Digital Commons Network^™

Justice System Reform And Internationalization, Daniel H. Foote

Articles

As discussant. normally my role would be to offer trenchant and perceptive critiques of each of the three main reports. those by Professors Takamizawa. Matsuo. and SuamL Those reports are broad in scope, both geographical and historical; each report is outstanding: and each provides much food for thought. Yet even if time and space permitted, I myself lack sufficient knowledge regarding China. Southeast Asia and Europe to provide a thorough critique. Instead. in this essay I will shift the focus back to Japan and examine various respects in which the justice system reforms have sought to promote internationalization.

Tiptoeing Through The Landmines: The Evolution Of States' Legal Ethics Authority Regarding Representing Cannabis Clients, Karen Boxx

Articles

No abstract provided.

The Experience Of Latina Victims Of Domestic Violence In Seeking Support Services, Jeanine Chuya

Walden Dissertations and Doctoral Studies

The purpose of this study was to explore the factors that influence the decisions among Latina victims of domestic violence as to whether to seek support services after experiencing domestic violence. Various studies have found a higher rate of domestic violence among Latinas than other ethnic minority groups. A review of the contemporary literature demonstrated that little is known about factors influencing these women’s decisions about whether to seek support services post domestic violence experiences. Intersectionality and structural violence theory constituted this study’s framework. The research questions explored the lived experiences of Latina victims of domestic violence in seeking help …

Power In Human Rights Advocate And Rightsholder Relationships: Critiques, Reforms, And Challenges, Sarah Knuckey, Benjamin Hoffman, Jeremy Perelman, Gulika Reddy, Alejandra Ancheita, Meetali Jain

Faculty Scholarship

Human rights advocacy can construct passive “victims,” objectify or displace rightsholders and affected communities, and contribute to their disempowerment. In response to critiques – made by rightsholders, activists, and scholars alike – about the values and effects of such disempowering advocacy models, many advocates are increasingly prioritizing an understanding of these dynamics and reforming practice to better center and support the agency of directly affected individuals and groups. However, the tactics and modalities of these efforts are under-examined in scholarly literature, and many human rights advocates lack access to adequate documentation of tactics and spaces for peer learning. In this …

Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter

Faculty Scholarship

Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade and we will return to more of the same. Whatever lies on the other side of …

Linked Fate: Justice And The Criminal Legal System During The Covid-19 Pandemic, Susan P. Sturm, Faiz Pirani, Hyun Kim, Natalie Behr, Zachary D. Hardwick

Faculty Scholarship

The concept of “linked fate” has taken on new meaning in the face of the COVID-19 pandemic. People all over the world – from every walk of life, spanning class, race, gender, and nationality – face a potentially deadly threat requiring cooperation and sacrifice. The plight of the most vulnerable among us affects the capacity of the larger community to cope with, recover, and learn from COVID-19’s devastating impact. COVID-19 makes visible and urgent the need to embrace our linked fate, “develop a sense of commonality and shared circumstances,” and unstick dysfunctional and inequitable political and legal systems.

Nowhere is …

Imperfect Evidence And Uncertain Justice: An Exploratory Study Of Access To Justice Issues In Canada's Asylum System

UBC Law Review

No abstract provided.

Full Disclosure: Family Violence And Legal Ethics

UBC Law Review

No abstract provided.

Relief Afforded To Debtor Clients Harmed By A Bankruptcy Petition Preparer's Fraudulent, Unfair, Or Deceptive Conduct, Kathryn M. Ingle

Bankruptcy Research Library

(Excerpt)

A "Bankruptcy Petition Preparer" (the "Preparer") is a non-attorney who assists pro se debtors in the preparation of bankruptcy petitions and documents related to filing for bankruptcy. Preparers are regulated under section 110 of title 11 of the United States Code the (the "Code"). This section of the Code severely limits the scope of a Preparer's duties. Preparers lack the same rigorous legal and ethical training acquired by bankruptcy attorneys; therefore, some Preparers try to take advantage of debtors who are often ignorant of the bankruptcy system. Section 110 of the Code outlines sanctions to deter Preparers from behaving …

The Defense Cannot Rest: The Impact Of Funding For Indigent Defense Services On Incarceration Rates, Itala M. Colby

Senior Independent Study Theses

Since the landmark decision of Gideon vs Wainwright in the Supreme Court in 1963, free legal counsel for indigent clients has been required for every state in the United States. However, the reality looks very different than this ideal with indigent defense services across the country being under-resourced, under-funded and forgotten by many other than those that require their services. This is happening in conjunction with the explosion of incarceration rates throughout the United States. This study aims to explain the relationship between the levels of funding provided for indigent defense services and the rates of incarceration. Using a multi-variate …

Taking An Interest In Inmate Trust Accounts, Charlotte Elam

Vanderbilt Law Review En Banc

No abstract provided.

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming

Oklahoma Indian Country: A Year In Review, Darla Jackson

Other Faculty Publications

No abstract provided.

Who Cares For The Bereaved? A National Survey Of Family Caregivers Of People With Motor Neurone Disease, Samar M. Aoun, Paul A. Cafarella, Bruce Rumbold, Geoff Thomas, Anne Hogden, Leanne Jiang, Sonia Gregory, David W. Kissane

Medical Papers and Journal Articles

Background: Although Motor Neurone Disease (MND) caregivers are most challenged physically and psychologically, there is a paucity of population-based research to investigate the impact of bereavement, unmet needs, range of supports, and their helpfulness as perceived by bereaved MND caregivers.

Methods: An anonymous national population-based cross-sectional postal and online survey of bereavement experiences of family caregivers who lost a relative/friend to MND in 2016, 2017, and 2018. Recruitment was through all MND Associations in Australia.

Results: 393 valid responses were received (31% response rate). Bereaved caregiver deterioration in physical (31%) and mental health (42%) were common. Approximately 40% did not …

Diploma Privilege And The Constitution, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea Anne Curcio, Marsha Griggs, Joan W. Howarth, Eileen R. Kaufman, Deborah Jones Merritt, Patricia Salkin, Judith W. Wegner

All Faculty Scholarship

The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.

State Supreme Courts are …

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea Anne Curcio, Marsha Griggs, Joan W. Howarth, Eileen R. Kaufman, Deborah Jones Merritt, Patricia Salkin, Judith W. Wegner

All Faculty Scholarship

The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high.

In this brief policy paper, we outline six licensing options for jurisdictions to consider for …

Quarantine And Its Legal Dimension, Rahmi̇ Kiliç, Çi̇ğdem Ataman Hati̇poğlu, Cemi̇l Güneş

Turkish Journal of Medical Sciences

Quarantine and isolation are public health measures used for centuries to prevent the spread of infectious diseases. Quarantine is separation of persons who have been exposed to an infection but asymptomatic, while isolation is separation of infected patients. Voluntary quarantine is preferred, but if necessary, it can be mandatory. These implementations can lead to restrictions on individual liberties, leading to ethical and legal problems. Isolation and quarantine enforcement are regulated by laws. Those who do not follow the quarantine rules could be punished. Isolation and quarantine practices in our country are described in General Hygiene Law. In this study the …

University Of Richmond Magazine, Winter 2020

University of Richmond Magazine

The University of Richmond's Alumni Magazine was first published as The Alumni Bulletin in 1936 and continues to this day as the University of Richmond Magazine.

Richmond Law Magazine: Winter 2020, University Of Richmond

Richmond Law Magazine

To Right A Wrong

A Whistleblower and A Wiretap

A Homegrown Panel

Richmond Law Magazine: Summer 2020, University Of Richmond

Richmond Law Magazine

Dear Professor

Building a Better Lawyer

A Lightning Rod of a Ruling

Virtual Access: A New Framework For Disability And Human Flourishing In An Online World, John D. Inazu, Johanna Smith

Scholarship@WashULaw

While many commentators have noted the wealth and class disparities that emerge from the digital divide, disability adds another important lens through which to consider questions of access and equity. Online accessibility for disabled people has fallen prey to the same assumptions and impediments that led to the Americans with Disabilities Act (“ADA”) addressing disability access in the offline world. Addressing these shortcomings requires a significant conceptual shift in our understanding of “access,” even among disabled people. Offline, the sidewalk or doorway hindered access to those who needed assistance walking or moving. Today’s virtual sidewalks and doorways complicate access in …

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra

Wyoming Law Review

No abstract provided.

Therapists Who Specialize In Addiction: A Grounded Situational Analysis Of A Stigmatized Profession, Heather J. Humphrey-Leclaire

Antioch University Dissertations & Theses

This study used the methodology of a grounded situational analysis to explore the lives of therapists who specialize in addiction. Historians have researched the history of addiction treatment itself and some have identified parallel processes of discrimination, stigma, and stigma by association for therapist and client, but the complex intersectionality between social processes and organizational issues have been largely invisible. In this study, therapists who specialize in addiction (including social workers, clinical mental health counselors, and alcohol and drug counselors) were asked about their sense of how others see them in their role. These conversations made visible the many, enmeshed …

Coercive And Compulsive Treatment Of Eating Disorders: Surveying Treatment Providers’ Attitudes And Behavior., Jessica Cowan

Antioch University Dissertations & Theses

Stigma toward individuals with eating disorders is common and well-documented. Individuals with eating disorders regularly report experiencing stigma associated with perceptions that they are to blame for their illness, that their illness is trivial compared to other conditions, or that they are engaging in disordered behavior to gain attention. These stigmatizing attitudes toward eating disorders are also reported by the general public and healthcare professionals, including those who treat eating disorders. Treatment of these illnesses at all levels of care often include paternalistic approaches such as coercion and compulsion that can have both adverse and advantageous consequences. While there are …

State Bar Of California, Madeline Rojer, Alaina Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

The Eco-Martyrs Of 2018 And Maslow: Is Self-Actualization Only For Colonizers?, Johanna Guz-Montgomery, Ian Mcfadden, Victoria Bee, Ashley Sanico, William Purrington, Christopher Latourrette, Rachel Creed, Kelly Rios-Santos, Alan Lankford

UROP Posters

The Eco-Martyrs of 2018 and Maslow: Is Self-Actualization Only for Colonizers?

Johanna Guz-Montgomery, Dept. of Psychology, Ian McFadden, Victoria Bee, Ashley Sanico, William Purrington, Christopher Latourrette, Rachel Creed, Kelly Rios-Santos, and Alan Lankford, with Dr. Richard Bargdill, Dept. of Psychology

Every year the Global Witness organization complies and releases a list of forest, earth, water and animal protectors who have been murdered while defending the earth and people. There have been about 2000 “eco-martyrs” since 2002. Most of these persons are farmers, indigenous people, nature lovers or in other words--ordinary people. In their efforts to stop projects that would lead …

2019-2020 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Corporate Lawyers: Ethical And Practical Lawyering With Vanishing Gatekeeper Liability, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

No abstract provided.

Retroactive Adjudication, Samuel Beswick

All Faculty Publications

This Article defends the retroactive nature of judicial lawmaking. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, does it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers no adequate answer. In attempting to articulate a law of non-retroactivity, the Supreme Court has cycled through five flawed frame-works. It has variously characterized adjudicative non-retroactivity as (1) a problem of legal philosophy; (2) a discretionary exercise for balancing competing right and reliance interests; (3) a …

Safeguard Or Barrier: An Empirical Examination Of Bar Exam Cut Scores, Victor D. Quintanilla, Sam Erman, Michael B. Frisby

Articles by Maurer Faculty

In 2019, nearly 70,000 people took the bar exam. More than forty percent failed. Given the existing scores required to pass those exams (the “cut score”), nearly 30,000 test-takers otherwise qualified to practice law were lost to the profession. Had the cut score been lower, many would now be lawyers. So it goes every year, with staggering costs. Legal educators devote substantial resources to teaching tens of thousands of people legal skills that never get put to use in law practice. A national crisis in access to justice grows more entrenched. Applicants invest three years and countless thousands of dollars …