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Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson

Articles & Book Chapters

It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published.By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or disagreed with, Wexler’s arguments continue to define the terms of the debate about the proper role and responsibilities of those who practise law for poor people. Critics and jurists can be for or against Wexler’s account, but they cannot make serious headway without it. As such, Wexler’s essay deserves to be celebrated and showcased as it reaches its half-century milestone. However, his ideas and their informing assumptions about …

Education Law Offerings In Law Schools: An Update, Lauryn P. Ragone, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

What Kentucky Parents Should Know When Choosing A Remedy Under The Individuals With Disabilities Education Act, Kathryn Meador

The Journal of Law and Education

No abstract provided.

Justice For All? An In-Depth Look At Sexual Assault Kit Testing In The Carolinas, Jessalynn C. King

Senior Theses

Within the last few decades, technological advancements and an improved understanding of biological materials have led to an increase in evidence that can be submitted for forensic testing in criminal justice investigations. In a sexual assault investigation, a sexual assault kit (SAK) is often collected and contains the evidence found on the victim’s or suspect’s person. While the true total is unknown, it is estimated that several hundred thousand untested SAKs remain in the custody of law enforcement and forensic crime laboratories across the United States. Whether these SAKs were neglected due to law enforcement bias, the prioritization of other …

Tribute To Professor Mary Z. Natkin, David Carson, Christine Greene, Mark Grunewald, Howard Highland, Brianne Kleinert, Brian C. Murchison, Debbie Price, Sheryl Salm, Joan Shaughnessy

Washington and Lee Law Review

A tribute to Professor Mary Z. Natkin, who served on the faculty of the Washington and Lee University School of Law from 1987 to 2020. Professor Natkin is also an alumna of W&L Law, having graduated with the Class of 1985.

In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.

Annual Report Fiscal Year 2020, Tennessee. Department Of Correction.

Annual Report

No abstract provided.

Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing

UC Law Journal of Race and Economic Justice

In the 1980s, tens of thousands of Central Americans fled to the United States seeking refuge from civil unrest that ravaged their countries. In a largely geopolitical response, the Reagan administration labeled those fleeing Guatemala and El Salvador as “economic migrants,” detained them, and largely denied their asylum claims. The illegal discrimination against these refugees was exposed in a series of lawsuits and through congressional investigations. This led to the reconsideration of thousands of cases, the enlistment of a corps of asylum officers, and an agreement on the conditions under which migrant children could be detained.

Unfortunately, the lessons of …

The Legal Needs Of Nonprofits: An Empirical Study Of Tax-Exempt Organizations And Their Access To Legal Services, Raymond H. Brescia, Bahareh Ansari, Hannah Hage

UC Law Journal of Race and Economic Justice

This empirical study, using quantitative and qualitative techniques, attempts to assess the state of the legal needs of nonprofit organizations, with an emphasis on the ways in which nonprofit organizations are or are not accessing assistance addressing their legal services needs. While most research into the extent to which Americans may or may not be accessing legal services focuses on the legal needs of individuals and families, this study focuses on the legal needs of nonprofit groups. Our goal with this research project is to contribute to the growing literature on the scope of unmet legal needs in the United …

Conflict And Confusion: The Legal And Constitutional Landscape Of Purchasing A Firearm In The Wake Of Illinois’ Legalization Of Cannabis, Brandon J. Zanotti

Southern Illinois University Law Journal

No abstract provided.

Comparative Method And International Litigation, Ronald A. Brand

Journal of Dispute Resolution

No abstract provided.

2.14 Benefits, Saint Mary's College Of California

Faculty Handbook

No abstract provided.

Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren

Faculty Publications

No abstract provided.

The Effects Of Social-Emotional Learning At The Secondary Level, Karmen Keltner

Master's Theses & Capstone Projects

This literature review aims to examine social-emotional learning in schools, and more specifically, at the secondary level. The review explains the importance of SEL at the secondary level and its continuation from preschool through high school. Evidence-based secondary SEL programs are presented, and research, including several meta-analyses, are shared that outline the benefits and disadvantages of social-emotional learning programs. Mandated SEL standards at the federal and state levels are covered, as well as policies and laws that enforce and support SEL. An analysis of the published literature on SEL programs at the secondary level suggests they lead to improved academics, …

Relationships And Retaliation In The #Metoo Era, Nicole Buonocore Porter

Faculty Publications

In this #MeToo era, so much important work is being done (and so many stories are being told and listened to), but very little of the work focuses on retaliation. And none of the work focuses on situations where the fear of retaliation is not necessarily job loss (although that certainly happens) but rather, it is the fear of harming workplace relationships. This Article will use a real-life story of harassment to demonstrate how much workplace relationships matter-especially to women-and how the fear of harming those relationships often affects an employee's willingness to report harassment. Thus, this Article argues for …

Autonomous Vehicle Manufacturers: Applying A Common Carrier Liability Scheme To Autonomous Vehicle Manufacturers—And Why Elon Musk Will Be Haunted By His Words, Alejandro Monarrez

Seattle University Law Review Online

The modes and levels of vehicle automation have advanced over the years with the goal of making driving safer. Features like self-steering, lane assist, and blind-spot warning are designed to assist drivers in operating their vehicles. However, the emergence of autonomous vehicle technology self-driving capabilities raises new questions about tort liability.

Since 2016, there have been numerous fatalities involving autonomous vehicles. In this Note, Alejandro Monarrez explores how we should assess liability in autonomous vehicle-related accidents when vehicles are in full automation mode. Monarrez similarly argues the common carrier liability scheme first conceptualized by Dylan LeValley in Autonomous Vehicle Liability—Application …

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

St. Mary's Journal on Legal Malpractice & Ethics

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer’s identity. But modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a “lawyer-statesman” or someone who “checks clients at the door” when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real danger …

Why The Economic Aspects Of Healthcare Are Not Unique, Stephen Chambers

Sultan Qaboos University Medical Journal

Frequent claims suggest that healthcare and its production are not only different from other goods, but that they differ to such an extent that healthcare should be viewed as unique. Various features of healthcare, such as the lack of a perfect market and the existence of information asymmetry, are cited as evidence of this claim. However, such a view results from unduly emphasising the characteristics of healthcare as being atypical. This article redresses this imbalance by taking an alternative approach and examines the ways in which the economic aspects of healthcare are similar to those of other goods. It was …

Vol.47 N.49 June 25th 2020, Voice Media Ventures

Black Voice News

No abstract provided.

Free Expression And Judicial Power In Colombia, India, And South Africa, Thomas Keck, Sandra Botero, Rachel Ellet

Political Science - All Scholarship

The growth of judicial power globally has renewed scholarly debates about who benefits from increased judicial authority. Using original data, we examine the full universe of constitutional free expression decisions issued by three apex courts—in Colombia, India, and South Africa— across three categories of disputes that feature a diverse array of rights claimants. By so doing, we shed light on the limits of elite-driven accounts of judicial empowerment. We find that even where constitutional courts are empowered by elites seeking to advance their own interests, activist courts can develop a practice of rights-protection that benefits a diverse range of less- …

Restricting Your Right To Boycott: Free Speech Implications Regarding Legislation Targeting The Boycott, Divestment, And Sanctions (Bds) Movement In The United States And The European Union, Jad Essayli

San Diego International Law Journal

On December 11, 2019, President Trump signed Executive Order 13899, which directs government agencies charged with enforcing Title VI of the Civil Rights Act to adopt a distorted definition of antisemitism intended to censor advocacy for Palestinian rights. The order conflates political criticism of the state of Israel with antisemitism—the primary reason why past attempts to pass similar legislation in Congress have consistently failed. Nonetheless, this uniliteral action taken by the President to redefine antisemitism as a means to censure criticism of Israeli polices raises genuine legal concern. Particularly considering that the same year, on February 4, 2019, the United …

Class Notes/Depaul Pride

DePaul Magazine

Brief updates on DePaul alumni.

A South Florida Ethnography Of Mobile Home Park Residents Organizing Against Neoliberal Crony Capitalist Displacement, Juan Guillermo Ruiz

USF Tampa Graduate Theses and Dissertations

The cyclical inflations of real estate values right before the 2008 housing crisis in the United States enticed mobile home park landowners, especially in California and Florida, to sell their land in the search for spectacular profits displacing many low-income residents. This thesis uses an engaged anthropological ethnographic approach to explore the struggle in organizing against neoliberal crony capitalist displacement in the South Florida metropolitan area. The study focuses on Davie, a suburb of Fort Lauderdale, where at the time of fieldwork a third of residents lived in mobile homes. In 2007, the Davie town council attempted to soften the …

State Of Utah, Plaintiff/ Appellee V. Jerry Duncan Nilsson Jr, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for retaliation against a witness, victim, or informant, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Roger W. Griffin presiding

AARON P. DODD, KARA H. NORTH, Fillmore Spencer LLC, Counsel for Appellant

JONATHAN S. BAUER, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RYAN B. McBRIDE, POPONATUI M. SITAKE, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Jerry Duncan Nilsson Jr, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for retaliation against a witness, victim, or informant, a third-degree felony, in the Fourth Judicial District, Utah County, the Honorable Roger W. Griffin presiding

AARON P. DODD, KARA H. NORTH, Fillmore Spencer LLC, Counsel for Appellant

JONATHAN S. BAUER, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RYAN B. McBRIDE, POPONATUI M. SITAKE, Counsel for Appellee

Examining The Factors That Mediate The Relationship From Legal Advocacy Satisfaction To Resilience, Desta T. Gebregiorgis

Clinical Psychology Dissertations

Sexual assault is a public health issue that can impact one’s resilience. Using a multisystemic approach to resilience, there may be person-level and environment-level factors that can affect one’s resilience, such as one’s coping self-efficacy, satisfaction with the court process, and negative effects associated with court process. Legal advocacy programs, such as those offered by the King County Sexual Assault Resource Center (KCSARC), support clients during the court proceedings. In order to better serve KCSARC’s clientele, it is helpful to understand how the legal advocacy program impacts post-trauma resilience. This dissertation had three phases: (a) evaluating the structural validity of …

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton

William & Mary Bill of Rights Journal

No abstract provided.

Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Rise (And Rise) Of Vertical Studentification: Exploring The Drivers Of Studentification In Australia, Mark Holton, Clare M. Mouat

School of Geography, Earth and Environmental Sciences

No abstract provided.

Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll

Articles

A law firm that enters into a contingency arrangement provides the client with more than just its attorneys' labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state fee shifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation …