Digital Commons Network^™

Civil Litigation |Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Osha’S Comprehensive Failure To Protect Workers During The Covid-19 Pandemic, Nancy M. Modesitt

Dickinson Law Review (2017-Present)

Under the Trump Administration, the Occupational Safety and Health Administration (“OSHA”), failed to protect workers from COVID-19, which has led to deadly workplace outbreaks of the virus. OSHA’s failures began when it refused to produce legally-binding rules, known as emergency temporary standards, that would mandate the most basic step of requiring masks in the workplace to protect workers from the risks of infection on the job. In addition, while OSHA did produce non-binding guidance for employers, that guidance was unclear and fundamentally deficient in failing to require masks in all workplaces and failing to require recordkeeping that would identify potential …

The Distinguished And Exemplary Career Of Our Colleague And Friend, Professor Laurel Terry, Gary S. Gildin, Peter G. Glenn

Dickinson Law Review (2017-Present)

No abstract provided.

Ameliorating Stress And Burnout Among Professionals Who Work With Migrants And Refugees, Mark Lusk, Samuel Terrazas

Journal of Human Services: Training, Research, and Practice

Professionals and volunteers who work with refugees and forced migrants experience burnout and secondary stress as a result of exposure to the trauma and adversities confronted by their clients. A pilot project aimed at reducing these problems through the use of group discussion, sharing, guided movement, relaxation techniques, and mindfulness was found to reduce burnout and secondary traumatic stress among participants.

Protecting The Child Bride: Following Texas' Middle Ground Approach, Wendy Tolson Ross

Faculty Works

Child marriages historically affect girls more so than boys. In fact, in 2010, the Center for Disease Control reported that for the preceding five-year period, 4% of teen girls and 1% of teen boys married before age eighteen. As a result, feminists have traditionally fought to police girls' chastity throughout time. However, further discussion of this is outside of the discussion of this paper. This paper will focus on the concern of "child brides," or minors under the age of eighteen.

At the heart of this child marriage problem are two concerns: 1) protection of the underage and immature minor …

Case Global: Celebrating 30 Years, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 13, No. 1 (2021)

• Celebrating 30 Years: The Cox Center marks three decades of dedication to international law
• International accolades for Co-Dean Scharf
• Student-led initiative documents atrocities in Yemen
• Going global -- at home
• CWRU faculty connect with human experts in Thailand
• Law faculty, students push for accountability for violence by police
• Alumni spotlight (John Sopko)
• Global impact
• Three Decades of Progress
• CWRU takes top honors in international moot court competitions
• Making an impact on immigration
• News of our International Law Faculty
• Diplomatic tendencies

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• An Update from the Deans: Q&A
• Practice Pays Off: CWRU Law Teams Score Impressive Performances in Competitions
• A Focus on the First Amendment
• Litigation Clinic Petition to Be Heard by the Ohio Supreme Court
• Student-Led Initiative Documents Atrocities in Yemen
• Welcoming Upgrades
• Cox Center's Three Decades of Progress
• LLM Program Celebrates 30 Years
• Featured Alumni/Alumni Spotlight: Chris Rassi
• Faculty Briefs
• Commemorating the Class of 2021
• Class Notes
• New Cabinet Unites Alumni to Improve Diversity and Inclusion at the Law School
• Alumni Committees
• In Memoriam
• Society of Benchers
• Honor Roll of Donors
• More than 50 Years After Graduation, …

Compensation For Frivolous Or Vexatious Prosecution, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

According to section 359(3) of the Criminal Procedure Code, an acquitted accused person may receive compensation if the prosecution was “frivolous or vexatious”. In Parti Liyani v Public Prosecutor, Singapore’s High Court – for the first time – comprehensively discussed what section 359(3) means and how it is to be applied. This article aims to outline and comment on the High Court’s decision, and to highlight several issues which may be explored in future.

Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

This article analyses the legal, market and institutional features needed to become an international hub for debt restructuring. For that purpose, it explores the strategy followed by Singapore, as well as the market and institutional factors generally found in other leading centres for legal and financial services such as the United States, the United Kingdom and Hong Kong. In jurisdictions traditionally having creditor-oriented insolvency systems, such as the United Kingdom, Hong Kong and Singapore, one of the primary challenges for the improvement of the restructuring framework for debtors consists of making sure that the insolvency system remains protective of the …

The Anchor: Fall 2021, Issue Iii, Hope College

The Anchor: 2021

The Anchor began in 1887 and was first issued weekly in 1914. Covering national and campus news alike, Hope College’s student-run newspaper has grown over the years to encompass over two-dozen editors, reporters, and staff. For much of The Anchor's history, the latest issue was distributed across campus each Wednesday throughout the academic school year (with few exceptions). In recent years The Anchor moved to monthly print issues and a more frequently updated website. The Anchor is now published in print twice per academic semester. Occasionally, the volume and/or issue numbering is irregular.

Increasing Latinx Youth Engagement Across Different Types Of After-School Organizations, Fe Moncloa, Nancy Erbstein, Aarti Subramaniam

Journal of Youth Development

This article explores how Latinx youth engagement practices vary across different types of out-of-school organizations that successfully sustain Latinx youth participation. Data are drawn from a qualitative study of 13 California organizations that each emphasize one of 3 missions: social justice youth development, “one-stop” wrap-around services, or academic enrichment. While all organizations are found to adhere to a core set of Latinx youth development guiding principles, there are nuanced differences in how they are operationalized in practice across varied organization types, reflecting variation in terms of discourse, scale, and scope. These findings highlight the need for youth development practitioners and …

Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich

Fordham Law Review

Although they are artificial entities, corporations are operated, managed, and represented by people. Sometimes, these people have personal interests at stake—interests that are separate and distinct from the corporation’s interests and that arise from these people acting in their corporate roles. These personal interests and related potential liabilities range from employment concerns and civil liability to criminal prosecution and imprisonment. Until now, however, the law has determined that, in most situations, a corporation’s lawyer neither represents the corporation’s constituents nor their personal interests. The corporate lawyer, therefore, has the challenging role of discharging the proper ethical and legal obligations to …

Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson

Articles & Chapters

Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …

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

Vanderbilt Law School Faculty Publications

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. …

Brown, Massive Resistance, And The Lawyer's View: A Nashville Story, Daniel Sharfstein

Vanderbilt Law School Faculty Publications

Every grassroots story complicates what we already know, and the history of Cecil Sims and his world48 stands out in at least two important ways. First, Sims's work on issues relating to segregated education predates Brown. In the late 1940s, as Southern states responded to Supreme Court decisions desegregating graduate education, Sims assumed a central role in developing nominally race-neutral proposals that involved a series of complex transactions and legal forms. Just as the Civil Rights Movement began years before Brown and the Montgomery Bus Boycott, Sims is emblematic of the segregated South's "long history" of resistance to civil rights. …

Praxis And Paradox: Inside The Black Box Of Eviction Court, Lauren Sudeall, Daniel Pasciuti

Vanderbilt Law School Faculty Publications

In the American legal system, we typically conceive of legal disputes as governed by specific rules and procedures, resolved in a formalized court setting, with lawyers shepherding both parties through an adversarial process involving the introduction of evidence and burdens of proof. The often-highlighted exception to this understanding is the mass, assembly-line processing of cases, whether civil or criminal, in large, urban, lower-level courts. The gap left unfilled by either of these two narratives is how "court" functions for the average unrepresented litigant in smaller and nonurban jurisdictions across the United States.

For many tenants facing eviction, elements of the …

Alliance Defending Freedom Takes Another Stab At Expanding Religious Exemptions To Anti-Discrimination Law, Arthur S. Leonard

Other Publications

No abstract provided.

10th Circuit Panel Orders Discharged Transgender Professor Reinstated With Tenure, Arthur S. Leonard

Other Publications

No abstract provided.

The Lawyer: Fall 2021, Seattle University School Of Law

Lawyer

No abstract provided.

Through The Eyes Of Lawyers And Advocates: Navigating The Court System For Women Impacted By Domestic Violence In Morocco, Emily Atieh

Independent Study Project (ISP) Collection

How do Moroccan women impacted by domestic violence navigate criminal legal systems in Morocco? Is the progressive family law present in Morocco due to recent reforms fully implemented in court systems? How can systems be improved to better support women impacted by violence? This study originally sought to answer these questions by surveying lawyers at NGOs in the Rabat area who act as advocates for women impacted by domestic violence. As a result of their expansive knowledge of criminal legal systems and experiences aiding hundreds of women, lawyers are in a unique position to critique the criminal legal system and …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"BYU Law recognizes the inherent dignity and equality of each individual and welcomes people from the full range of human experience. We are committed to the teachings of Jesus Christ and honor His many roles, including healer, peacemaker, mediator, counselor, advocate, lawgiver, and judge. In striving to emulate His example, we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor." – new Mission Statement

Osha’S Comprehensive Failure To Protect Workers During The Covid-19 Pandemic, Nancy M. Modesitt

All Faculty Scholarship

Under the Trump Administration, the Occupational Safety and Health Administration (“OSHA”), failed to protect workers from COVID-19, which has led to deadly workplace outbreaks of the virus. OSHA’s failures began when it refused to produce legally-binding rules, known as emergency temporary standards, that would mandate the most basic step of requiring masks in the workplace to protect workers from the risks of infection on the job. In addition, while OSHA did produce non-binding guidance for employers, that guidance was unclear and fundamentally deficient in failing to require masks in all workplaces and failing to require recordkeeping that would identify potential …

Quantitative Analysis Of Sociological Data, Joanna Dressel

Open Educational Resources

No abstract provided.

Usd Magazine Fall 2021, University Of San Diego

University of San Diego Magazine (1992- )

Torero News; Torero Athletics; Not Just Business as Usual; Our Job is to Serve Others; Celebrating the Class of '61; Class Notes

Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes

Faculty Scholarship

We are presently in the midst of a crisis at the U.S.-Mexico border, as Courts, and indeed the Biden Administration, are struggling to manage thousands of immigrants waiting to seek asylum in the midst of a global pandemic. Beginning in March of 2020, against the advice of public health experts, the U.S. Government closed the southern U.S.-Mexico border, disproportionately impacting would-be asylum seekers from Central America, who are now immediately expelled from the United States should they reach the border under a process known as “Title 42.” Not only do these expulsions lack a legitimate public health rationale, but they …

Redbird Impact, Vol. 4, No. 2 (Fall 2021), Center For Civic Engagement

Redbird Impact

No abstract provided.

Praxis And Paradox: Inside The Black Box Of Eviction Court, Lauren Sudeall, Daniel Pasciuti

Vanderbilt Law Review

In the American legal system, we typically conceive of legal disputes as governed by specific rules and procedures, resolved in a formalized court setting, with lawyers shepherding both parties through an adversarial process involving the introduction of evidence and burdens of proof. The often-highlighted exception to this understanding is the mass, assembly-line processing of cases, whether civil or criminal, in large, urban, lower-level courts. The gap left unfilled by either of these two narratives is how “court” functions for the average unrepresented litigant in smaller and nonurban jurisdictions across the United States.

For many tenants facing eviction, elements of the …

Annual Report Fy 2021, Tennessee. Human Rights Commission.

Human Rights Commission

No abstract provided.

September 28, 2021, Faculty Senate

Minutes

No abstract provided.

Digital Euro, Monetary Objects, And Price Stability: A Legal Analysis, Corinne Zellweger-Gutknecht, Benjamin Geva, Seraina Neva Grünewald

Articles & Book Chapters

The Eurosystem is mandated to safeguard price stability according to article 127 of the Treaty on the Functioning of the European Union (TFEU). Based on a theoretical and policy-oriented approach, this article sheds light on a second public good with enormous practical relevance both for financial markets and institutions as well as for the general public that the Eurosystem, and ultimately the European Central Bank (ECB), must safeguard according to article 128 TFEU: the availability of ideal monetary objects for the public.While monetary policy constitutes the instrument used to keep prices stable, the availability of ideal monetary objects is ensured …