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Continuum: Volume 43 (Winter 2019), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Special Report - From Start-Up To Scale-Up: A Report On The Innovation Clinic In Canada, Giuseppina D'Agostino

Commissioned Reports, Studies and Public Policy Documents

Intellectual property (IP) legal clinics play a crucial role in helping Canadian inventors and entrepreneurs bring their inventions to market while strengthening the foundations of the country’s innovation ecosystem. IP legal clinics provide pro bono IP information and assistance to under-resourced inventors who are not served by the profession. At the same time, when based at law schools, these clinics provide experiential learning opportunities to law students who want to work in the IP profession, which contributes to their career development and increases their legal and interpersonal acumen. These client and student-facing goals improve the ability of Canadians to recognize, …

Doing Justice: Judging And Jewish Values, Judith Bartnoff

American University Law Review

No abstract provided.

Rightful Compensation For A Wrongful Conviction: In Defense Of A Compensation Statute In The State Of Wyoming, Meridith J. Heneage

Wyoming Law Review

No abstract provided.

Transforming Deportation Defense: Lessons Learned From The Nation’S First Public Defender Program For Detained Immigrants, Talia Peleg, Ruben Loyo

City University of New York Law Review

The unprecedented pace of deportations in recent years has led to increased investment, at the local level, in the provision of high volume legal services to immigrants facing deportation. Each investment in greater legal representation of noncitizens offers unique opportunities to raise the bar in a practice area that has been plagued by low quality representation and to experiment with institutional design as the immigration system slowly but surely moves toward a civil Gideon system. This paper takes a look at questions of institutional design and attorney practice norms within the context of the New York Immigrant Family Unity Project …

In Code(Rs) We Trust: Software Developers As Fiduciaries In Public Blockchains, Angela Walch

Faculty Articles

A decade into Bitcoin's existence, governance questions around it and other public blockchains abound. Do these 'decentralized' structures even have governance? If so, what does it look like? Who has power, and how is it channeled or constrained? Are power structures implicit or explicit? How can we improve upon the ad hoc governance structures of early blockchains? ls ‘on-chain governance,’ like that proposed by Tezos and others, the path forward?

In August 2016, in the aftermath of the DAO theft and resulting Ethereum hard fork, I argued in American Banker that the core developers and significant miners of public blockchains …

The Curious Incident Of The Falling Win Rate: Individual Vs System-Level Justification And The Rule Of Law, Peter Siegelman, Alexandra Lahav

Faculty Articles and Papers

For forty quarters starting in 1985, the plaintiff win rate in adjudicated civil cases in federal courts fell almost continuously, from 70% to 30%, where it remained - albeit with increased volatility - for the next twenty years. This Essay explores the reasons for this decline and the need for systemic explanations for the phenomenon. Approximately 60% of the fall could be attributable to the changing makeup of the federal docket, but that leaves 40% of the fall (that is, a win rate decline of 14 percentage points over a ten year period) unaccounted for. We show that the most …

Antitrust As Speech Control, Hillary Greene, Dennis A. Yao

Faculty Articles and Papers

Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might expect. This Article examines the interface between those regimes while recasting antitrust thinking in terms of speech control.

Our review of the antitrust-First Amendment legal landscape focuses on the role of speech control. It reveals that while First Amendment issues are explicitly addressed relatively infrequently within antitrust decisions that is, in part, because certain …

The Rise Of The Creative Law School, Gregory W. Bowman

Faculty & Staff Scholarship

No abstract provided.

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, The Honorable Douglas S. Lang, Rachel A. Campbell

SMU Annual Texas Survey

No abstract provided.

Professor Maureen Armour, Jennifer M. Collins

SMU Law Review

No abstract provided.

In Honor Of A Lifetime Of Justice Work, William Holston

SMU Law Review

No abstract provided.

Professor Maureen Noble Armour: The Last Lawyer In Town, Jake Torres

SMU Law Review

No abstract provided.

Myth Of The Attorney Whistleblower, Carliss N. Chatman

SMU Law Review

Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Con- duct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer and in the Model Rules of Professional Con- duct are effective. When faced with attorney involvement in Enron, Congress passed § 307 of the Sarbanes Oxley Act (Sarbanes), which required the Securities and Exchange Commission (SEC) to amend its standards governing the conduct of attorneys practicing before the SEC. In response, the SEC and the American …

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

Faculty Publications

No abstract provided.

Immigrant Women In The Shadow Of #Metoo, Nicole Hallett

University of Baltimore Law Review

No abstract provided.

Unfamiliar Justice: Indigent Criminal Defendants' Experiences With Civil Legal Needs, Lauren Sudeall, Ruth Richardson

Faculty Publications By Year

Our legal system - and much of the research conducted on that system - often separates people and issues into civil and criminal silos. However, those two worlds intersect and influence one another in important ways. The qualitative empirical study that forms the basis of this Article bridges the civil-criminal divide by exploring the life circumstances and events of public defender clients to determine how they experience and respond to civil legal problems.

To date, studies addressing civil legal needs more generally have not focused on those individuals enmeshed with the criminal justice system, even though that group offers a …

Integrating The Access To Justice Movement, Lauren Sudeall

Faculty Publications By Year

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement—who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define “justice,” and whether it would apply only to the civil justice system. Although the phrase “access to justice” is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in that interpretation is an opportunity to engage in a …

Is State Preemption Weakening The Authoritarian Resilience Of Local Government In The United States?, Julian C. Juergensmeyer, Andrew F. Prater

Faculty Publications By Year

In many countries in the world today democratic institutions and ideals seem threatened. Due process, equal protection, freedom of speech, freedom of the press, the right to vote, and other democratic ideals are deeply ingrained in US culture and government. Traditionally, the federal government is thought to be the guardian of these rights, ensuring that state governments adhere to the rule of law established by our written constitution. Similarly, state governments are thought to uphold these democratic ideals vis a vis local governments. The American system of checks and balances and separation of powers and the resulting interplay between the …

Simplified Courts Can't Solve Inequality, Colleen Shanahan, Anna Carpenter

Faculty Articles

State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the …

They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover

Law Student Publications

Many have hailed the #MeToo Movement as a turning point in the way this country discusses sexual assault and sexual harassment, but when looking at the #MeToo Movement through the lens of Supreme Court nominations, it is unclear whether the impact of the Movement will be as farreaching as some imagine. The hearing of Anita Hill, which came before the #MeToo Movement, and the hearing of Dr. Christine Blasey Ford, which came after the #MeToo Movement, perhaps demonstrate that the #MeToo Movement has reached its limit culturally and now institutional change must be the focus in order for the goals …

Black Market Law Firms, Casey E. Faucon

Articles

In business and in competition, value exists in striking first. Accountants, the so- called hawks of the professional world, have made the first move. In September 217, the global accounting giant PwC opened a law firm in Washington, D.C. called ILC Legal. ILC Legal not only provides legal services on non-domestic matters, but also acts as a multidisciplinary provider (MDP) and offers other professional services, such as tax-planning, business consulting, and marketing, throughout its ninety-country network. In June 218, Deloitte quickly followed suit, the second of the Big Four accounting firms to enter the U.S. MDP market, partnering with a …

When Lawyers Screw Up, Leslie Levin

Faculty Articles and Papers

In their book When Lawyers Screw Up: Improving Access to Justice for Legal Malpractice Victims, Herbert Kritzer and Neil Vidmar significantly advance our understanding of these issues. They provide a detailed portrait of lawyer malpractice in the United States and demonstrate why it is so hard for victims to recover damages. Theirs is not an easy undertaking. Legal malpractice often goes undetected. Even when a client learns of lawyer malpractice, the problem is sometimes resolved informally without notifying the LPL insurer of a possible claim.

The authors focus mainly on what can be learned about legal malpractice from malpractice …

Administrators

Catholic University Law Review

No abstract provided.

Aba Model Rule 8.4(G) In The States, Josh Blackman

Catholic University Law Review

This essay will provide a brief overview of how the states have responded to

ABA Model Rule 8.4(g). Part I reviews opinions from four state attorneys

general who concluded that the rule is unconstitutional: Texas, South Carolina,

Louisiana, and Tennessee. Part II discusses the states that considered the rule

with modifications. Part III reviews the states that considered Rule 8.4(g) as

drafted. So far, only one state adopted the rule: Vermont. However, the process

is still not over, and other states are currently considering the rule.

Legal Education: A New Growth Vision: Part Iii—The Path Forward: Being Both Human And Digital, Hilary G. Escajeda

Nebraska Law Review

In the decades ahead, innovative and status quo–breaking law schools will leverage and combine multidisciplinary, multigenerational human expertise with digital platform and artificial intelligence (AI) technologies to create vibrant legal education ecosystems. These combinations will deliver market-valued knowledge and skill transfer and development services that are high-quality, cost-effective, omnichannel, pedagogically sound, data-validated, personalized, on-demand or just-in-time, and multiformat (e.g., hybrid, HyFlex, digitalfirst, digital-live, etc.).

Modern business models (e.g., platform and open) will provide these future-focused law schools with solid foundations for reimagining legal education. These agile, shape-shifting programs are also likely to discover diverse revenue opportunities by offering complementary services …

Annual Report, Fiscal Year 2018-2019, Tennessee. Department Of Safety And Homeland Security

Annual Reports

This document is the annual report for the Tennessee Department of Safety and Homeland Security during the fiscal year.

Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff

Touro Law Review

No abstract provided.

Political Lawyering For The 21st Century, Deborah N. Archer

Faculty Articles

Legal education purports to prepare the next generation of lawyers capable of tackling the urgent and complex social justice challenges of our time. But law schools are failing in that public promise. Clinical education offers the best opportunity to overcome those failings by teaching the skills lawyers need to tackle systemic and interlocking legal and social problems. But too often even clinical education falls short: it adheres to conventional pedagogical methodologies that are overly narrow and, in the end, limit students’ abilities to manage today’s complex racial and social justice issues. This Article contends that clinical education needs to embrace …

Massachusetts Community Mediation Center Grant Program: Fiscal Year 2019 Report & Evaluation, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Massachusetts Office of Public Collaboration Publications

In Fiscal Year 2019, the Community Mediation Center Grant Program continued to make progress in implementing its mission to increase public access to community mediation in Massachusetts. Out of an appropriation of $990,000, operational funds amounting to $785,600 were distributed to 12 community mediation centers that did their part to advance public access to community mediation throughout Massachusetts. Notwithstanding a small decline of 1.6% in demand for services, in FY 2019, centers handled over 4,000 cases – 82% of which were court-referred and 18% were non-court-referred – that involved an estimated 8,000 parties, who hailed from cities and towns throughout …