Digital Commons Network^™

Contract As Swag, John F. Coyle, Joseph M. Green

Penn State Law Review (2003 - Present)

In the past, legal scholars have analogized the contract to a product, a social artifact, and a form of technology. In this Article, we suggest that contracts may also be usefully analogized to swag. The term “swag” refers to branded merchandise that is given away for free to people who attend or participate in an event. Companies and law firms increasingly give away contracts—and specific contract provisions—to contract users with the goal of enhancing their reputations. In so doing, they deploy their contracts in a manner that resembles a water bottle or tote bag emblazoned with the name of a …

The Evolving Federal Response To State Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues to ban the substance outright. Nonetheless, the federal response to state reforms has been anything but static during this revolution. This Essay, based on my Distinguished Speaker Lecture at Delaware Law School, examines how the federal response to state marijuana reforms has evolved over time, from War, to Partial Truce, and, next (possibly) to Capitulation. It also illuminates the ways in which this shifting federal response …

Documents From The April 1, 2020 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

Senate Meeting Agendas and Minutes, 2007-Present

Agenda and meeting minutes from the April 1, 2020 meeting of the Associated Students of the University of Montana (ASUM). The following resolutions were discussed during the meeting:

SB66-19/20: Resolution Endorsing the University of Montana's Commitment to Conserve 35% More

SB67-19/20: Resolution Amending Article V, Section 23 of the ASUM Bylaws

SB68-19/20: Resolution Encouraging the Creation of a Campus-Wide Paper Towel Compost Program

Family Separation And Child Welfare: An Examination Of U.S. Immigration Policies Affecting Unaccompanied Alien Children, Mallory K. Adams

Selected Honors Theses

Immigration policy in the U.S. is a confusing and inadequate system, the shortcomings of which directly impact the lives of millions of individuals, children, families, and communities. Its primary inadequacies include an overall lack of clearly defined policies and procedures, confusion among immigration authorities and child welfare practitioners regarding proper procedures, and non-compliance with procedural standards by immigration authorities. Those shortcomings have largely resulted in many immigrant families being separated from each other, immigrant children experiencing trauma, and a widespread disregard for unauthorized immigrants’ both constitutional and human rights. The literature reviewed describes relevant immigration policies and their issues. The …

First-Time Application, Elective Community Engagement Classification, Carnegie Foundation For The Advancement Of Teaching And Learning, Center For Civic Engagement

Reports and White Papers - Center for Civic Engagement

Illinois State University's application for the Carnegie Foundation for the Advancement of Teaching’s Elective Classification for Community Engagement.

Usd Magazine Spring 2020, University Of San Diego

University of San Diego Magazine (1992- )

Dear Toreros; Torero News; Torero Athletics; Starting to Click; Harvesting Stories; Playing the Game; Stopping Traffic; Class Notes

Delaware's New Competition, William J. Moon

Northwestern University Law Review

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

Mezei's Day In Court: Debtors' Prisons, Substance Abuse, And The Permissiveness Of Civil Detention In American Immigration Law, Conor Mcdonough

Northwestern University Law Review

American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on historical and comparative analysis to argue that the mandatory detention provisions of American immigration law are not civil, but functionally criminal, and that detained migrants are therefore owed a modicum of due process that they do not currently receive.

This Note traces the history of immigration law in …

Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong

Research Collection Yong Pung How School Of Law

A guide intended to accelerate sensemaking in discussions involving Rules as Code. Without a common frame of reference, project stakeholders risk talking at cross purposes. Stakeholders contemplating a “digital transformation” project in the legal domain, such as a “Rules as Code” exercise or a RegTech / SupTech proof-of-concept, may find this document useful to agree on a common vocabulary to facilitate discussion and planning. To that end, this document classifies “digital transformation” of legal rules into a hierarchy of levels which can be included as terms of reference in planning discussions. While this document is informed by academic discourse, it …

Forming Start-Up Companies: Who's My Client?, Nancy J. Moore

Faculty Scholarship

Consider the following scenario: three individuals—a magician, a baker, and a puppeteer—want to start a business that will run birthday parties for children. The magician will put up most of the money, the baker has extensive experience with children’s birthday parties, and the puppeteer, who has an MBA, will manage the business. They meet with a lawyer to help them form a company, including advising them on such issues as choice of entity and allocation of ownership and control. Before the lawyer agrees to the representation, she must ask herself: “who will I represent?”1

The author of this hypothetical, legal …

From A Panacea To A Panopticon: The Use And Misuse Of Technology In The Regulation Of Judges, Amnon Reichman, Yair Sagy, Shlomi Balaban

UC Law Journal

This Article reveals the untold story of Legal-Net, Israel’s cloud-based judicial management system. While scholarly attention has thus far focused on the narrow question of the impact technology may have on judicial decision-making or on efficiency, little has been written on the manner in which technology affects the regulation and management of judges and the administration of justice as a whole. Through a combined historical analysis and interview methodology, we trace the development of Legal-Net from the early 1990s and situate it within a theoretical law-and-technology context. Detailing Legal-Net’s trajectory provides meaningful insights as to the relationship between regulation, technology, …

Bhopal In The Federal Courts: How Indian Victims Failed To Get Justice, Jayanth K. Krishnan

Articles by Maurer Faculty

Over thirty-five years ago, the city of Bhopal, India, witnessed a horrific gas leak that originated from a facility operated by Union Carbide India Limited (“UCIL”), which had as its parent company the American-based Union Carbide Corporation (“UCC”). Thousands were killed, with many more injured. One hundred forty-five cases were filed throughout various U.S. federal district courts on behalf of the victims asserting that UCIL and UCC were liable. Eventually, these cases were consolidated through the multi-district litigation (“MDL”) process and placed onto the docket of federal Judge John Keenan. In 1986, Judge Keenan issued his famous forum non conveniens …

Global Networks And The Legal Profession, Laurel S. Terry

Akron Law Review

This Article addresses the topic of global legal profession networks. The thesis of this article is that lawyers’ connection to global legal profession networks - meaning the relationships that lawyers and their employers form with individuals and institutions in other countries - is valuable for both the lawyers themselves, and for their clients. Although scholars have written about different kinds of legal profession-networks, this is the first article I am aware of that focuses on the topic of global legal profession networks and seeks to identify the various opportunities that lawyers and their employers have to participate in these kinds …

March 31, 2020, Faculty Senate

Minutes

No abstract provided.

Happy Beginnings | Alexandra Wainwright Credits Legal Future To Law Center Faculty, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Happy Beginnings: Ohio Experiences Shaped Eaton's Legal Journey To Working With Vulnerable Clients, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge

Pepperdine Law Review

This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put it, one might …

Abraham Lincoln And The Cardinal Virtue Of Practical Reason, Brett G. Scharffs

Pepperdine Law Review

Practical wisdom is an elusive concept. This Article focuses on a case in which Abraham Lincoln, prior to his election as President, participated (or more accurately did not participate) to frame a discussion of what practical wisdom means and how it makes a difference for lawyers.

Covid-19 Newsletter (Vol. 2), Center For Disaster Medicine, New York Medical College

COVID-19 Newsletter

No abstract provided.

Reflecting On Clinical Legal Education At The Indigenous Community Legal Clinic, Patricia Barkaskas, Melanie Alcorn, Ryan Adair, Kate Gotziaman, Jennifer Mackie, Madeleine Northcote, Victoria Wicks

Journal of Law and Social Policy

No abstract provided.

Accle Past, Present, And Future: Reflections From Accle’S Board Presidents, Martha Simmons, Doug Ferguson, Lisa Cirillo, Gemma Smyth

Journal of Law and Social Policy

No abstract provided.

Accle And Bill C-75: Implications For Student Legal Clinics & Communities In Canada, Jillian Rogin, Gemma Smyth, Johanna Dennie

Journal of Law and Social Policy

No abstract provided.

Confronting Accessibility In Clinical Legal Education: Human Rights Law And The Accommodation Of Law Students With Disabilities In External Placements, Roxanne Mykitiuk, C. Tess Sheldon

Journal of Law and Social Policy

Canadian law students with disabilities confront barriers in applying to and working in clinical placements. The article is motivated by practical questions about the scope of the duty to accommodate law students with disabilities in clinical education placements. It offers a legal analysis of the human rights accommodation framework in relation to clinical legal education placements. It also proposes criteria for a policy governing the accessibility of clinical legal placements.

Home, Precarious Home: A Year Of Housing Law Advocacy At A Saskatoon Legal Clinic, Sarah Buhler, Catriona Kaiser-Derrick

Journal of Law and Social Policy

This article discusses the impacts of housing law advocacy by clinical law students at Community Legal Assistance Services for Saskatoon Inner City (CLASSIC) through an analysis of CLASSIC’s 2017 closed housing law files. Our analysis shows that law student advocacy at the Office of Residential Tenancies (Saskatchewan’s housing law tribunal) is often associated with decisions in favour of tenants. This is consistent with studies that show that full legal representation is associated with improved litigation outcomes for clients. But our analysis also demonstrates the numerous limits to individual advocacy in housing law contexts. Our study contributes to the literature about …

A Snapshot Of The Law In The Streets: Reflections Of A Former Parkdale Academic Director, Sean Rehaag

Journal of Law and Social Policy

In this reflective essay, an Osgoode Hall Law School professor and former Academic Director at Parkdale Community Legal Services attempts to model the sort of critical self-reflection expected of law students enrolled in the Intensive Program in Poverty Law at PCLS. The essay does so by drawing lessons from a brief interaction that the author observed in the streets of the community served by PCLS and from the author’s responses to that interaction. The essay aims to highlight the value of reflection in experiential education pedagogies, in community lawyering practices, and in learning about law in context.

Just Clinics: A Humble Manifesto, Sarah Marsden

Journal of Law and Social Policy

Student legal clinics are poised at the intersection of the crisis in the availability of legal services and pressure on law schools to produce practice-ready graduates. In a neoliberal policy environment, which emphasizes market-based outcomes, commodifies services, and obscures the structural roots of inequality, it is tempting to measure the work of student legal clinics in terms of their efficiency in providing services to large numbers of clients. In this article, I argue that law school clinics should instead be recognized as sites of justice, moving beyond the construct of “numbers served.” Using the idea of “access to actual justice” …

Introduction, Sarah Buhler

Journal of Law and Social Policy

No abstract provided.

Vol.47 N.36 March 26th 2020, Voice Media Ventures

Black Voice News

No abstract provided.

How To Negotiate With Publishers And Keep Your Copyright, Michael Rodriguez, Carolyn Mills

UConn Library Presentations

How do you get the best possible terms when signing a publishing contract? Of what should you be careful? Should you try to keep your copyright? Can you license your work instead? Come learn the ins and outs of making sure your publishing contract works for you before you sign it.

Documents From The March 25, 2020 Meeting Of The Associated Students Of Montana (Asum), University Of Montana--Missoula. Associated Students

Senate Meeting Agendas and Minutes, 2007-Present

Agenda and meeting minutes fro the March 25, 2020 meeting of the Associated Students of the University of Montana (ASUM). The following resolutions were discussed during the meeting:

SB61-19/20: Resolution Endorsing the ASUM Sustainability Fee Adjustment

SB63-19/20: Resolution Endorsing the ASUM Fee Adjustments

SB64-19/20: Resolution Amending Article V, Section 2 of the ASUM Bylaws

SB65-19/20: Resolution Supporting Wage Increases for Teacher Assistantships and Research Assistanships