Digital Commons Network^™

Preview; Reavis V. Pennsylvania Higher Education Assistance Agency D/B/A Fedloan Servicing: Just What Is A “Disclosure” Anyway?, Dillon Kato

Montana Law Review Online

No abstract provided.

Judge Frank M. Coffin: An Examined Life, Dr. Richard J. Maiman

Maine Law Review

No abstract provided.

Digital Court Records Access: Social Justice And Judicial Balancing, Peter J. Guffin

Maine Law Review

With its transition from paper to electronic records, the state court system in Maine is entering new, uncharted territory. In drafting rules regarding public access to electronic court records, a critical issue facing the court system is how to go about balancing the privacy interests of the individual and the state’s interest in providing transparency about the court’s operations. Both interests are important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing process, although the product of a …

Fee Shifting: A Proposal To Solve Maine’S Intractable Access To Justice Problem, Donald F. Fontaine

Maine Law Review

The Maine Legislature should enact a new statute to award attorney’s fees in civil cases to poor litigants against their opponents. Under the proposed statute the opponent must be a corporation or other legal entity and the poor litigant must be the prevailing party in the case. The statute proposed is needed because multiple studies show that there has been an unrelenting decline during the last four decades of the poor’s access to justice. Their numbers increase and the support of the federal government declines. For those who find themselves in legal positions opposing the poor, there is little deterrent …

Border[Wall]; A Space For Play | Providing Moments Of Intimacy To An International Stage, Jamison Owen

Bachelor of Architecture Theses - 5th Year

In the past many countries and dynasties have practiced the use of strategic defenses such as walls or fortifications to protect the people of said country, yet defense analysts often question if these historic barriers resulted in safety from other nations or provided complex social implications that changed the structure of the civilizations socio-cultural system. After the events of 9/11 in 2001 the moment the Twin Towers fell to the ground from a series of terrorist attacks the United States Border Control procedures vastly changed and adapted to the threat of Terrorism. Through the “War on Terrorism” declared by President …

Governance Issues In Nonprofit Organizations - An Exploratory Study, Julia C. Meyer

Honors Capstones

Nonprofit organizations are a great asset to our society, providing essential services to communities around the world. The nonprofit sector is varied, complex, and ever-changing, and few individuals truly understand it. I have a personal interest in nonprofit organizations, and for my senior capstone project, I wanted to conduct an exploratory study that would look at the governance aspects of nonprofit organizations. I developed a set of assumptions based on my own understanding of governance concepts and my personal experience with nonprofit organizations. In order to explore and test my assumptions, I conducted a set of interviews with local nonprofit …

Multidisciplinary Practices: What Is Wrong With The Legal Profession’S Ethics Rules?, Jennifer R. Garcia

Saint Louis University Law Journal

No abstract provided.

Conversations From Invisible Neighbors: Fighting The Stigma Of Homelessness In Chicago, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.

Gender-Based Violence Against Women In South Africa, Lacey George

Ballard Brief

Dubbed the "rape capital of the world" by Human Rights Watch, South Africa has some of the highest rates of gender-based violence worldwide, including rape, female homicide. and domestic abuse. The women in South Africa are faced with pronounced challenges. stemming from a historical background of apartheid-era oppression, when it comes to equality. Some of the most significant challenges that contribute to South Africa's gender-based violence problem include a lack of government action in legal implementation, pervasive patriarchal cultural attitudes. and widespread poverty. Gender-based violence affects everyone in society-the women themselves, their children, and the men who perpetrate the crimes. …

Covid-19 Response: Resources For Small And Mid-Size Farms In Mississippi, Emily Broad Leib, Alex Ramsey, Emma I. Scott

Delta Directions: Publications

The COVID-19 pandemic presents a number of new and difficult challenges for families, small business owners, and food producers across the country. This Issue Brief provides an overview of the resources available to small and mid-size farms facing such challenges in Mississippi. The first section outlines current benefit programs that these farms can utilize, including loans and unemployment benefits, as a result of the Coronavirus Aid, Relief, and Economic Security (CARES) Act and related federal actions. The second section provides policies that the State of Mississippi could enact to provide additional assistance to farms dealing with the crisis.

Yakik Rumley V. Democracy Prep

2020 Decisions

USDC for the District of New Jersey

Online Resources And Family Cases: Access To Justice In Implementation Of A Plan, Kristen M. Blankley

Fordham Law Review

This Article discusses access to justice in the implementation of orders in family cases. Parenting, financial, and other types of family court orders may last up to eighteen or twenty-one years in the case of minor children or longer in the case of protected adults. In the case of financial obligations, these orders set forth ongoing requirements to make monthly payments (such as child support, alimony, and medical expense reimbursements) and to maintain other financial obligations (such as maintaining health insurance, daycare expenses, and payment of costs for extracurricular activities). Most importantly, these court orders allocate parenting time, which may …

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Fordham Law Review

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.

Measuring "Access To Justice" In The Rush To Digitize, Amy J. Schmitz

Faculty Publications

Access to Justice (A2J) is the hot topic of the day, energizing Twitter and judges alike. Meanwhile, professors and policymakers join in song, singing the praises of online dispute resolution (ODR) as means for expanding A21. This is because ODR uses technology to allow for online claim diagnosis, negotiation, and mediation without the time, money, and stress of traditional court processes. Indeed, courts are now moving traffic ticket, condominium, landlord/tenant, personal injury, debt collection, and even divorce claims online. The hope is that online triage and dispute resolution systems will provide means for obtaining remedies for self-represented litigants (SRLs) and …

Coronavirus (Covid-19) Climate Snapshot Poll: Top Resource Needs Of Veterans And Active Duty Service Members, Linda Rougeau Euto, Rosalinda Maury, Nicholas Armstrong, Brice M. Stone, Rachel Lisner

The Lender Center for Social Justice

This brief analyzes resource needs among veteran and the active-duty service member populations in key areas such as employment, education, childcare, mental and physical health, along with caregiving resources. Results reveal widespread concern and resources needed among military and veteran community members collectively and independently. Knowing which resources are needed is just half the battle as findings also indicate that navigating some of those services is also a challenge. This report aims to offer insight and recommendations, to the military community, along with multiple stakeholders including policymakers, practitioners, grant makers, and researchers.

Miranda Rights Comprehension And Advice To Juveniles, Aishani Eggenberger

Masters Theses and Doctoral Dissertations

Juveniles have limited understanding of their Miranda rights. Reforms including simplified wording and the presence of an “interested adult” have been implemented to assist juveniles with legal decisions, but adults’ understanding of Miranda rights is also limited. The present study examined whether adults’ Miranda knowledge related to their estimates of juveniles’ Miranda understanding and their advice to juveniles being questioned by police. Online participants (n= 498) completed measures of Miranda knowledge and read one of eight hypothetical scenarios varying the juvenile’s age (13 or 16 years), Miranda rights version (standard or simplified), and crime (shoplifting or shooting). Across all conditions, …

Radford V. Van Orden Appellant's Brief Dckt. 47364

Idaho Supreme Court Records & Briefs, All

No abstract provided.

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

SMU Law Review Forum

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 …

Measuring “Access To Justice” In The Rush To Digitize, Amy J. Schmitz

Fordham Law Review

Access to Justice (A2J) is the hot topic of the day, energizing Twitter and judges alike. Meanwhile, professors and policymakers join in song, singing the praises of online dispute resolution (ODR) as means for expanding A2J. This is because ODR uses technology to allow for online claim diagnosis, negotiation, and mediation without the time, money, and stress of traditional court processes. Indeed, courts are now moving traffic ticket, condominium, landlord/tenant, personal injury, debt collection, and even divorce claims online. The hope is that online triage and dispute resolution systems will provide means for obtaining remedies for self-represented litigants (SRLs) and …

A Great And Profitable Clause: Why The New York City Bar Association Says It Is Time To Pay Attention To Investors Behind The Curtain, W. Hunter Huffman

North Carolina Law Review

No abstract provided.

Technological Triage Of Immigration Cases, Fatma Marouf, Luz E. Herrera

Faculty Scholarship

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained. Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …

A Mixed- Methods Examination Of The Healthcare, Social Support, And Religious Needs Of Sexual And Gender Minority (Sgm) Older Adults In Texas, Jennifer Lynn Holcomb

Dissertations and Theses (Open Access)

Shared historical and social contexts influence a generational group’s needs, risk factors, and resiliency mechanisms. Sexual and gender minority (SGM) older adults have experienced structural exclusion and systematic discrimination throughout their lifetime. The minority stress model posits that SGM individuals experience stressors, like discrimination, unique to their social status which affect physical and mental health. SGM older adults experience worse physical and mental health outcomes than their heterosexual peers suggesting unique needs for SGM older adults. Research also points to resiliency mechanisms that offset the impact of stressors on SGM older adults. The examination of these needs and resiliency mechanisms …

The “Pink Ghettos” Of Public Interest Law: An Open Secret, Sandra Simkins

Buffalo Law Review

There is a downside to public interest law careers and law school pro bono work for women. Law schools cue women to enter and remain at lower rungs of the profession by normalizing women in “caregiving” roles and locking predominantly female clinicians who do public interest work into a lower level status. The ABA contributes to this structural devaluation by ignoring female public interest lawyers. When combined with the culture of public interest organizations, these factors contribute to women’s stagnant progress in the legal profession.

This Article is the first to address this issue comprehensively. It describes the challenges women …

City Of Missoula V. Kroschel: Missing The Mark On Montana's Terry Statute, Kirsi Luther

Montana Law Review

No abstract provided.

Characteristics And Professional Practices Of Labor And Employment Neutrals, Dr. Mark D. Gough

Arbitration Law Review (2009 - Present)

No abstract provided.

Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. Mcbride

Theses/Capstones/Creative Projects

Scholars have made strides to illuminate the scope and nature of human trafficking, but there have been minimal efforts to inform responses to victims. Importantly, if we do not address the issues that made people vulnerable in the first place, then they could be susceptible to re-victimization in the future. It is vital then that treatment agencies are available and engaging in effective practices to maximize recovery efforts. Thus, the current study examined treatment providers in the United States in two stages to determine how they respond to victims of these crimes. In the first stage, a systematic literature review …

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Restorative Lawyering: A Toolbox That Can Change The Profession, Emily Lopynski

University of Richmond Law Review

I will begin in Part I by delving into two serious issues in the legal profession—professional dissatisfaction and client dissatisfaction. Then, in Part II, I will provide a brief overview of Restorative Justice and three of its key principles: Heal the Harm, Honor and Respect, and Empathy. In Part III, I extrapolate from these three Restorative Justice principles to create a “toolbox”13 of restorative lawyering. I will then explain how restorative lawyering will decrease professional and client dissatisfaction, distinguish restorative lawyering from alternative models, and address possible critiques and concerns.

Honoring Our Community Heroes, Juan C. Ruiz Jr

Capstone Projects and Master's Theses

The financially disenfranchised population of Santa Cruz County constantly face the challenges of being taken advantage of by employers when it comes to being allotted the appropriate wages, illegal evictions, as well as discrimination and health care access. California Rural Legal Assistance is a non-profit legal aid agency that provides the citizens of Santa Cruz County with legal aid and court representation at no cost. Currently, CRLA is facing a visibility dilemma with some contributing factors being citizens don't know about them or are too scared to attend because of their legal status, not enough donors or discretionary funding and …