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Articles 931 - 960 of 1143
Full-Text Articles in Entire DC Network
Inability To Pay: Court Debt Circa 2020, Judith Resnik, David Marcus
Inability To Pay: Court Debt Circa 2020, Judith Resnik, David Marcus
North Carolina Law Review
No abstract provided.
In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz E. Herrera, Jonel Newman
In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz E. Herrera, Jonel Newman
Faculty Scholarship
A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.” …
Republicanism’S Globalist Problem: How The Inevitability Of International Engagement Undermines States’ Capacity For Self-Governance, Andrew R. Ciacci
Republicanism’S Globalist Problem: How The Inevitability Of International Engagement Undermines States’ Capacity For Self-Governance, Andrew R. Ciacci
CMC Senior Theses
This thesis examines the difficulties philosophical theories have in adapting to international issues. This work primarily focuses on the philosophical theory of government known as “Republicanism”. According to republicanism, the government’s overarching goal is to promote freedom, which republicans understand as the ability to pursue choices without being under the arbitrary power of others. After establishing its merits, I lay out the core principles of republicanism as are most clearly articulated in Phillip Pettit’s work, Republicanism: A Theory of Freedom and Government. The second chapter then examines how Pettit applies his own view to analyze the state of Republican freedom …
Caring For Young Adults With Cancer: A Systematic Review, Sarah M. Pelletier
Caring For Young Adults With Cancer: A Systematic Review, Sarah M. Pelletier
All Graduate Theses, Dissertations, and Other Capstone Projects
Young adulthood is unique period of life in which critical developmental milestones are achieved amid dynamic physical, emotional, and social changes. During this period of life, young adults are charged with establishing personal and social independence. When challenged with a cancer diagnosis, the already turbulent late teens, twenties, and thirties are dramatically and permanently altered. Hence, the needs of young adults vary from that of their pediatric and older adult counterparts. The aim of this systematic review of the literature was to identify what age-specific needs must be addressed by healthcare professionals to enhance quality of care and outcomes for …
Creative And Responsive Advocacy For Reconciliation: The Application Of Gladue Principles In Administrative Law, Andrew Martin
Creative And Responsive Advocacy For Reconciliation: The Application Of Gladue Principles In Administrative Law, Andrew Martin
Articles, Book Chapters, & Popular Press
A s a response to the estrangement and alienation of Indigenous peoples from the Canadian justice system, Gladue principles are central to reconciliation in sentencing and other criminal law contexts. However, the role of Gladue principles in administrative law more broadly remains uncertain. In this paper, I argue that the factors underlying Indigenous peoples’ estrangement and alienation from the justice system indicate estrangement and alienation from the administrative state itself, and thus Gladue principles appropriately apply in administrative law contexts. Using the results of a comprehensive search of reported decisions by tribunals and by courts on judicial review, I analyze …
From Attorney General To Backbencher Or Opposition Legislator: The Lawyer’S Continuing Duty Of Confidentiality To The Former Client, Andrew Martin
From Attorney General To Backbencher Or Opposition Legislator: The Lawyer’S Continuing Duty Of Confidentiality To The Former Client, Andrew Martin
Articles, Book Chapters, & Popular Press
This note uses a recent incident from Manitoba to reflect on the professional duty of confidentiality owed to the Crown by a former Attorney General as lawyer. The duty of confidentiality survives the lawyer-client relationship. As a fiduciary, the lawyer cannot disclose or use the client’s confidential information for her own benefit or the benefit of a third party, or against the client. These obligations constrain the former Attorney General in her conduct as an opposition legislator and suggest that she should not accept an appointment as Justice critic for her caucus. While parliamentary privilege protects the former Attorney General …
Gladue At Twenty: Gladue Principles In The Professional Discipline Of Indigenous Lawyers, Andrew Flavelle Martin
Gladue At Twenty: Gladue Principles In The Professional Discipline Of Indigenous Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
In the wake of the Truth and Reconciliation Commission, the legal profession and its regulators have focused on the training and education of lawyers and law students, particularly in “intercultural competency,” as emphasized in Calls to Action 27 and 28.9 For example, in 2018 the Advocates’ Society, the Indigenous Bar Association, and the Law Society of Ontario jointly published a Guide for Lawyers Working with Indigenous Peoples, which observed—among other things—that “there is no such thing as a culturally neutral practice of law.” However, this training and education focus is important but incomplete: The journey toward reconciliation will also involve …
Not Just A Procedural Case: The Substantive Implications Of Knick For State Property Law And Federal Takings Doctrine, David A. Dana
Not Just A Procedural Case: The Substantive Implications Of Knick For State Property Law And Federal Takings Doctrine, David A. Dana
Fordham Urban Law Journal
No abstract provided.
Siting Homeless Shelters In New York City: Fair Share Versus Borough-Based, Madeline Halimi
Siting Homeless Shelters In New York City: Fair Share Versus Borough-Based, Madeline Halimi
Fordham Urban Law Journal
No abstract provided.
Covid-19’S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant
Covid-19’S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant
Fordham Urban Law Journal
No abstract provided.
Housing For The People: A Tenant Opportunity To Purchase Act For New York City, Faith Meixell
Housing For The People: A Tenant Opportunity To Purchase Act For New York City, Faith Meixell
Fordham Urban Law Journal
No abstract provided.
Deals, Victor P. Goldberg
Deals, Victor P. Goldberg
Faculty Scholarship
Over a quarter of a century ago, Ron Gilson, Dan Raff, and I developed a new course, The Economics of Complex Transactions, which came to be known as Deals. The motivation for the course was our perception of a great imbalance in the law school curriculum, which was weighted heavily toward litigation, particularly appellate litigation. While a substantial number of our graduates were becoming transactional lawyers, there was hardly anything available to prepare them for that practice. Our concept was that lawyers were transaction engineers and, when designing contracts, they faced a generic set of problems. Furthermore, there were techniques …
Against The "Safety Net", Matthew B. Lawrence
Against The "Safety Net", Matthew B. Lawrence
Faculty Articles
Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …
Identifying And Addressing Barriers To Treatment For Child Sexual Abuse Survivors And Their Non-Offending Caregivers, Kate Theimer, Akemi E. Mii, Emily Sonnen, Kelsey Mccoy, Katie Meidlinger, Brittany Biles, T. Zachary Huit, Mary F. Flood, David J. Hansen
Identifying And Addressing Barriers To Treatment For Child Sexual Abuse Survivors And Their Non-Offending Caregivers, Kate Theimer, Akemi E. Mii, Emily Sonnen, Kelsey Mccoy, Katie Meidlinger, Brittany Biles, T. Zachary Huit, Mary F. Flood, David J. Hansen
Department of Psychology: Faculty Publications
Mental health treatment is a critical part of an effective and compassionate response to the disclosure of child sexual abuse (CSA). Given the vast negative consequences for children and families following CSA, engagement in treatment can benefit youth and their non-offending caregivers. Yet, these families face unique barriers to treatment initiation, adherence, and effectiveness. The identification of these barriers allows clinicians, researchers, and policy makers to increase treatment utilization, engagement, and value. The current review and its recommendations derive from the existing literature combined with knowledge gained from a clinical research team with more than 20 years of experience offering …
Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith
Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith
Faculty Scholarship
Today's topic is a great one – one that is of central importance to the fairness of our markets and their integrity. The Securities and Exchange Commission (SEC) and the U.S. system of protecting the integrity of capital markets have long been seen as the gold standard. But does that continue to be true? Are there other systems and models that are, in fact, better than what we do here in the United States? We, of course, are filled with flaws and shortcomings of our own.
A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg
A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg
Faculty Scholarship
To a US appraiser, article 17 of the Digital Single Market Directive suggests the EU has learned from American mistakes (and from its own) in the allocation of internet intermediaries’ liability for hosting and communicating user-posted content. Before the DSM Directive, art. 14 of the 2000 eCommerce Directive set out a notice-and-takedown system very similar to the regime provided in 17 U.S.C. section 512(c). Both regimes replaced the normal copyright default, which requires authorization to exploit works, with a limitation on the liability of service providers who complied with statutory prerequisites. Because the limitation ensured that service providers would not …
The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson
The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson
Faculty Scholarship
The Covid-19 crisis has laid bare the fragility of social insurance systems in the United States and the lack of income security and basic benefits for many workers and residents. The United States has long had weaker protections for workers compared to other liberal democracies racial and economic disparities among those most affected by these dislocations (analyses are hampered by a paucity of demographic data). Those who were socially and economically vulnerable before the pandemic (for example due to homelessness, immigration status, or incarceration) are likely to suffer the most harm. Changes in workplace conditions as a result of the …
Getting A Lawyer While Black: A Field Experiment, Brian Libgober
Getting A Lawyer While Black: A Field Experiment, Brian Libgober
Lewis & Clark Law Review
In this Article, I present new evidence that African-Americans face unique impediments in obtaining access to counsel. Using a randomized audit design, I show that those with black-sounding names receive only half the callbacks of those with white-sounding names in response to requests for legal representation. I design a larger, follow-up experiment to evaluate variations on the theory of “statistical discrimination”—that lawyers are merely responding to economically relevant signals correlated with race. I find no evidence supporting the expectations of the statistical discrimination theory but some evidence that racial preferences matter. I conclude by presenting a more nuanced theory of …
Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls, Lynn A. Baker, Stephen J. Herman
Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls, Lynn A. Baker, Stephen J. Herman
Lewis & Clark Law Review
The individual plaintiff in an MDL is subject to the efforts and decisions of numerous different attorneys, including many whom the plaintiff did not choose but who stand to share in any fees resulting from the plaintiff’s case. Which lawyers effectively represent the MDL plaintiff, at what point(s) in time, for what purpose(s), and with what obligations and potential liability to that plaintiff? What obligations and potential liability do the MDL leadership attorneys have to their own individually retained clients and other litigants in the MDL, and how should these attorneys handle any perceived conflicts in their obligations to the …
The Importance Of Cy Pres In Modern Class Action Jurisprudence And Myths Concerning Its Use, Gerson H. Smoger
The Importance Of Cy Pres In Modern Class Action Jurisprudence And Myths Concerning Its Use, Gerson H. Smoger
Lewis & Clark Law Review
When class actions resolve, it is common for some or even all funds paid to the class to remain undistributed. All U.S. circuits, 40 states, and the Class Action Fairness Act have permitted undistributed funds to be distributed as cy pres. Recently, a few commentators have voiced constitutional objections to cy pres, based upon standing pursuant to Article III, the Rules Enabling Act, and the First Amendment. However, these analyses generally ignore the congressional mandate found within Rule 23 and the power of the courts to supervise cy pres distribution. Finally, the following recommendations are made: such awards should not …
Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant
Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant
Faculty Scholarship
This Essay explores the plight of students with disabilities during the COVID-19 pandemic, particularly those enrolled in under-resourced school districts. To address these ongoing disparities, remediate student regression, and prevent further educational loss, we must act quickly to get resources to the students who need it most and to guide districts towards using these resources effectively. This Essay questions whether federal and state governments are truly committed to creatively examining the current special education framework and adopting solutions that will prioritize expanding access to resources for students with disabilities. These solutions include an immediate advancement of funds to aid states …
Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward
Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward
Faculty Scholarship
The current discussions around algorithms, legal ethics, and expanding legal access through technological tools gravitate around two themes: (1) protection of the integrity of the legal profession and (2) a desire to ensure greater access to legal services. The hype cycle often pits the desire to protect the integrity of the legal profession against the ability to use algorithms to provide greater access to legal services, as though they are mutually exclusive. In reality, the arguments around protecting the profession from the threats posed by algorithms represent an over-fit in relation to what algorithms can actually achieve, while the visions …
Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg
Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg
Faculty Scholarship
Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to better …
Law, Artificial Intelligence, And Natural Language Processing: A Funny Thing Happened On The Way To My Search Results, Paul D. Callister
Law, Artificial Intelligence, And Natural Language Processing: A Funny Thing Happened On The Way To My Search Results, Paul D. Callister
Faculty Works
Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325 federal courts of appeals decisions, revealed that only 16% of the cases cited in appellate briefs make it into the courts’ opinions. This does not exactly inspire confidence in legal research or its tools to maintain stability of the law. As Robert Berring foresaw, …
Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg
Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg
Journal of Criminal Law and Criminology
Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to …
The Politics Of Lawyer Regulation: The Case Of Malpractice Insurance, Leslie C. Levin
The Politics Of Lawyer Regulation: The Case Of Malpractice Insurance, Leslie C. Levin
Faculty Articles and Papers
This Article examines the politics of lawyer regulation and considers why some states will adopt lawyer regulation that protects the public, when others will not. It uses the debates over how to regulate uninsured lawyers as a lens through which to examine the question. Clients often cannot recover damages from uninsured lawyers who commit malpractice, even when those lawyers cause serious harm. Yet only two states require that lawyers carry malpractice insurance. This Article uses case studies to examine the ways in which six states recently have addressed the issue of uninsured lawyers to understand this regulatory failure. It uses …
Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney
Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney
Faculty Articles and Papers
In many states, the highest number of docketed grievances arise out of criminal and family law matters. This report analyzes the 4,898 grievances filed with the Wisconsin Office of Lawyer Regulation (“OLR”) in family or criminal law matters during the period from 2013-2016. The OLR provided the data, enabling analysis of the grievances by gender, age, length of time since law school graduation, type of matter, prior experience with diversion or discipline, and geographical location. The data also revealed the frequency of allegations by practice matter, the types of allegations that led to discipline, and the frequency with which lawyers …
Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger
Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger
Articles & Chapters
This article describes the origin and development of the modern Thai legal profession. Intimately linked in origin to the development of the modern Thai state, the legal profession increasingly resembles the profession in economically developed democracies. Paralleling other regional developments, Thailand’s rapid economic development, constitutional reforms, and expanding judicialization drives many of the most important changes in the education and function of lawyers. Significant differences continue to exist between the profession in Thailand and legal professions in developed democracies, reflecting the profession’s origins and the continuing influence of consciousness and class structure as well as Thailand’s peculiarly semi-democratic and monarchical …
"And All Were Welcome": An Analysis Of The Transgender Child In Contemporary Picture Books, Isaac Prestwich
"And All Were Welcome": An Analysis Of The Transgender Child In Contemporary Picture Books, Isaac Prestwich
Pomona Senior Theses
This paper constitutes an interrogation of children’s picture books that feature trans and gender non-conforming child protagonists. In these books, the audience, presumed to be a child, whose experience of the narrative is mediated through the adult or older figure reading the picture book, is brought to empathize and identify with the book’s characters, whether they be the protagonist themselves, or those auxiliary figures who surround the main character. My goal is to identify consistent themes across the genre, as well as within the field of critical childhood studies, particularly as they pertain to the rhetorical value of the Child, …
A Health Needs Assessment Of People Living With Hiv In Montana, Sabrina Singh
A Health Needs Assessment Of People Living With Hiv In Montana, Sabrina Singh
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.