Digital Commons Network^™

Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer

Articles & Chapters

Professor Scherer's talk starts on page 245

Relationship Between Economy, Education, Population, Healthcare And Prevalence Of Hiv/Aids In Nigeria, Bernard Odelola

All Graduate Theses, Dissertations, and Other Capstone Projects

HIV/AIDS has been described as one of the deadliest epidemics of our lifetime. With the global efforts to scale down the effect of this disease through innovative programs, scientific researches and medical advancement, little success has been recorded in least developed nations. Nigeria is still one of the nations that is yet to achieve huge success in the fight against HIV/AIDS and meet Millennium Development Goal on HIV. Arguably, government needs to intensify more efforts in searching for factors that increase the prevalence of the disease.

To further understand the epidemic, this thesis is designed to study and answer research …

A Systematic Review Of The Literature: Defining Child Sex Trafficking, Chelseanne Luella Davidson

All Graduate Theses, Dissertations, and Other Capstone Projects

Depression, anxiety, and other comorbid psychological conditions are commonly found in child sex trafficking victims (Basson et al., 2012; Cole et al., 2016; Cook et al., 2018; Hargreaves-Cormany & Patterson, 2016; Hossain et al., 2010; Hopper, 2017; Middleton et al., 2018; Pierce, 2012; Reid, 2018; Shaw et al., 2017). Given the likelihood that mental health professionals may encounter victims of child sex trafficking, it is necessary to have a comprehensive and universal understanding of sex trafficking in order to most effectively address victims’ needs through evidence-based practices and inventions. The purpose of this study was to gain a more informed …

Ethical Compass: Celebration, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Let’s raise our glasses to toast our esteemed Chief Judge, the Honorable Janet DiFiore, for making Presumptive ADR a central part of the New York Office of Court Administration’s civil case management. In her February 26, 2019 State of the Judiciary Address, Chief Judge Janet DiFiore announced that the New York Office of Court Administration is formally adopting Presumptive ADR. Although all ADR processes such as settlement conferences, negotiations, arbitration and early neutral evaluation may be used to help settle cases, a focus will be on mediation. Presumptive ADR will apply to almost all civil cases filed in New …

Arbitration Law Update: 2019–2020 (July 2020), Scott Eichorn, Elissa Germaine

Faculty Publications

(Excerpt)

This article summarizes leading arbitration cases during the last year that are of particular relevance to the securities arbitration practitioner, as well as cases on the horizon for the coming year. The decided cases focus on class arbitration, arbitrability, customer identification, discovery abuse, grounds to modify arbitration awards, enforceability of arbitration agreements, and challenges to Regulation Best Interest. The upcoming cases focus on class arbitration and arbitrability.

Academic Law Library Director Status Since The Great Recession: Strengthened, Maintained, Or Degraded?, Elizabeth G. Adelman, Karen L. Shephard, Richard J. Patti, Robert M. Adelman

Journal Articles

The status of the academic law library director is central to the educational mission of the law library. We collected data from 2006 to 2016 showing a 25 percent decrease in tenure-track directorships. We also found one in four changes in directorships since 2013 resulted in the new director having a degraded status compared to her predecessor.

Beyond Policing, India Thusi

Books & Book Chapters by Maurer Faculty

We all deserve to live in communities where we feel safe

And true community safety means feeling safe from violence by the state, which includes the police. Social inequity has systematically and institutionally permeated our country since its founding, becoming more visible at various times in our history. We are now living in one of those moments of tremendous clarity, and it calls on us to look deeply at the efficacy of the reforms and narratives which preceded it . The deadly consequences of political decisions that create health disparities are now a wound that cannot be unseen as the …

Give Me Your Tired, Your Poor (Unless They Are From “One Of Three Mexican Countries”): Unaccompanied Children And The Humanitarian Crisis At The U.S. Southern Border, Samantha R. Bentley

University of Richmond Law Review

This Comment argues that the United States’s response to the humanitarian crisis at its border is wholly inadequate. It argues that the government chose to advance two policies, Zero Tolerance and Family Separation, that exacerbated the humanitarian crisis at the border. These policies facilitated practices that violated domestic and international law. Most importantly, this Comment argues that the United States government traumatized one of the most vulnerable groups of people in the world: children.

Estimating The Size Of The Shadow Economy In The Kingdom Of Saudi Arabia, Ali Alsubaie

Wayne State University Dissertations

The shadow economy (SE), as unreported economic activity, is a challenge for researchers and policymakers worldwide because of its size, consequences for economic development, and the difficulty of evaluating it. This dissertation makes an original contribution to SE research by estimating the size of the shadow economy in Saudi Arabia for the period 1975–2018.

This dissertation uses a modified version of the most widely used method currently available for SE estimation: the Currency Demand Approach (CDA). This approach focuses on identifying excess cash used in an economy not accounted for in the official statistics on the assumption that shadow activities …

Adr: Disputing With A Modern Face, Or Bargaining For The Bargaining Impaired?, Robert J. Condlin

Cardozo Journal of Conflict Resolution

The Alternative Dispute Resolution ("ADR") movement might turn out to be one of the most important chapters in the history of the American judicial system. Or, it might not. In its most grandiose form, ADR turns disputing on its head, transferring control over outcome from third-party decision-makers to the disputants themselves, and defining disputing procedure in ad hoc, party-constructed guidelines tailored to the circumstances rather than fixed, generic, and categorical rules applicable uniformly in all situations. In its less grandiose form, ADR simply institutionalizes a system of multi-party bargaining in which third-party neutrals help disputants identify individual interests and find …

Facilitating Distinctive And Meaningful Change Within Us Law Schools (Part 2): Pursuing Successful Plan Implementation Through Better Resource Management, Patrick H. Gaughan, Samantha J. Prince

Akron Law Faculty Publications

In Part 1 of this series, one of the current authors used institutional theory, behavioral economics, and psychology to explain why US law schools have had difficulty evolving faster and better.'The author then used institutional entrepreneurship to propose a seven-step, faculty-led, operational change process designed to overcome institutional isomorphism and to enable each law school to formulate a distinctive, meaningful, strategic plan. In Part z, the current article addresses the typical implementation challenges to be expected within the context of existing law school governance. The article begins by discussing the Resource Based View of the firm and the role of …

The Ghost In The Machine: Artificial Intelligence In Law Schools, Emily M. Janoski-Haehlen, Sarah Starnes

Akron Law Faculty Publications

This article addresses the different topics law schools are teaching and how each either succeeds or fails at teaching students to be technologically competent. This article provides a small guide to some of the proven-successful classes and technologies taught and how they can be incorporated into a law school's current curriculum. This article aims to assist in creating a bright line and uniform standard to assist all law schools in producing "tech-savvy" lawyers. A big part of being technologically competent is the ability to understand and utilize, not rely on, artificial intelligence. This article discusses the use of artificial intelligence …

Champion Of Innocence, Maddy Delone, Meredith Kennedy, Barry Scheck

Articles

The article serves as a tribute to Dean Larry Hellman, highlighting his pivotal role in establishing and sustaining the Oklahoma Innocence Project. It argues that his leadership, fundraising, and advocacy were essential in creating a sustainable legal infrastructure to combat wrongful convictions in Oklahoma.

May Class Counsel Also Represent Lead Plaintiffs?, Bruce A. Green, Andrew Kent

Faculty Scholarship

For decades, courts and commentators have been aware that the potential for conflicting interests among the class representatives, class counsel, and absent class members is inherent in the class action device. Notwithstanding this realization and a substantial amount of scholarly and judicial commentary on class conflicts, one kind of conflict has not received due attention: the conflict that inevitably arises when class counsel also represents class members as individuals. We demonstrate that this conflict— so common to be almost invisible—arises from the very beginning of a putative class representation, and may create a fraught situation for a lawyer concurrently representing …

Special Education Disparities Are Social Determinants Of Health: A Role For Medical-Legal Partnerships, Karen Bonuck, Leah Hill

Faculty Scholarship

Problem: Education is a key social determinant of health. The federal Individuals with Disabilities Education Act (IDEA) purportedly affords children the right to a free and appropriate education. Yet, racial, ethnic, and economic disparities exist regarding appropriate identification and classification of children with needs for special education, and access to services.

Purpose: This article first highlights gaps and disparities in special educational services, and their structural linkage to poverty. The second section describe the first years of a medical–legal collaboration between a University Center of Excellence in Developmental Disabilities (UCEDD) and Fordham University, focused on special education.

Key Points: The …

The Effect Of Economic Conditions On The Prevalence Of Abusive Supervisory Behaviors: A Cross-Temporal Meta-Analysis, Xinyue Zhao

Electronic Theses and Dissertations, 2020-2023

The antecedents of abusive supervisory behaviors have been largely examined at the individual and organizational level. Hardly any attempts have been made to investigate abusive supervisory behaviors in a context broader than the organization. I try to answer the question "does a recession really unleash abusive supervisory behaviors?" by conducting a cross-temporal meta-analysis to examine the effect of economic conditions on the prevalence of abusive supervisory behaviors. Considering economic conditions as an antecedent to abusive supervisory behaviors provides a more comprehensive understanding of the phenomena. I proposed four reasons to explain how economic conditions affect employee's perception of abusive supervisory …

Gender Bias As The Norm In The Legal Profession: It's Still A [White] Man's Game, Kimberly Jade Norwood

Scholarship@WashULaw

Women consistently represent over fifty percent of entering law school classes, and one-third of all lawyers in the United States. As more women go to law school and practice as attorneys, two major impediments prevent women from climbing hierarchical ladders in the legal profession. This article examines gender and racially gendered bias in the legal profession, including law schools. It argues that until the existing structure is dismantled, women will continue to face gender and racially gendered bias in the legal profession.

Biographical Sketches And Bibliographies Of The First African Americans On The North Carolina Bench, Adrienne Dewitt

Campbell Law Review

In February 2019, Campbell Law School dedicated the First African Americans on the North Carolina Bench Display to its faculty, students, and guests of the law school. Using newspaper clippings, photographs, government documents, and other ephemera, the Display tells the story of the first African Americans appointed or elected to North Carolina state and federal courts in a timeline format. The Display is currently housed on the first floor of the Law School. The Law School has also made portable banners so the copies of the Display can travel throughout the area. Last summer, the banners were displayed at the …

The Good Lawyer: State-Led Professional Socialization In Contemporary China, Lawrence J. Liu, Rachel E. Stern

Scholarship@WashULaw

How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China’s state narrative about “the good lawyer” celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics …

Sea Change: The Rising Tide Of Pro Bono Legal Services For The Creative Community, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Divergent Path: Korean American Politics In An Age Of Globalization, Edward J.W. Park

Asian and Asian American Studies Faculty Works

In a globalizing world, Korean Americans political participation is being increasingly shaped not only by their demand for empowerment in the United States―the nation of their citizenship―but also by their desire to manage their increasingly transnational lives and to fully maximize economic opportunities on the other side of the Pacific. While finding meaningful political power in the diverse and contentious American society has been a slow process, Korean Americans have found much more success in the interstitial political space of globalization and transnationalism. Within the past two decades, Korean Americans have been wooed by the South Korean government and the …

Help Seeking After Campus Sexual Assault: From Policy To Victims, Kathleen Ratajczak

Theses and Dissertations--Sociology

Help seeking after an experience of campus sexual assault is an important link for many survivors towards processing and healing. College campuses have a plethora of resources available, from free counseling, health clinics, advocates, and reporting options all right on their doorstep. Yet many students do not seek help from these offices. This study sought to find out why by looking beyond the victim, and examining the relationship between Title IX policy, professionals who provide resources, and victims. Through both policy analysis and in-depth interviews with both professionals and victims, this study found that Title IX policy codify the social …

Machine Learning And The New Civil Procedure, Zoe Niesel

Faculty Articles

There is an increasing emphasis in the legal academy, the media, and the popular consciousness on how artificial intelligence and machine learning will change the foundations of legal practice. In concert with these discussions, a critical question needs to be explored-As computer programming learns to adjust itself without explicit human involvement, does machine learning impact the procedural practice of law? Civil procedure, while sensitive to technology, has been slow to adapt to change. As such, this Article will explore the impact that machine learning will have on procedural jurisprudence in two significant areas-service of process and personal jurisdiction.

The Article …

The Role Of Law And Policy In Achieving Healthy People’S Disability And Health Goals Around Access To Health Care, Activities Promoting Health And Wellness, Independent Living And Participation, And Collecting Data In The United States, Elizabeth Pendo, Lisa I. Iezzoni

Articles

Ensuring that the almost 60 million Americans with disabilities live as healthy and independent lives as possible is an important goal for our nation. This evidence-based report highlights efforts to better use law and policy to support and protect people with disabilities. Specifically, it examines how existing federal laws and policies could be leveraged by states, communities, and other sectors to reduce barriers to primary and preventive care; reduce barriers to local health and wellness programs; increase access to leisure, social, or community activities (and indirectly, to religious activities) for individuals with disabilities; and generate better disability data needed to …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 38 (2019-20)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Narrating A Conscientization Journey On Crime Prevention Through Social Development, Carlos Luis Zatarain

Theses and Dissertations (Comprehensive)

There is an increasing interest among municipalities to address crime through prevention as social development (CPSD) that acknowledges the underlying social conditions that influence the occurrence of crime. This requires a critical consciousness among community members and decision-makers of the root causes of crime and critical action that reflect that understanding. This, in turn, implies both a significant mental and cultural shift requiring personal transformation. Only then can the appropriate actions towards a preventative approach to crime be effectively fostered. For this purpose, the Waterloo Region Crime Prevention Council developed a community course titled Reframing Crime, Justice, and Prevention that …

Preventing Child Sexual Abuse: Understanding The Phenomenon Of Adults Who Are Sexually Attracted To Children, Heather Horn

Theses and Dissertations (Comprehensive)

Title: Preventing Child Sexual Abuse: Understanding the Phenomenon of Adults Who Are Sexually Attracted to Children

Purpose: The goal of this research is to understand the phenomenon of adult sexual attraction to children through a prevention lens, from perspectives of those who are sexually attracted to children. Gaining direct experiences from those who live with this problem every day may provide insight into perceptions, beliefs, risks and prevention strategies for this population.

Methods: This study utilizes a mixed methods approach in three phases. With permission from the founders of the website called Virtuous Pedophiles, the members of this peer support …

Civil Procedure And Economic Inequality, Maureen Carroll

Articles

How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.

The Adjudication Business, Pamela K. Bookman

Faculty Scholarship

The recent proliferation of international commercial courts around the world is changing the global business of adjudication. The rise of these courts also challenges the traditional accounts of the competitive relationship between and among courts and arbitral tribunals for this business. London and New York have long been considered the forum of choice in international commercial contracts—whether parties opt for litigation or arbitration. More recently, however, English-language-friendly international commercial courts have been established in China (2018), Singapore (2015), Qatar (2009), Dubai (2004), the Netherlands (2019), Germany (2018), France (2010), and beyond.

The emerging scholarship addressing these new courts tends to …

Enforcing The Intent Of The Constitution’S Foreign And Domestic Emoluments Clauses, James Auchincloss, Megha Dharia, Krysia Lenzo

Faculty Scholarship

The Constitution’s Foreign and Domestic Emoluments Clauses are meant to prevent corruption and conflicts of interest. The Foreign Emoluments Clause prohibits some federal officials, including the president, from receiving payments or other benefits from foreign governments, while the Domestic Emoluments Clause bans the president from receiving payments other than the office’s salary from the federal and state governments. To enforce the clauses, this report recommends requiring the president to divest from business interests and increasing powers to investigate and punish violations of the clauses.

This report was researched and written during the 2018-2019 academic year by students in Fordham Law …