesting, educational, at times character-building, and ultimately tremendously valuable experience. This article will share specific design components from the ODR platforms we proposed as well as some of the critical lessons I learned. The hope is that it will be helpful to those either contemplating, or in the process of implementing, a court integrated ODR system.

The Family Office Rule: A Re-Examination, Kevin Asencio

Journal of Legislation

No abstract provided.