Digital Commons Network^™

How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa

PhD Dissertations

What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …

A Flawed Assumption: Why The U.S. Court Of Appeals For Veterans Claims Should Abandon Its Presumption Against The Certification Of Class Actions, Matthew D. Handley

Seton Hall Law Review

No abstract provided.

Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag

PhD Dissertations

Access to civil justice remains one of the most pressing concerns within the legal community in Canada. Yet, despite over a half century of reform efforts, many people still struggle to resolve their legal difficulties in a timely and cost effective manner. Part of the reason that reform efforts have yet to solve this crisis is that scholarship has only recently begun to investigate possible measures that can evaluate whether programs and initiatives have positively impacted the ability of ordinary Canadians to resolve their legal problems. The primary purpose of this dissertation is to support the development of such measures …

Pro Bono Day Clinic Helps Area Residents Stay Housed, Seattle University School Of Law

News Center Articles

No abstract provided.

Revisiting The Tri-Partite Relationship Between An Insurance Carrier, A Policyholder, And An Insurance Defense Attorney, Ross Pesek, Alejandra Ayotitla Cortez

Nebraska Law Bulletin (Selected Issues)

The tripartite relationship between the insured, insurer, and appointed defense counsel poses inherent conflicts of interest and ethical dilemmas. All parties are affected by the problems arising out of the relationship. The insured is in a vulnerable position when they are denied loyal representation and are threatened with financial ruin. Special attention must be placed on the insurer’s obligations to its insured, including completing a reasonable and proper investigation of the claim, providing a defense if the potential for liability exists, timely effecting a reasonable settlement, and giving equal consideration to the insured’s interest.

On the defense counsel’s side, the …

Vol.49 N.17 November 11th 2021, Voice Media Ventures

Black Voice News

No abstract provided.

Vista: November 11, 2021, University Of San Diego

USD Vista (1965-)

No abstract provided.

Finance Committee Meeting - Open Agenda 11/10/2021, Uc Hastings Board Of Directors

2021 Board of Directors Agenda and Materials

No abstract provided.

May Class Counsel Also Represent Lead Plaintiffs, Bruce A. Green, Andrew Kent

Florida Law Review

For decades, courts and commentators have been aware that the potential for conflicting interests among the class representatives, class counsel, and absent class members is inherent in the class action device. Notwithstanding this realization and a substantial amount of scholarly and judicial commentary on class conflicts, one kind of conflict has not received due attention: the conflict that inevitably arises when class counsel also represents class members as individuals. This conflict—so common to be almost invisible—arises from the beginning of a putative class representation and may create a fraught situation for a lawyer concurrently representing both the class (or putative …

Technological Triage Of Immigration Cases, Fatma Marouf, Luz Herrera

Florida Law Review

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained.

Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …

Against The "Safety Net", Matthew B. Lawrence

Florida Law Review

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 …

Mmu: 11/08/21–11/14/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Sarah Barrett

2Ls Taking Ls: Tim Hutchinson

Ask a 3L: Nate McKeon

Clark Memorandum: Fall 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Truth, Civility, and Advocacy
• Cultivating a Deeper Faith in Jesus Christ
• Can Religion Be a Healing Force in Society?
• Navigating Life’s Uncertainties

Read on Issuu

The Need For More Exacting Assessment Of The Individual Rights And Sovereign Interests At Stake In Federal Court Interpretation Of "Detention" Under The Indian Civil Rights Act's Remedy Of Habeas Corpus, Andrew M. Seielstad

Tennessee Journal of Law and Policy

No abstract provided.

Lawyer Leadership In The Practice Of Law, Donald J. Polden

Tennessee Journal of Law and Policy

No abstract provided.

Spartan Daily, November 3, 2021, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily, 2021

Volume 157, Issue 33

Amjambo Africa! (November 2021), Kathreen Harrison

Amjambo Africa!

In this Issue

Afghanistan................................2

Anti-racism. ...............................3

Wabanaki Alliance. ...................5

Allan Monga. .............................6

Translations .......9-13, 30/31, 33

French • Kinyarwanda

Portuguese • Somali

Spanish • Swahili

Africa/COVID.........................13

Banyamulenge....................13/14

Burundi/UN. ...........................14

Tigray........................................14

Rebels........................................14

Market Basket..........................15

Azerbaijani women.................18

Health & Wellness. ............20-29

Diabetes | COVID In English & translation

Columns .......................19, 32/33

Maine Equal Justice

ILAP – IntWork

Let’s Talk • Beautiful Blackbird

New Voices ..................34/35/37

Dr. Abdullahi Ahmed

Rupal Ramesh Shah

Nsiona Nguizani

Coco McCracken

Gashi

Kifah Abdulla

Financial Literacy. ...................36

Tips & Info ...39

“La Justicia Ambiental Es Para Ti Y Para Mí”: Translating Collective Struggles For Environmental And Energy Justice In Puerto Rico’S Jobos Bay Communities, Catalina M. De Onis

University of Montana Staff Publications

Rural, coastal communities in the Jobos Bay region of southeastern Puerto Rico confront disproportionate harms as an energy sacrifice zone. This space is constituted by imported fossil fuel dependency, economic and climate injustices, environmental racism, ecocide, US colonialism and imperialism, neoliberalism, and racial capitalism. In response, many grassroots actors mobilize against the toxic assault on their communities to push for alternatives beyond the suffocating status quo via apoyo mutuo [mutual support]. This survival work and movement building occur literally in “the outdoors” and in other intertwined multispecies environments, challenging narrow, oppressive colonial, and consumerist constructs that reduce “the outdoors” to …

“La Justicia Ambiental Es Para Ti Y Para Mí”: Translating Collective Struggles For Environmental And Energy Justice In Puerto Rico’S Jobos Bay Communities, Catalina M. De Onis

Environmental Studies Faculty Publications

Rural, coastal communities in the Jobos Bay region of southeastern Puerto Rico confront disproportionate harms as an energy sacrifice zone. This space is constituted by imported fossil fuel dependency, economic and climate injustices, environmental racism, ecocide, US colonialism and imperialism, neoliberalism, and racial capitalism. In response, many grassroots actors mobilize against the toxic assault on their communities to push for alternatives beyond the suffocating status quo via apoyo mutuo [mutual support]. This survival work and movement building occur literally in “the outdoors” and in other intertwined multispecies environments, challenging narrow, oppressive colonial, and consumerist constructs that reduce “the outdoors” to …

Effects Of Transformational Leadership On Safety Performance In The United States Commercial Trucking Industry, John Francis Mcmahon

Doctoral Dissertations

The purpose of this study was to research whether the leadership styles of safety professionals, supervisory and management leaders of commercial trucking companies, were related to their companies’ safety ratings. The theoretical framework employed in this study was based on the full range leadership model of Avolio and Bass (1991). Sixty-two long-haul commercial truck drivers participated in the study. This quantitative research was a quasi-experimental, correlational study comparing leadership styles with safety indices of trucking companies. The leadership styles were determined using the 45-question Multifactor Leadership Questionnaire (MLQ) Rater Form (Avolio & Bass, 1991) and compared them to the safety …

Taking A Survivor-Based Approach To Anti-Human Trafficking Initiatives In New York: An Educational Advocacy Toolkit, Madison Turunen

Women’s and Gender Studies

In this toolkit, readers will engage in a concise overview of current human trafficking initiatives in New York and how they can be transformed to better reflect the needs of survivors. Further, definitions will be provided for: human trafficking, survivor-based approach, and trauma-informed approach. This toolkit will also provide advocacy examples and resources for individuals to call for survivor-based initiatives.

2021-2022 Spring Bulletin, University Of Mississippi Medical Center

Bulletins/Catalogs

2021-2022 Spring Bulletin

Black On Black Representation, Alexis Hoag

Faculty Scholarship

No abstract provided.

Hong Kong Youngsters Pursuing Career In The Greater Bay Area : Opportunities And Challenges, King Leung Cheng

SOC 605 Comparative Social Policy Research Project - Student Works

In the past two years, Hong Kong has undergone tremendous changes in its internal and external environments. Under the influence of social movements, Sino-US trade negotiations, pandemic and the global economic downturn, Hong Kong's local economy continues to be sluggish. The number of unemployed continues to rise, and the youth unemployment rate is much higher than that of other age groups. To get out of adversity, the younger generation needs diversified development, and the construction of the Guangdong-Hong Kong-Macao Greater Bay Area might just open up a new path for them.

Based on existing evidence, this study discusses Hong Kong …

A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert

Law Faculty Scholarship

Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp): Evaluation Report, Madhawa Palihapitiya, David Sulewski, Kaila O. Eisenkraft, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents findings and recommendations from a formative evaluation of the Massachusetts Housing Mediation Program (HMP) administered by the MA Office of Public Collaboration (MOPC) at the University of Massachusetts Boston in partnership with 12 Community Mediation Centers (CMCs). The program is funded by the Commonwealth of Massachusetts and overseen by the Department of Housing and Community Development (DHCD) as part of the Baker-Polito Administration’s Eviction Diversion Initiative (EDI). The evaluation was conducted by MOPC’s research unit comprised of staff and graduate student researchers, and does not necessarily represent the views of DHCD. As a statutory state office, MOPC …

The Problem Of Gender Inequity: The Legacy Of Deborah Rhode, Joanna L. Grossman

University of Chicago Law Review

No abstract provided.

Regulatory Competition And State Capacity, Martin W. Sybblis

William & Mary Business Law Review

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 …

Gaze, Volume 4, Number 11

Gaze, 1979-1990

Co-Editors: John Stilwell, Allen Cook. Staff Writers: Thomas Smith, Joe Calhoun, Joel Tate, Scott Correll, Clifton St. John, Ric Sullivan, John House, Pat Jones. Nashville Correspondent: Jeff Thompson. Production and Graphics: Allen Cook, Charles Overfield, Cecil McLeod. Circulation: Cecil McLeod, Marty Martin, Rick Van Hooser, John Stillwell, Jeff Thompson. National Advertising: Rivendell Marketing.

Special thanks to Rhodes College and the Paul Barret Jr. Library for providing initial scanning of this collection.

Gaze, Volume 4, Number 10

Gaze, 1979-1990

Co-Editors: John Stilwell, Allen Cook. Staff Writers: Thomas Smith, Joe Calhoun, Joel Tate, Scott Correll, Clifton St. John, Ric Sullivan, John House, Pat Jones. Nashville Correspondent: Jeff Thompson. Production and Graphics: Allen Cook, Charles Overfield, Cecil McLeod. Circulation: Cecil McLeod, Marty Martin, Rick Van Hooser, John Stillwell, Jeff Thompson. National Advertising: Rivendell Marketing.

Special thanks to Rhodes College and the Paul Barret Jr. Library for providing initial scanning of this collection.