Digital Commons Network^™

Jimenez V. State Appellant's Reply Brief Dckt. 48423

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Mmu: 10/04/21–10/10/21, 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: Silas Kok

2l taking Ls: Estella Serrano

Ask a 3L: Will Quaranta

Model Rule 8.4(G) And The Profession’S Core Values Problem, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

Model Rule 8.4(g) declares it misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The American Bar Association (ABA) adopted the rule in 2016 in large part to effectuate the third of its four mission goals: Eliminate Bias and Enhance Diversity. The ABA adopted these goals in 2008, and they continue to serve as ABA’s statement of its mission.

A …

(Un)Supervised Student Practice, Gillian R. Chadwick

San Diego Law Review

Law student practice is a powerful pedagogical tool that must be wielded judiciously. At its best, student practice coalesces a student’s professional values and prepares that student to become a competent, compassionate, and confident lawyer. However, the current regime of state student practice rules, rooted in the American Bar Association’s (ABA) model rule, undermines the integrity of student practice in several crucial ways. In most states, students are authorized to practice law without meaningful oversight by law schools, and supervisors need not complete any special training. Supervisors are not universally required to accompany students to court, even when students are …

Saving Class Members From Counsel, Jeremy Kidd, J.D., Ph.D., Chas Whitehead, J.D.

San Diego Law Review

The U.S. class action regime is supposed to obtain justice for victims and hold wrongdoers accountable. Instead, the system is filled with pathologies that combine to harm class members and allow defendants to minimize their responsibility. Victims are deprived of their property and due process rights. Adding insult to injury, the modern movement towards cy pres settlements also deprives victims of their free speech rights. Cy pres was borrowed from the law of trusts, but its use in class actions is unjustified. It is leading to greater corruption and collusion, opening the door to significant rent seeking. Most reform proposals …

Catch Up Capta: Amending Capta To Guarantee Children Legal Counsel In Dependency Proceedings, Taylor Needham

San Diego Law Review

This Comment will address children’s constitutional right to have legal counsel in dependency proceedings. Dependency proceedings include the entire dependency process, from the moment the child is removed from the parent’s custody until the child returns home or ages out of the foster care system. This Comment will not address the constitutional rights of parents to have legal counsel or the constitutional rights of children in private custody or other family law matters. Nor will it address the type of legal representation that children should receive.

While this Comment argues that all children have a constitutional right to legal counsel …

Pulling Back The Curtain: A Follow-Up Report From The Aba Criminal Justice Section Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention and promotion of women criminal lawyers. Pulling Back the Curtain follows up on the initial findings of the TF. The findings are published in the Berkeley Journal of Criminal Law and the ABA Criminal Justice magazine. This report describes the results of a subsequent survey of diverse criminal lawyers and judges conducted at the end of 2020. The survey posed questions related to …

Advantages Of Outsourcing And Its Use In Preschool Institutions, Olga Makashina Prof., Gulyar Kasimova Associate Prof., Dilshod Sholdarov Associate Prof.

International Finance and Accounting

In this article, implementation of state policy in the field of preschool education, the work carried out by the internal audit services of the Ministry based on the results of audits of preschool education, determination of the algorithm for the use of outsourcing in the provision of budgetary services, analysis of the formation of the results of activities of institutions, increasing the efficiency of spending budget funds based on the use of outsourcing, ensuring transparency and efficiency of financing the activities of preschool educational institutions, the importance of outsourcing in the development of pre-school education system, changes in the normative …

Macalester Today Fall 2021, Macalester College

Macalester Today

No abstract provided.

Muhlenberg Magic, Lehigh Valley Health Network

LVHN documents

No abstract provided.

Fiscal Policy Of The Associated Students Of The University Of Montana As Of December 14, 2021, University Of Montana--Missoula. Associated Students

ASUM Governing Documents, 2019-present

Fiscal Policy of the Associated Students of the University of Montana as of SB51-21/22: Resolution Amending Section 9 of Fiscal Policy.

"Agents Of Change" – Lessons Learned From The Nation’S First Undergraduate Civil Rights Advocacy Clinic, Kath E. Rogers, Olu K. Orange

Experiential Learning & Teaching in Higher Education

How can universities support their students in pursuing civil rights activism? In doing so, how can universities prioritize students from marginalized communities who are most affected by justice issues? This paper will explore lessons learned from the nation’s first civil rights clinic at the undergraduate level. Responding to the urgency of our time, the University of Southern California, Dornsife College, launched "Agents of Change: Civil Rights Advocacy Initiative” in January 2021 to support students in addressing civil rights challenges in the Los Angeles community. This paper will discuss the importance of the civil rights activism clinical model at the college …

Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown

Faculty Scholarly Works

The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States—including in access to justice, housing, health care, employment, and education—have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked …

Ant 130: Introduction To Biological Anthropology Syllabus (Fall 2021), Britney Kyle

Open Course Materials

This is a science course on human evolution exploring what makes our species unique, strange, and wonderful. We will first learn the biological mechanisms underlying evolution and natural selection. Next, we will look at modern primate variation today (including humans) and learn how to use primates as models to help us learn about the behavior, environments, and lifeways of extinct species. Third, we will interpret data from the human fossil record to understand where, how, when, and in what way modern humans evolved. Finally, we will examine specific modern human traits through this evolutionary lens to build arguments for how …

Itihas Vol. 21 Issue No. 4, Sastra Univ

ITIHAS

NEWSLETTER FROM SASTRA DEEMED UNIVERSITY

The Price Of Progress: Estimating The Funding Needed To Close The Justice Gap, E. H. Geiger

Cardozo Journal of Equal Rights & Social Justice

The article addresses the "Justice Gap," a disparity in legal services between low-income individuals and their wealthier counterparts, leading to unfair legal outcomes. It argues that insufficient funding for legal aid exacerbates this issue and calls for increased federal funding to ensure equal access to justice, emphasizing that the costs are manageable and necessary to prevent broader societal and economic consequences.

Bridging Separate Worlds— Application Of Human Rights Law In Investment Treaty Arbitration, Raymond Yang Gao

Northwestern Journal of International Law & Business

With the proliferation of investor-state treaty arbitration, international investment law has been increasingly caught in a “legitimacy” crisis, with concerns looming large over resultant disruptive effects on human rights. Amid existing scholarship seeking to recalibrate the balance between investment protection and public interests, what is relatively undertheorized is a public international law dimension. In this regard, this Article explores the role of human rights law in integrating human rights considerations into investment tribunals’ decision-making, bridging the normative divide between international investment law and human rights. It makes three contributions. First, it systemizes the normative tensions and potential conflicts between international …

Texas Hospitality: Pro-Refugee Activism, Volunteerism, And Coalition-Building In Xenophobic Times, Sara Mosher

Anthropology Theses and Dissertations

This project employs ethnographic methods to explore the experiences of forty ordinary Texans of different social and religious backgrounds who were active in pro-refugee volunteer and advocacy work during the four chaotic years of the Trump administration. The goal of this research is to better understand people’s reasons for volunteering and advocating on behalf of refugees during a time of political upheaval, when prominent public figures in positions of leadership around the country have repeatedly framed refugees as a threat to American security and cultural identity. Despite the crucial roles that local volunteers typically play in the process of refugee …

2021 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Teaching About Race, Equity and the Law, page 3

Faculty with Impact, page 4

Faculty Appointments, page 11

Cardozo Ranks 33rd, page 12

Faculty in the Media, page 14

Student Briefs, page 22

E. Nathaniel Gates Scholars Program Launched, page 31

Q and A with Val Myteberi, page 32

Commencement '21, page 34

Trophies of the Empire, page 38

9/11 Remembrance, page 40

Alumni Movers & Shakers, page 46

Speaking of Law, page 52

A Legacy of Human Rights, page 56

Class Notes, page 58

In Memorium, page 60

Adverse Childhood Experiences And Interactions With The Criminal Justice System, Sarah Elizabeth Rapp

Masters Theses

The connection between childhood traumas and subsequent detrimental adult behavioral issues has been well documented. In recent times, both the medical and psychological fields have turned their attention toward specific criteria of childhood traumas labeled Adverse Childhood Events, or ACEs. A threshold of ACE factors shows a significant connection to the later physical and mental health of individuals who have participated in such studies. Due to the connection between childhood traumas, mental health, and interactions with law enforcement, this study attempts to define the relationship, if such a relationship exists, between ACE factors and interactions with the criminal justice system. …

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

The Journal of Law and Education

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2021

Nebraska Transcript

Dean's Message

Lovell making a difference through civil rights advocacy 12

Russell Lovell, ’69, executive summary of forthcoming article 16

Beard named editor-in-chief of Woomera Manual 4

Tech Refactored Podcast hits milestones 6

Shoemaker earns Carnegie Fellowship to explore rural futures 8

Immigration Clinic students hold second annual naturalization clinic 19

Nebraska Law joins national police practices effort 20

Professor Eric Berger: Examining lethal injection 22

Grant expands access to attorneys in rural areas 24

Clinical Legal Education Association recognizes Dugger, Lengeling, O’Neill and Sonnenfeld 26

Murga Rios awarded Immigrant Justice Corps fellowship 28

Faculty Notes 30

Professor Kyle Langvardt: …

Personnel Policy Of The Associated Students Of The University Of Montana As Of November 23, 2021, University Of Montana--Missoula. Associated Students

ASUM Governing Documents, 2019-present

Personnel policy of the Associated Students of the University of Montana (ASUM) as of SB30-21/22: Resolution Amending Section 4.22 of Personnel Policy.

A Solution Hidden In Plain Sight: Closing The Justice Gap By Applying To Legal Aid The Market Incentives That Propelled The Pro Bono Revolution, Benjamin C. Carpenter

Chapman Law Review

The legal profession is now thirty years into the pro bono revolution, and the bar is more committed, in both word and action, to access to civil justice than at any other time in its history. Yet for most of the sixty million Americans who cannot afford a lawyer, the bar’s commitment provides little solace. Despite all the resources the bar has put into pro bono over the past thirty years, those living at or near poverty still do not receive legal help for almost eighty-six percent of their legal needs. In fact, lawyer participation in pro bono has become …

Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock

Articles

This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …

Insuring Evolving Technology, Asaf Lubin

Connecticut Insurance Law Journal

The study of the interaction between law and technology is more critical today than ever before. Advancements in artificial intelligence, information communications, biological and chemical engineering, and space-faring technologies, to name but a few examples, are forcing us to reexamine our traditional understanding of basic concepts in torts and insurance law. Yet, few insurance professionals and scholars will identify themselves as working in the field of "law-and-technology." For many of them, technology is "just a fact about the world like any other," as Ryan Calo once put it, not one that always merits "special care."' This short paper is an …

Youth Transitions Advisory Council 2021 Annual Report, Tennessee. Commission On Children And Youth.

Youth Transitions Advisory Council

No abstract provided.

Tracking The Evolution Of Stare Decisis, Sam C. Ehrlich, Ryan M. Rodenberg

Management Faculty Publications and Presentations

At the United States Supreme Court, what is old is new again. In a series of recent opinions,1 the justices have repeatedly offered differing views on how stare decisis should be positioned when tasked with justifying or rejecting existing precedent. Indeed, in three recent Supreme Court decisions the justices have wrestled with the effect of stare decisis on future decisions. Reversing a decision, according to Justice Kagan, “demand[s] a ‘special justification.’” In contrast, Justice Thomas posited that “[w]hen faced with demonstrably erroneous precedent, my rule is simple: We should not follow it.” Chief Justice Roberts, in explaining his switch in …

The Quad (The 2021 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• 20th Anniversary of the Naming of SMU Dedman Law

• Underwood Law Library Celebrates 50 Years

• Mustang Bar: Connect. Educate. Engage.

• Giving & Impact

• Two Law Alumni Named Recipients of SMU Distinguished Alumni Awards

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

University of Chicago Law Review

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 sec-tor—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 delegated sovereign privilege. Congress recruited private …