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2020

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Evaluating Mediation’S Future, Erin R. Archerd Jan 2020

Evaluating Mediation’S Future, Erin R. Archerd

Journal of Dispute Resolution

No abstract provided.


Itihas Vol. 20 Issue No. 1, Sastra Univ Jan 2020

Itihas Vol. 20 Issue No. 1, Sastra Univ

ITIHAS

NEWSLETTER FROM SASTRA DEEMED UNIVERSITY


2020 Strategic Plan: Ever Upward, New York Law School Jan 2020

2020 Strategic Plan: Ever Upward, New York Law School

Strategic Plan and Initiatives

No abstract provided.


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich Jan 2020

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Articles

No abstract provided.


Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard Jan 2020

Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard

Seattle University Law Review

Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …


Court Review: Journal Of The American Judges Association, Vol. 56, No. 1 Jan 2020

Court Review: Journal Of The American Judges Association, Vol. 56, No. 1

Court Review: Journal of the American Judges Association

Court Review, the quarterly journal of the American Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to the working judges of the United States and Canada. In each issue, we hope to provide information that will be of use to judges in their everyday work, whether in highlighting new procedures or methods of trial, court, or case management, providing substantive information regarding an area of law likely to be encountered by many judges, or by providing background information (such as psychology or other social science research) …


Thou Shalt Not Ration Justice: The New York Story, Jonathan Lippman Jan 2020

Thou Shalt Not Ration Justice: The New York Story, Jonathan Lippman

Court Review: Journal of the American Judges Association

When I became Chief Judge of New York State in 2009, I was struck by the fact that there was no short- or long-term plan for access to justice in our state. In fact, there was no plan at all. While our most fundamental mission was ensuring equal justice for all, I was taken aback that neither the Judiciary, the profession, nor the government in New York State was sufficiently focused on this fundamental goal for the justice system. I determined that my most important task as Chief Judge would be to seek to ensure that every single person in …


Access To Justice, Civil Right To Counsel, And The Role Of The Judge, Russell Engler Jan 2020

Access To Justice, Civil Right To Counsel, And The Role Of The Judge, Russell Engler

Court Review: Journal of the American Judges Association

It is hardly noteworthy to observe that judges play a crucial role in our adversary system, both inside and outside the courtroom. Yet, the past two decades have seen increased attention to the challenges facing the courts with the flood of unrepresented litigants in civil cases. The challenges impact the roles of each actor within the court system, including the judge. It should go without saying that the reality also creates immense challenges for the litigants themselves.


Appointment Of Counsel For Civil Litigants: A Judicial Path To Ensuring The Fair And Ethical Administration Of Justice, John Pollock Jan 2020

Appointment Of Counsel For Civil Litigants: A Judicial Path To Ensuring The Fair And Ethical Administration Of Justice, John Pollock

Court Review: Journal of the American Judges Association

In 2015, a pro se litigant named Aikiam Floyd brought a race discrimination claim in federal court against his former employer.1 However, his claim faced a motion to dismiss for being allegedly time barred. Jack Weinstein, who has been a federal judge in the Eastern District of New York since 1967, asked Floyd “a series of leading questions” to elicit the facts demonstrating the claim was not in fact time barred.2 Judge Weinstein then sua sponte recused himself, stating, “[T]he judge has intervened on plaintiff’s behalf. While no partiality could be construed in rejecting defendant’s motion for summary …


Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant Jan 2020

Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant

Faculty Scholarship

It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …


Membership Of The House Of Representatives And Committee Membership: Seventy-Second Generaly Assembly - Second Regular Session, Colorado General Assembly Jan 2020

Membership Of The House Of Representatives And Committee Membership: Seventy-Second Generaly Assembly - Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr Jan 2020

Expungement Reform In Arizona: The Empirical Case For A Clean Slate, Sonja Starr

Articles

No abstract provided.


Our Federalism On Drugs, Jonathan Adler Jan 2020

Our Federalism On Drugs, Jonathan Adler

Faculty Publications

Over the past decade, voters and legislatures have moved to legalize the possession of marijuana under state law. Some have limited these reforms to the medicinal use of marijuana, while others have not. Despite these reforms marijuana remains illegal under federal law. Although the Justice Department has not sought to preempt or displace state-level reforms, the federal prohibition casts a long shadow across state-level legalization efforts. This federal-state conflict presents multiple important and challenging policy questions that often get overlooked in policy debates over whether to legalize marijuana for medical or recreational purposes. Yet in a “compound republic” like the …


Diploma Privilege And The Constitution, Carol Chomsky Jan 2020

Diploma Privilege And The Constitution, Carol Chomsky

Articles

No abstract provided.


Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee Jan 2020

Double Standards: An Empirical Study Of Patent And Trademark Discipline, Jon J. Lee

Articles

No abstract provided.


Medical Aid In Dying By Telehealth, Konstantin Tretyakov Jan 2020

Medical Aid In Dying By Telehealth, Konstantin Tretyakov

Health Matrix: The Journal of Law-Medicine

Medical aid in dying is a form of medical treatment recognized in several states and the District of Columbia and available to adult residents of those states who are competent and suffer from a terminal disease. Timely access to it is critical for qualifying patients. The article explores the possibility of facilitating access to medical aid in dying via telehealth—a method of providing health care remotely by means of electronic communication. Specifically, I analyze the feasibility of medical aid in dying by telehealth from clinical and legal perspectives. I also examine a relevant normative issue of the nature of in-person …


Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly Jan 2020

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Measures To Enhance Law Enforcement Integrity, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2020

Concerning Measures To Enhance Law Enforcement Integrity, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The "Colorado Accurate Residence For Redistricting Act"., Colorado General Assembly Jan 2020

Concerning The "Colorado Accurate Residence For Redistricting Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Implementation Of The Colorado Secure Savings Program To Increase The Amount Of Retirement Savings By Colorado’S Private Sector Workers, And, In Connection Therewith, Making And Reducing An Appropriation., Colorado General Assembly Jan 2020

Concerning The Implementation Of The Colorado Secure Savings Program To Increase The Amount Of Retirement Savings By Colorado’S Private Sector Workers, And, In Connection Therewith, Making And Reducing An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Nicotine Product Regulations, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2020

Concerning Nicotine Product Regulations, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Natural Resources., Colorado General Assembly Jan 2020

Concerning A Supplemental Appropriation To The Department Of Natural Resources., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2020, Except As Otherwise Noted., Colorado General Assembly Jan 2020

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2020, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith Jan 2020

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

Utah Law Faculty Scholarship

Law school aims to teach lawyering skills as well as legal analysis. While all students must acquire the skills of legal analysis, research and writing, law schools may decide what other skills to teach. Students also acquire skills and habits in informal ways, through clerkship experiences or pro bono volunteer work. However, there has been almost no study of what “skills” students pick up in these informal ways, and whether there are skills that would better be learned as part of the curriculum. This study looks at the skill of legal interviewing employed by students in a pro bono brief …


Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith Jan 2020

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Utah Law Faculty Scholarship

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro Bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This paper utilizes a data set of over forty student-client consultations at a pro bono brief advice clinic that have been recorded and transcribed. It uses conversation analysis to study …


Learning From Our Mistakes: Conversation Analysis Reveals Best Practices For A Student-Staffed Pro Bono Project, Linda F. Smith Jan 2020

Learning From Our Mistakes: Conversation Analysis Reveals Best Practices For A Student-Staffed Pro Bono Project, Linda F. Smith

Utah Law Faculty Scholarship

Law schools make “pro bono” opportunities available to students to introduce them to the responsibilities of the profession. Often these pro bono law students help in “brief advice” projects staffed by volunteer attorneys. This staffing-supervision structure presents challenges in ensuring clients receive competent, individualized advice and the students receive adequate oversight so that this is a positive learning experience for them. This paper analyzes transcripts from 46 recorded student-client interviews and 35 student-attorney consultations. It focuses on those cases where there were “errors or omissions” -- either the client got some erroneous advice or the client did not receive complete, …


2019-2020 Annual Report, Tennessee. Department Of Labor And Workforce Development Jan 2020

2019-2020 Annual Report, Tennessee. Department Of Labor And Workforce Development

Annual Reports

This report highlights the accomplishments of the Department of Labor and Workforce Development for the fiscal year.


Producer Services: An Engine For High-Wage Job Growth, November 2020 Jan 2020

Producer Services: An Engine For High-Wage Job Growth, November 2020

Bureau of Business Research Publications

Producer Services: An Engine for High-Wage Job Growth, November 2020 The Nebraska Economy Responds to the COVID-19 Pandemic, May 2020


Concerning A Worker’S Rights In The Workplace For Conduct Related To A Principal’S Actions During A Public Health Emergency, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2020

Concerning A Worker’S Rights In The Workplace For Conduct Related To A Principal’S Actions During A Public Health Emergency, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly Jan 2020

Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.