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2021

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The Bar Exam’S Contribution To Systemic Inequalities In Access To Justice Around The World, Nicci Arete Mar 2021

The Bar Exam’S Contribution To Systemic Inequalities In Access To Justice Around The World, Nicci Arete

Washington International Law Journal

Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession’s goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the goals of the profession? As legal systems become more complex and their impact on people’s lives all- encompassing, the ideal of improving access to justice—equitable and fair justice—is increasingly the target for justice systems across the globe. Addressing access to justice cannot be done without acknowledging the disparate barriers …


Foreword, William Covington Mar 2021

Foreword, William Covington

Washington International Law Journal

No abstract provided.


Week Of March 1, 2021 - March 5, 2021, Benjamin N. Cardozo School Of Law Mar 2021

Week Of March 1, 2021 - March 5, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

  • Cardozo Art Law Society
  • Cardozo Arts & Entertainment Law Journal (AELJ)
  • Cardozo Dispute Resolution Society
  • Cardozo FAME Center
  • Cardozo Fashion Law Society
  • Cardozo Federalist Society
  • Cardozo Financial Services & Compliance Alumni Group
  • Cardozo Health Law Society
  • Cardozo National Lawyers Guild (NLG)
  • Cardozo Office of Student Services & Advising
  • Cardozo South Asian Law Students Association (SALSA)
  • Cardozo Startup Society
  • Cardozo Tech Talk Series
  • Cardozo’s Retail & Luxury Alumni Practice Group
  • Heyman Center on Corporate Law and Governance
  • Intellectual Property Law Society (IPLS)
  • Jewish Law Students Association (JLSA)
  • Mediation Clinic
  • Public Interest Law Student …


Social Policy Responses To Covid-19 In Canada And The United States: Explaining Policy Variations Between Two Liberal Welfare State Regimes, Daniel Beland, Shannon Dinan, Philip Rocco, Alex Waddan Mar 2021

Social Policy Responses To Covid-19 In Canada And The United States: Explaining Policy Variations Between Two Liberal Welfare State Regimes, Daniel Beland, Shannon Dinan, Philip Rocco, Alex Waddan

Political Science Faculty Research and Publications

Canada and the United States are often grouped together as liberal welfare-state regimes, with broadly similar levels of social spending. Yet, as the COVID-19 pandemic reveals, the two countries engage in highly divergent approaches to social policymaking during a massive public health emergency. Drawing on evidence from the first 5 months of the pandemic, this article compares social policy measures taken by the United States and Canadian governments in response to COVID-19. In general, we show that Canadian responses were both more rapid and comprehensive than those of the United States. This variation, we argue, can be explained by analysing …


Faculty Masthead, Georgia State University Law Review Mar 2021

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans Mar 2021

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …


Adventist Church Leadership And Religious Liberty In India: Impact On Mission And Ministry, Santosh Kumar Mar 2021

Adventist Church Leadership And Religious Liberty In India: Impact On Mission And Ministry, Santosh Kumar

Journal of Adventist Mission Studies

India, consisting of several diverse communities, operates on various religious sentiments, norms, expectations, cultures, and worldviews. Each culture and worldview developed, nurtured, and was organized in a community that recognized the importance of religious tolerance—tolerances that keep India united and yet diverse. Religious tolerance in India respects and allows the various religions to exist and practice within the same community.1 However, if this norm is broken, the resulting actions can result in unexpected consequences. There are several cases where tolerance was breached due to religious standards, views, or beliefs, causing chaos in a community.

The Seventh-day Adventist Church has become …


What You Don't Know Will Hurt You: Addressing The Inequities Of Pro Se Litigation In Ohio Domestic Relations Courts, Allison Mikiciuk Mar 2021

What You Don't Know Will Hurt You: Addressing The Inequities Of Pro Se Litigation In Ohio Domestic Relations Courts, Allison Mikiciuk

University of Dayton Law Review

No abstract provided.


Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia Mar 2021

Lessons From The Present: Three Crises And Their Potential Impact On The Legal Profession, Raymond H. Brescia

Hofstra Law Review

The United States faces three simultaneous crises: a pandemic, a civil-rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic—though potentially temporary—changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such accommodations for decades. The second has sparked an assessment of the extent to which the practice of law and the legal system are both riddled with racism and institutional bias. The third, the crisis of democracy, has lawyers at its center, filing frivolous claims and fomenting an armed insurrection with designs …


Greater Allen Affordable Hsc V. Reddick Mar 2021

Greater Allen Affordable Hsc V. Reddick

All Decisions

No abstract provided.


A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatrick Mar 2021

A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The answer is to award fees the same way rational class members would want if they could do it on their own. In this Essay, I draw on economic models and data from the market for legal representation of sophisticated clients to describe what these fee practices should look like. Although more data from sophisticated clients is no doubt needed, what we do …


The New Skill On The Block: Using Social Media In The Law School Classroom To Facilitate Learning, Rosa Castello Mar 2021

The New Skill On The Block: Using Social Media In The Law School Classroom To Facilitate Learning, Rosa Castello

Southern Illinois University Law Journal

As more communication happens in formats online, including on social media sites, lawyers need to be comfortable and effective using this form of communication professionally. Thus, it is our obligation as professors to prepare them for this, using social media ourselves as part of the coursework we expect of students. But more than preparing students for the professional world, using social media in the classroom offers us an opportunity to facilitate learning of other content in the course. Having students participate in a social media platform enables professors to monitor student comprehension and progress, it encourages reticent students to participate, …


Tribute To Bob Burdick, Naomi M. Mann Mar 2021

Tribute To Bob Burdick, Naomi M. Mann

Faculty Scholarship

In losing Bob, we have truly lost a legal giant. He was a visionary in poverty law. He led significant litigation that improved the lives of countless individuals in the Commonwealth. It is because of him, a team of legal aid attorneys, and his students that individuals who are considered mentally incapacitated are entitled to Rogers hearings before being administered medication. It is also under his leadership that student attorneys throughout the Commonwealth can get attorney’s fees for their legal services organizations. Through his guidance and teaching, generations of law students have learned how to infuse their work (wherever they …


A Tribute To Robert (“Bob”) G. Burdick: A Man Of Vision And Light, Constance A. Browne Mar 2021

A Tribute To Robert (“Bob”) G. Burdick: A Man Of Vision And Light, Constance A. Browne

Faculty Scholarship

One of Bob’s former students said it best: “Bob was the lawyer I wanted to be. He was the person I wanted to be.”1 Bob was also the mentor, teacher, and innovator I aspired to be. For many marginalized clients, Bob brought the change they needed; the change justice required. He embodied hope—he saw the light and strove to enable others to share in its glow.


Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram Mar 2021

Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram

Faculty Scholarship

Bob Burdick began his career in clinical practice as a student in the clinic at Boston University School of Law in 1970, shortly after the civil clinic had been established as the Legal Aid Program in Hyde Park in 1969. Right out of law school, Bob worked at Greater Boston Legal Services (“GBLS”), he then was hired at BU as a clinical instructor and later promoted to director of what became the Civil Litigation Program in 1979. During the forty years Bob led the civil clinic (now renamed the Civil Litigation and Justice Program), he was the creative and innovative …


Some Special Words For Robert Burdick, Mary Connaughton Mar 2021

Some Special Words For Robert Burdick, Mary Connaughton

Faculty Scholarship

Many words can be used to describe Bob Burdick, my supervisor, colleague, and friend at the Boston University Civil Litigation Program since the fall of 1993. BU has recognized him as a “Quiet Legal Giant”; as his colleagues, we have commented on his compassion, low-key humility, creativity and innovation, strength as a mentor, and expertise in negotiation. We share common images and experiences as well: the open door to his office and the light already burning at 6:30 on dark mornings as we arrived early to go to court. His insight and understanding after a disturbing experience with an opposing …


Artificial Intelligence And Access To The Patent System, W. Keith Robinson Mar 2021

Artificial Intelligence And Access To The Patent System, W. Keith Robinson

Nevada Law Journal

How likely is it that the average American will become an inventor? With a novel idea and hard work, it should be a possibility for all Americans. However, the data suggests otherwise. Most patents are obtained by inventors that work for large corporations. Small businesses, solo inventors, women, and minorities lag behind their counterparts in patenting. A common explanation for this phenomenon is that it is a “pipeline” issue. However, the patent system is not accessible to underrepresented innovators for more problematic reasons.

At the same time as information about the disparity in patenting activity has garnered attention, the U.S. …


Direct And Structural Violence Against Transgender Populations: A Comparative Legal Study, Brian Kritz Feb 2021

Direct And Structural Violence Against Transgender Populations: A Comparative Legal Study, Brian Kritz

Florida Journal of International Law

This Article is a comparative study exploring how the law impacts Transgender rights and Transgender access to justice. In countries where the law is hostile to Transgender rights, such law perpetuates structural violence, promotes discrimination and persecution, causing direct violence against Transgender populations. In countries where the law is more progressive, an interesting phenomenon exists. In these countries, where Transgender lives can be more openly lived, Trans-violence rates are noticeably higher than in countries where Transgender rights are restricted. This scholarship was developed with an eye towards reforming the law in countries with problematic legal structures and continuing efforts to …


Vol.48 N.32 February 25th 2021, Voice Media Ventures Feb 2021

Vol.48 N.32 February 25th 2021, Voice Media Ventures

Black Voice News

No abstract provided.


Implementation Of International Law In Indian Legal System, Vivek Sehrawat Feb 2021

Implementation Of International Law In Indian Legal System, Vivek Sehrawat

Florida Journal of International Law

This Article explores the general stance of international law and domestic legal orders regarding the legal effects of international law in the Indian domestic legal system. This Article argues that India has been a significant contributor to the field of international law. However, India remains reluctant to draft treaties that restrict free rein and that seek expressly to accord domestic courts a judicial enforcement role. This Article examines the implementation process of international law in the Indian domestic system and addresses the requirements imposed by international law. It critically examines the fundamental dichotomy in approaches at the domestic constitutional level …


Towards A More Ethical Ll.M. Degree: Let's Give International Lawyers The Value They Deserve, Carrie W. Teitcher, Kathleen Darvil Feb 2021

Towards A More Ethical Ll.M. Degree: Let's Give International Lawyers The Value They Deserve, Carrie W. Teitcher, Kathleen Darvil

Florida Journal of International Law

Created for international lawyers seeking American credentials, LL.M. programs have proliferated, filling a need in an increasingly global market. Yet the American Bar Association offers no guidance as to how programs specifically designed for international lawyers should be structured. The road to a more ethical LL.M degree necessarily begins with the American Bar Association and the need for it to establish guidelines for such programs, at least for those programs which qualify international lawyers to sit for the bar exam.

Nor do law schools do enough to ensure that LL.M. students seeking to become licensed attorneys in the United States …


State Bar Of California, Kirstin Jensvold-Rumage, Bridget Fogarty Gramme Feb 2021

State Bar Of California, Kirstin Jensvold-Rumage, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Juan M. Villalvazo, Bridget Fogarty Gramme Feb 2021

Committee Of Bar Examiners, Juan M. Villalvazo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Connor Greth, Bridget Fogarty Gramme Feb 2021

California Board Of Accountancy, Connor Greth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme Feb 2021

Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


A Faustian Bargain That Undermines Research Participants’ Privacy Rights And Return Of Results, Barbara J. Evans, Susan M. Wolf Feb 2021

A Faustian Bargain That Undermines Research Participants’ Privacy Rights And Return Of Results, Barbara J. Evans, Susan M. Wolf

Florida Law Review

A 2018 committee report published by the highly respected National Academies of Science, Engineering, and Medicine (the Report) recommends stripping research participants of crucial data privacy rights and discarding decades of carefully deliberated consensus guidelines for the ethical return of results and data from research. This Article traces these disturbing recommendations to three root causes: (1) a statement of task that blocked careful and impartial analysis of a disputed legal matter central to the Report; (2) a piecemeal legal analysis that omitted relevant strands of law; and (3) the inappropriate conflation of two distinct concepts—the return of individual research results …


2020-2021 Faculty Senate Xxv - February 22, 2021 Minutes Summary, Faculty Senate Feb 2021

2020-2021 Faculty Senate Xxv - February 22, 2021 Minutes Summary, Faculty Senate

Faculty Senate Agendas & Minutes

No abstract provided.


Transnational Law As A Framework For Law Clinics, Sital Kalantry, Rachael E. Hancock Feb 2021

Transnational Law As A Framework For Law Clinics, Sital Kalantry, Rachael E. Hancock

Cornell Law Faculty Publications

As the law becomes increasingly globalised and online education is increasingly emphasised, clinical legal education presents new opportunities for transnational collaboration. With more law schools introducing global clinical experiences into their curriculum, clinicians, students, clients, and practitioners are facing a host of new questions, challenges, and obstacles. These challenges are practical, logistical, ethical, and cultural. As research has found, finding a means of addressing these issues in ways that advance social justice has proven difficult. Striking a balance between client service and student learning, navigating relationships between different learning institutions, and setting ambitious but attainable goals are important elements of …


Stanger V. Walker & Cattle, Llc Respondent's Brief Dckt. 48092 Feb 2021

Stanger V. Walker & Cattle, Llc Respondent's Brief Dckt. 48092

Idaho Supreme Court Records & Briefs, All

No abstract provided.


Stanger V. Walker & Cattle, Llc Respondent's Brief Dckt. 48092 Feb 2021

Stanger V. Walker & Cattle, Llc Respondent's Brief Dckt. 48092

Idaho Supreme Court Records & Briefs, All

No abstract provided.