Digital Commons Network^™

Discovery Under § 1782 In International Commercial Arbitration: Recent Developments From A Comparative Perspective, Tamar Meshel

The International Lawyer

No abstract provided.

Will The "Legal Singularity" Hollow Out Law's Normative Core?, Robert F. Weber

Michigan Technology Law Review

This Article undertakes a critical examination of the unintended consequences for the legal system if we arrive at the futurist dream of a legal singularity—the moment when predictive, mass-data technologies evolve to create a perfectly predictable, algorithmically-expressed legal system bereft of all legal uncertainty. It argues that although the singularity would surely enhance the efficiency of the legal system in a narrow sense, it would also undermine the rule of law, a bedrock institution of any liberal legal order and a key source of the legal system’s legitimacy. It would do so by dissolving the normative content of the two …

Workplace Experiences Of Migrant Workers In Colorado, Lynann Holly Butler

Walden Dissertations and Doctoral Studies

AbstractMigrant workers often endure a variety of abuses in the workplace, including financial exploitation, exposure to toxins, isolation, and lack of access to health care. Although researchers have demonstrated that these circumstances exist for migrant workers in other parts of the world, there was a dearth of research on the lived experiences of migrant workers in Colorado. The purpose of this hermeneutic phenomenological study was to better understand the lived experiences of migrant workers in Colorado, who are a growing and impactful population in Colorado. The theoretical framework was Rawl’s social justice theory, which purports that no one group of …

Monopolizing Whiteness, Erika K. Wilson

Faculty Articles

In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income, predominantly nonwhite school districts. The existence of predominantly white and affluent school districts in racially diverse metropolitan areas has material consequences and symbolic meaning. Materially, such districts receive greater educational inputs such as higher per-pupil spending, higher teacher quality, and newer facilities than their neighboring more racially diverse districts. Symbolically, owing to the material and status-based value attached to whiteness, the districts are also viewed as elite, which creates a magnetic effect that draws white affluent …

Sacrificing Secrecy, Daniel S. Harawa

Faculty Articles

Juries have deliberated in secret since medieval times. The historical reason for the secrecy is that it promotes impartiality, which in turn protects a defendant’s right to a fair trial. But as it turns out, jurors are not always impartial. Lurid examples exist of jurors condemning defendants based on the defendant’s race, sexuality, ethnicity, and religion. Generally speaking, courts cannot hear evidence of what transpired during deliberations. In 2017, however, the U.S. Supreme Court created an exception to this rule, holding that the Sixth Amendment requires courts to hear evidence of jurors making racially biased statements. But this exception means …

Covid-19’S Impact On Human Trafficking: The Invisible Industry In New Hampshire, Brittany Dunkle

Honors Theses and Capstones

Human trafficking is a modern-day form of slavery that operates on the premise of exploitation, such as forced prostitution and labor, and organ trafficking. This is a global industry resulting in billions. Despite the current global pandemic, COVID-19, putting a halt to many livelihoods around the world, human trafficking will persist, but in conditions that are potentially more harmful for the victims. Victims of trafficking are in an increasingly vulnerable position, and it is important to establish possible mechanisms to protect as many victims and potential victims as possible. Typical risk factors (i.e., poverty, state’s interest vs. individual interest, unemployment) …

Strategies For Improving Local Content Development In Nigeria Oil And Gas Industry, Ukaegbu Onwuka

Walden Dissertations and Doctoral Studies

Local content development is fast becoming a strategic management issue for multinational extractive companies in Africa with significant efficiency and profitability implications. As local content statutory regulators aim to increase the average local content value in the Nigeria oil and gas industry from 26% in 2017 to 70% in 2027, supply chain managers need effective strategies for increasing local content in their processes and products. Grounded in the local content development framework and mediated impact model of supplier development, the purpose of this qualitative multiple case study was to explore strategies supply chain managers in the multinational oil and gas …

Videoconference Fatigue? Exploring Changes In Fatigue After Videoconference Meetings During Covid-19, Andrew A. Bennett, Emily D. Campion, Kathleen R. Keeler, Sheila K. Keener

Management Faculty Publications

In response to the COVID-19 global health pandemic, many employees transitioned to remote work, which included remote meetings. With this sudden shift, workers and the media began discussing videoconference fatigue, a potentially new phenomenon of feeling tired and exhausted attributed to a videoconference. In the present study, we examine the nature of videoconference fatigue, when this phenomenon occurs, and what videoconference characteristics are associated with fatigue using a mixed methods approach. Thematic analysis of qualitative responses indicates that videoconference fatigue exists, often in near temporal proximity to the videoconference, and is affected by various videoconference characteristics. Quantitative data was collected …

Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg

North Carolina Law Review

No abstract provided.

Where Are We Going? The Past And Future Of Canadian Scholarship On Legal Ethics For Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In this essay I assess and reflect on the past and future of the Canadian literature on legal ethics and professionalism for government lawyers in order to identify strengths and weaknesses and areas for growth and to evaluate its long-term viability. I call for the existing and continuing first wave of doctrinal work to be joined by a second wave of analytical and critical work. Ultimately, I conclude that this literature is at a defining moment and that, without timely and sustained contributions by both academics and government lawyers, it risks failure as a meaningful area of study.

Dans cet …

The Duty Of Legislative Counsel As Guardians Of The Statute Book: Sui Generis Or A Professional Duty Of Lawyers?, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Legislative counsel—those who draft legislation for the executive or for legislative assemblies—are largely overlooked in the Canadian legal literature and case law. One respect in which legislative counsel appear to be unique is their duty as guardians or keepers of the statute book. This article argues that this Guardian duty is best understood as a professional duty of legislative counsel as lawyers. In the same way that all lawyers have professional duties as officers of the court, though these duties are most relevant to litigators, all lawyers have professional duties as officers of the statute book, though these duties are …

Mental Illness And Professional Regulation: The Duty To Report A Fellow Lawyer To The Society, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Lawyers have a largely overlooked duty to report other lawyers to the law society in a range of circumstances. This duty contemplates mental illness, explicitly or implicitly, as a reportable condition and thus engages issues of stigma and discrimination. This article analyzes this reporting duty with a focus on its implications for lawyers with disabilities. The article begins by examining the history and text of the rule and considering several legal problems it presents. It then canvasses law societies’ duties to their members with disabilities under human rights law and analyzes how the duty to report interacts with human rights …

Assessing An Academic Readiness Model In A Community College Occupational Program, Scott A. Hauert, Robert L. Moore, Quinton Nottingham

STEMPS Faculty Publications

This study assessed a localized academic readiness model that measures academic skills relevant to an occupational program and the institutional context. Enrollment in the program’s mandatory gateway course is contingent upon establishing academic readiness either: (1) possess an associate-level or higher degree; (2) achieve placement test scores that permit enrollment in college-level English composition/critical reading; or (3) complete developmental education prerequisites to permit enrollment in college-level English composition/critical reading. Using the gateway course performance for 112 students, the study explored whether any of the model’s criterions are significantly related to success in the gateway course and whether there is any …

People’S Electric: Engaged Legal Education At Rutgers-Newark Law School In The 1960s And 1970s, George W. Conk

Fordham Urban Law Journal

No abstract provided.

On Bankruptcy’S Promethean Gap: Building Enslaving Capacity Into The Antebellum Administrative State, Rafael I. Pardo

Fordham Urban Law Journal

No abstract provided.

Making Deflection The New Diversion For Drug Offenders, Kay L. Levine, Joshua C. Hinkle, Elizabeth Griffiths

Faculty Articles

The argument unfolds as follows. In Part I, we describe the origins and operation of deflection programs that currently exist in the United States and present the published empirical evidence about their effect on recidivism rates, as well as police and user population responses to them. We specifically discuss the LEAD template from Seattle, in addition to other models in Massachusetts and Texas. In Part II, we take a closer look at how conventional policing differs from the pre-arrest diversion program that was recently instituted in Atlanta. Using data from an original dataset of all 2012 felony drug arrests in …

Regulatory Competition And State Capacity, Martin W. Sybblis

Faculty Articles

This Article explores an underlying tension in the regulatory competition literature regarding why some jurisdictions are more attractive to firms than others. It pays special attention to offshore financial centers (OFCs). OFCs court the business of nonresidents, offer business friendly regulatory environments, and provide for minimal, if any, taxation on their customers. On the one extreme, OFCs are theorized as merely products of legislative capture— thereby lacking any meaningful agency of their own. On the other hand, OFCs are conceptualized as well-governed jurisdictions that attract investment because of the high quality of their laws and legal institutions—indicating some ability to …

Unscripted Mock Trial And Full-Scale Litigation In A College Setting, Robert A. Kearney

Southern Illinois University Law Journal

Mock trial programs in colleges do more than give students a taste of the lawyer’s life. At their best, they serve students: by connecting them to professional standards, by placing them in a competitive, though simulated, environment that requires critical thinking, teamwork, and resilience, and by giving students “authentic” learning activities not possible in the classroom. But in order to provide students with more than just a taste of litigation, one liberal arts school’s business program annually offers an open-enrollment, unscripted mock trial class that is both mock trial and full-scale litigation, complete with hours of depositions, tedious discovery, motion …

Law Talk In A Brief Advice Clinic, Linda F. Smith

Southern Illinois University Law Journal

Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes. Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …

Strengthened Bonds: Abolishing The Child Welfare System And Re-Envisioning Child Well-Being, Nancy D. Polikoff, Jane M. Spinak

Faculty Scholarship

The 2001 book, Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts, called out the racism of the child welfare system and the harms that system perpetrates on families and communities. Twenty years later, despite numerous reform efforts, the racism and profound harms endure. It is time for transformative change. In this foreword to the symposium Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being, honoring the 20th anniversary of Shattered Bonds, we highlight Professor Roberts’ articulation of her development as a family policing abolitionist and summarize the articles and comments contributed from scholars …

Clinicians Reflect On Covid-19: Lessons Learned And Looking Beyond, The Association Of American Law Schools (Aals) Policy Committee, Deborah Archer, Caitlin Barry, Lisa Bliss, Gautam Hans, Vida Johnson, Carolyn Haas, Lynnise E. Pantin, Kele Stewart, Erica Wilson, The Clinical Legal Education Association (Clea) Committee For Faculty Equity And Inclusion, Priya Baskaran, Jennifer Fernandez, Crystal Grant, Anjum Gupta, Julia Hernandez, Alexis Karteron, Shobha Mahadev

Faculty Scholarship

As a result of the unprecedented COVID-19 pandemic, clinical faculty had to abruptly adapt their clinical teaching and case supervision practices to adjust to the myriad restrictions brought on by the pandemic. This brought specialized challenges for clinicians who uniquely serve as both legal practitioners and law teachers in the law school setting. With little support and guidance, clinicians tackled never before seen difficulties in the uncharted waters of running a clinical law practice during a pandemic.

In this report, we review the responses of 220 clinicians to survey questions relating to how law clinics and clinicians were treated by …

Children In Custody: A Study Of Detained Migrant Children In The United States,, Emily Ryo, Reed Humphrey

Faculty Scholarship

Every year, tens of thousands of migrant children are taken into custody by U.S. immigration authorities. Many of these children are unaccompanied by parents or relatives when they arrive at the U.S. border. Others who are accompanied by parents or relatives are rendered unaccompanied when U.S. immigration authorities separate them upon apprehension. Together, these minors are called unaccompanied alien children (UACs) and transferred to the custody of the Office of Refugee Resettlement (ORR), unless and until their immigration cases are resolved or until the children can be placed with a sponsor in the United States pending the adjudication of their …

Fiduciary Duties On The Temporal Edges Of Agency Relationships, Deborah A. Demott

Faculty Scholarship

The duties that principals and agents owe each other are typically coterminous with the agency relationship itself. But sometimes temporal lines of clean demarcation do less work. The Chapter identifies situations in which an agent may owe duties—including fiduciary duties—to the principal prior to the formal start of their relationship, including any enforceable contract between the parties. Likewise, not all duties that agents and principals owe each other end with the relationship. The Chapter explores the rationales for duties at the temporal peripheries for an agency relationship and the extent to which they are derived from doctrines distinct from agency …

Clinicians Reflect On Covid-19: Lessons Learned And Looking Beyond, Deborah Archer, Caitlin Barry, Priya Baskaran, Lisa Bliss, Jennifer Fernandez, Crystal Grant, Anju Gupta, Gautam Hans, Julia Hernandez, Vida Johnson, Carolyn Kaas, Alexis Karteron, Shobha Mahadev, Lynnise Pantin, Kele Stewart, Erika Wilson

Faculty Scholarship

As a result of the unprecedented COVID-19 pandemic, clinical faculty had to abruptly adapt their clinical teaching and case supervision practices to adjust to the myriad restrictions brought on by the pandemic. This brought specialized challenges for clinicians who uniquely serve as both legal practitioners and law teachers in the law school setting. With little support and guidance, clinicians tackled never before seen difficulties in the uncharted waters of running a clinical law practice during a pandemic.

In this report, we review the responses of 220 clinicians to survey questions relating to how law clinics and clinicians were treated by …

Deaf Pastor Cohort: Self-Care For Deaf Pastors, Karen R. Bregman

All Electronic Theses and Dissertations

The Researcher observed posts on social media from deaf pastors sharing their experiences of personal and professional struggles with suicide, depression, and mental health challenges with their close circle of pastors, colleagues, and congregation. These are tremendous burdens for both Deaf and hearing pastors. The scriptures cited for this research were 1 Kings 19, Psalm 23, and Mark 7:31-37; these Scriptures provide the theological basis that God provides self-care. The recipients became healthier emotionally, mentally, physically, socially, and spiritually. The recipients were able to recover and minister to their respective congregations and communities. The Researcher conducted a qualitative case study …

Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin

Faculty Articles and Papers

Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …

Understanding The Nature Of Non-Profit Incubators With Other Sector Incubators In The Founding Of Social Change Organisations By Social Entrepreneurs, Jesus N. Valero, Marina Saitgalina, Rachel A. Black

School of Public Service Faculty Publications

Incubators have been studied extensively in the private sector, such as those that engage in technological innovation or growing small businesses. The scholarship has not sufficiently explored the efforts of incubators in the nonprofit sector that help create programs supporting, mentoring, and cultivating social entrepreneurs. There are numerous documented cases of nonprofit organizations establishing initiatives that help motivated entrepreneurs achieve social change; but research is lagging in developing a systematic understanding of these effort’s impact, and the factors associated with the success of nonprofit initiatives that support social entrepreneurs. This paper seeks to understand the nature of nonprofit organizations that …

Plagiarism Pedagogy: Why Teaching Plagiarism Should Be A Fundamental Part Of Legal Education, Brian L. Frye, Megan E. Boyd

Law Faculty Scholarly Articles

As a practicing lawyer, if you aren’t plagiarizing, you’re committing malpractice. Litigators copy forms and arguments from winning briefs rather than bill their clients for reinventing the wheel. Transactional lawyers copy enforceable agreements to ensure their agreements are enforceable too. Partners routinely present documents prepared by associates (and sometimes even paralegals) as their own work. And judges are the most prolific plagiarists of all, copying briefs, opinions, treatises, and legal and nonlegal scholarship, adopting arguments from lawyers and holdings from other judges as their own and claiming authorship of opinions written primarily by their clerks or the parties to the …

South Carolina Practice Materials: A Selective Annotated Bibliography, Eve Ross

Faculty Publications

No abstract provided.

Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, Dana Neacsu

Law Faculty Publications

May 19, 2021, marked a crucial point in the United States’ fight against the COVID-19 pandemic: sixty percent of U.S. adults had been vaccinated. Since then, Americans have witnessed the beginning of the end of the COVID-19 pandemic, but its long-term effects are here to stay. Ironically, some are unexpectedly welcome. Among the lasting positive changes is an augmented sense of individual involvement in community well-being. This multifaceted phenomenon has given rise to #BLM allyship and heightened interest in mutual aid networks. In the legal realm, it has manifested with law students, their educators, lawyers, and the American Bar Association …