Digital Commons Network^™

Student Readiness Of Colleges: A Qualitative Study, Karen Widger Caldwell, Cala Millis, Timothy N. Constant, Patrick Borg, Katherine Threatt-Morgan, Christopher J. F. Burke

Journal of College Access

Using the framework of belonging, this qualitative study explores how one upper midwestern college engages in student-readiness and explores the disconnects that create barriers to student-readiness. The study investigates ‘student readiness’ broadly through the literature and more specifically by narrowing efforts to a detailed examination of one college by conducting interviews, observations, and collecting artifacts. The results of the study revealed that the college addressed student readiness differently depending on perspectives of staff/faculty, administration, and students. Three themes emerged after coding and examination of the data: supports, community and disconnect.

Enhancing Institutional Undocu-Competence Through Establishing Undocumented Student Resource Centers: A Student-Encompassed Approach, Nicholas Tapia-Fuselier

Journal of College Access

In response to the barriers that undocumented students face in postsecondary education, some colleges and universities are striving to enhance their undocu-competence – the capacity to serve, support, and advocate for undocumented students. One way that institutions are demonstrating this is by establishing Undocumented Student Resource Centers (USRCs). This qualitative study examined the ways in which USRCs support undocumented students and contribute to institutional efforts at enhancing undocu-competence. Findings indicate that USRCs are student-encompassed spaces that provide customized and comprehensive care for undocumented students. Moreover, despite being under-resourced, their impact is campus-wide, largely through building and sustaining undocu-allies. Implications for …

Catalyzing Change For Undocumented Students At Post-Secondary Institutions In California, Iliana G. Perez, Nancy Jodaitis, Victor Garcia

Journal of College Access

This paper highlights learning lessons and best practices from the California Campus Catalyst Fund (CCCF), a unique 3-year, $14M grant and technical assistance initiative, which supports programs for undocumented students at 32 campuses within each of the public higher education segments in California (University of California, California State University, and California Community Colleges). The paper focuses on three essential components of substantive changes for undocumented students attending CCCF campuses: 1) access to financial aid, 2) knowledge about income generation through entrepreneurship, and 3) student leadership development. Recommendations stemming from best practices and implementation of the CCCF are provided for multiple …

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica Steinberg, Alyx Mark

GW Law Faculty Publications & Other Works

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power …

Looking Toward Brexit's Aftermath: Pharmaceutical Provisions Affecting The Nhs In A Future U.S.-U.K. Bilateral Trade Agreement, Ryan Rainey

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Do It Yourself Legal Services? Domestic Violence Victims May Depend On It, Sabrina Marquez

Seattle University Law Review

This Note will address how encouraging nonlawyer Internet programs to engage in limited areas frequently considered the “practice of law” will increase the ability of vulnerable groups, especially victims of domestic violence, to receive crucial—and potentially lifesaving—legal assistance.

Part I will outline the rise of Internet legal service providers (ILSPs), who have innovated software programs that help clients fill out and file a wide assortment of legal documents, as well as the negative response these services have received from state bar associations and the wider legal community. Part II will discuss why a different method of providing legal assistance is …

The Future And Development Of E-Sports, Zuoyi Chen

Master of Education in Applied Human Development Graduate Projects

E-sports have been growing exponentially since the launch of StartCraft in 1998. Their growth was first observed in South Korea, where the national government incorporated it into the cultural mainstream. South Korea established several e-sports competitions, which encouraged the youth’s widespread acceptance of e-sports. The culture quickly spread to other nations, such as neighboring China. With the proliferation of smartphones, consumption of esports increased in countries such as India and Africa – this technology led to the introduction of e-sports in new regions. The Chinese government was also researching 5G to increase the consumption of e-sports in the country, where …

2021-2022 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Joint Dedication To Chief Justice David Gilbertson & Professor Emeritus Jonathan Van Patten, Steven R. Jensen, Janine M. Kern, Mary Campbell Mcqueen, Lee Schoenbeck, Natalie Damgaard, Patrick Garry, Chris Hutton, Thomas E. Simmons, Charles Thatcher

South Dakota Law Review

No abstract provided.

Restatements Of Statutory Law: The Curious Case Of The Restatement Of Copyright, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

For nearly a century, the American Law Institute’s (ALI) Restatements of the Law have played an important role in the American legal system. And in all of this time, they refrained from restating areas of law dominated by a uniform statute despite the proliferation and growing importance of such statutes, especially at the federal level. This omission was deliberate and in recognition of the fundamentally different nature of the judicial role and of lawmaking in areas governed by detailed statutes compared to areas governed by the common law. Then in 2015, without much deliberation, the ALI embarked on the task …

How The Administrative State Got To This Challenging Place, Peter L. Strauss

Faculty Scholarship

Written for a dispersed agrarian population using hand tools in a local economy, our Constitution now controls an American government orders of magnitude larger that has had to respond to profound changes in transportation, communication, technology, economy, and scientific understanding. How did our government get to this place? The agencies Congress has created to meet these changes now face profound new challenges: transition from the paper to the digital age; the increasing centralization in an opaque, political presidency of decisions that Congress has assigned to diverse, relatively expert and transparent bodies; the thickening, as well, of the political layer within …

Judges And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark

Faculty Scholarship

In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as …

A Ringing Endorsement Of Lawyers, And The Most Important Development In Child Protection Law, Joshua Gupta-Kagan

Faculty Scholarship

Two empirical studies demonstrating the impact of vigorous family defense legal work on child protection cases bookended the 2010s. In 2012, Mark Courtney and Jennifer Hook found that cases in which a specialized interdisciplinary law office (ILO) represented parents had faster reunifications, guardianships, and adoptions than similar cases with different parental representation, though it did not explore how those results were obtained. In 2019, Lucas Gerber, Yuk Pang, Timothy Ross, Martin Guggenheim, Peter Pecora, and Joel Miller found that, compared to solo and small office practitioners, ILOs in New York City hastened reunification and guardianships for their clients, leading to …

Federal Corporate Law And The Business Of Banking, Lev Menand, Morgan Ricks

Faculty Scholarship

The only profit-seeking business enterprises chartered by a federal government agency are banks. Yet there is barely any scholarship justifying this exception to state primacy in U.S. corporate law.

This Article addresses that gap. It reinterprets the National Bank Act (NBA) – the organic statute governing national banks, the heavyweights of the financial sector – as a corporation law and recovers the reasons why Congress wrote this law: not to catalyze private wealth creation or to regulate an existing industry, but to solve an economic governance problem. National banks are federal instrumentalities charged with augmenting the money supply – a …

Mdl Revolution, Elizabeth Chamblee Burch, Abbe Gluck

Scholarly Works

Over the past 50 years, multidistrict litigation (MDL) has quietly revolutionized civil procedure. MDLs include the largest tort cases in U.S. history, but without the authority of the class-action rule, MDL judges—who formally have only pretrial jurisdiction over individual cases—have resorted to extraordinary procedural exceptionalism to settle cases on a national scale. Substantive state laws, personal jurisdiction, transparency, impartiality, reviewability, federalism, and adequate representation must all yield if doing so fulfills that one goal.

Somehow, until now, this has remained below the surface to everyone but MDL insiders. Thanks to the sprawling MDL over the opioid crisis—and unprecedented opposition to …

Do Parents Receive Reasonably Equivalent Value For Paying College Tuition For Their Children Making Such Payments Avoidable, Alexandria Stiteler

Bankruptcy Research Library

(Excerpt)

Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid a transfer by a debtor that was an actual or constructive fraud. An actual fraudulent transfer is a transfer made with actual intent to hinder, delay, or defraud creditors. In general, a constructive fraudulent transfer is a transfer or the incurrence of an obligation by a debtor that was made within two years before the date of filing the bankruptcy petition, for less than reasonably equivalent value, at a time when the debtor was insolvent and could not pay its debts …

Focus On The Future: An Interview With Justin S. Smith, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins

Law Faculty Scholarship

No abstract provided.

Turning Participation Into Power: A Water Justice Case Study, Jaime Alison Lee

All Faculty Scholarship

No abstract provided.

Startups And Human Capital Management In Egypt: In Search Of Decent Jobs, Maryham Abdel Malak, Ibrahem El Sayed Hassan, Fayrouz El Dabbagh, Laila M. El Baradei

Papers, Posters, and Presentations

While startups are considered an important potential contributor to Egypt’s economic growth, they encounter myriad challenges that hinder their ability to reach their potential, sustain their market presence, and their capacity to provide decent job opportunities. Challenges include the difficulty of locating and sustaining funding, the complicated legal and regulatory framework that governs them, the conservative social norms and culture, and the lack of data and information regarding market dynamics and existing opportunities. The research findings revealed that many startups face challenges with their Human Capital Management (HCM), in the planning, acquisition, development, or sanction functions. This policy paper examines …

Howdy, Partner: Challenges With State Takeovers And Charter Partnerships In Texas School Districts, Hannah Luke

SMU Law Review

Since President Johnson passed the first federal education legislation in the 1960s, lawmakers at both the state and federal level have been searching for effective ways to hold public schools accountable. The 2015 amendments to the Elementary and Secondary Education Act gave states increased flexibility to implement their own innovative accountability measures, and with this newfound authority, Texas passed two laws: House Bill 1842 (HB 1842) in 2015 and Senate Bill 1882 (SB 1882) in 2017. The stringent measures in HB 1842 threaten struggling schools with state takeover if they consistently fail to meet standards, while SB 1882 incentivizes schools …

Reimagining Civil Case Management, Paula Hannaford-Agor

Faculty Publications

Court rules are necessary, but insufficient by themselves to address problems of cost and delay. Instead, state courts today are embracing a considerably broader view of civil case management, one that encompasses the total constellation of court rules, business practices, culture and governance, and staffing and technology infrastructure. Effective case management now recognizes the importance of five core components that are necessary to achieve timely, cost-effective, and procedurally fair justice: (1) triage to ensure that cases receive attention proportional to their needs; (2) process simplification to remove procedural barriers that unnecessarily complicate litigation; (3) stakeholder engagement to ensure clear communication …

The Advocate (Fall 2021), Lewis & Clark Law School

The Advocate

No abstract provided.

Richmond Law Magazine: Winter 2021, University Of Richmond

Richmond Law Magazine

The Pandemic Pivot

8 Things to Know When Suing and Defending in a Post-COVID World

The Pandemic, Students, and The Law

Winter 2021

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Tiffany Leung, Madison Ranta

Graphic Design & Layout: Alexandra Fox

Perceptions Of Domestic Violence Among Women In The Department Of Artibonite, Haiti, Kenaz Jean Baptiste

Walden Dissertations and Doctoral Studies

One of the major problems that face women in Haiti, especially those in the department of Artibonite, is domestic violence also called domestic or relationship abuse, and intimate partner violence. In the department of Artibonite (Artibonite county), violation of women’s rights is stimulated and encouraged by cultural norms, religious practices, economic, social, and political conditions. This phenomenological study explored the experiences, views, and beliefs of abused women in the department of Artibonite, Haiti, and the factors that influence domestic violence. Data were acquired through in-depth interviews of 17 women and was coded, categorized, and summarized into interpretive themes. Elements such …

Ethical Duty To Investigate Your Client?, Peter A. Joy

Scholarship@WashULaw

Lawyers have been implicated in corporate scandals and other client crimes or frauds all too often, and the complicity of some lawyers is troubling both to the public and to members of the legal profession. This is especially true when the crime involved is money laundering. As a response to attorney involvement in crimes or frauds, some legal commentators have called for changes to the ethics rules to require lawyers to investigate their clients and client transactions under some circumstances rather than remaining “consciously” or “willfully” blind to what may be illegal or fraudulent conduct. The commentators argue that such …

Functions Of The Rule Of Law, Brian Z. Tamanaha

Scholarship@WashULaw

This concise essay examines multiple manifest and latent functions of the rule of law. The rule of law is characterized as a society in which government officials and the populace are generally bound by and abide law. The functions covered include: personal and collective security and trust; integration of society; legal restrictions on officials; liberty and guiding conduct; economic development; a pivotal place for legal professionals; entrenching power structures; normative commitment and critical standard; and rhetoric. The discussion raises core issues about each function.

Disruptive Implications Of Legal Positivism’S Social Efficacy Thesis, Brian Z. Tamanaha

Scholarship@WashULaw

The social efficacy thesis holds that for law to exist it must be generally obeyed by the populace. Accepted by virtually all legal positivists, this is the most neglected thesis of legal positivism. Despite its nigh universal acceptance by theorists, however, the efficacy thesis is surrounded with unanswered questions with significant implications. Several questions immediately come to mind: How widespread must conformity to law be? What must people conform to (all areas of law)? Who must conform (legal officials, government officials, the entire populace, significant groups)? What does conformity entail (normatively, knowingly, behaviorally)? This essay explores these issues and a …

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

Scholarship@WashULaw

As the United States contends with the economic crisis triggered by the COVID-19 pandemic, federal bankruptcy law is one tool that can be used to resolve the financial distress suffered by individuals and businesses. When implementing this remedy, the question arises whether the law’s application should be viewed as limited to addressing private debt matters, without regard for the public interest. This Article answers the question by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered …

When Virtual Discipline Becomes Virtual Suspension: Protecting The Due Process Rights Of Virtual Learners, Peggy Nicholson

Faculty Scholarship

It is well established that public school students do not shed their constitutional rights at the schoolhouse door. But what about when the “schoolhouse door” is a computer screen, with students entering and exiting the learning environment from the comfort of their homes through an internet-enabled device? The rise of virtual learning, expedited by the COVID-19 pandemic, raises questions about when and how constitutional rights apply to public school students in the virtual setting. This Paper examines one of those constitutional questions, by exploring the application of procedural due process to the emerging practice of virtual discipline. The Due Process …