Digital Commons Network^™

Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper

Marquette Law Review

The Sixth Amendment’s criminal jury right is integral to the United States

criminal justice system. While this right is also implicated by the Due Process

Clause, Equal Protection Clause, and several federal and state statutes,

criminal jury trial rates have been declining for decades, down from

approximately 20% to 2% between 1988 to 2018. This dramatic drop in the

rate of criminal jury trials is an effective measure of the decreased access to

fair and constitutional criminal jury trials.

Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald

Marquette Law Review

Faced with mounting pressure to permit national law practice and increase

access to legal services for those who cannot afford to pay for them and

critiques about growing inequality and its failure to lead the battles for greater

gender and racial justice, the legal profession’s response has been to resist

reform proposals by invoking its independence. Lawyers and lawyers alone,

asserts the profession, ought to determine the pace and details of nationalizing

law practice, set the conditions under which nonlawyers and artificial

intelligence can offer legal services, and respond to growing inequality among

lawyers and concerns about the role lawyers …

Alleviating The Harms Of Substandard Housing To Wisconsin Tenants: Correlating Rent With Assessed Property Value, Ellen Matheson

Marquette Law Review

Like other cities across the nation, Milwaukee utilizes a mix of regulatory,

statutory, and common law tools to address the problem of substandard rental

housing. This Comment examines the efficacy of those legal tools, in the

process demonstrating that existing remedies offer insufficient protections to

tenants in need of habitable housing. This Comment then proposes a novel

legal strategy that is designed to ameliorate the problem of low-quality,

overpriced rental housing: amending Wis. Stat. § 66.1015 to permit

implementation of a “rent-value correlation rate”—giving municipalities the

option to cap monthly contract rent as a percentage of the assessed property

value. …

Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona

Articles

No abstract provided.

Pandemic Positives: Extending The Reach Of Court And Legal Services

Court Review: Journal of the American Judges Association

The year 2020 is one that the legal system, and the world as a whole, will not soon forget. In the midst of a global pandemic, we have been asked to stay at home, people have lost their jobs in droves, and enforced social distancing protocols have caused courts throughout the country to close fully or partially. In an effort to minimize the disruptions caused by COVID-19, courts quickly began to restructure their processes and use virtual services to continue assisting the public. Now, months into the pandemic, it is clearer than ever that courts must provide both in-person and …

Court Review: Journal Of The American Judges Association, Vol. 57, No. 1

Court Review: Journal of the American Judges Association

Court Review, the quarterly journal of the American Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to the working judges of the United States and Canada. In each issue, we hope to provide information that will be of use to judges in their everyday work, whether in highlighting new procedures or methods of trial, court, or case management, providing substantive information regarding an area of law likely to be encountered by many judges, or by providing background information (such as psychology or other social science research) …

Charting A Path Forward To Create Justice For All, Danielle Elyce Hirsch, Lillian Wood

Court Review: Journal of the American Judges Association

It has been an unprecedented year, and the challenges we face are not yet over. Chief among them are the dual crises of coronavirus and racism, challenges which are distinct, yet undeniably intertwined. Existing research indicates that members of poor and minority groups are less likely than their white and higher-income counterparts to seek help when they experience a civil legal problem. Indeed, roughly three-quarters of the members of poor and minority groups do not seek legal help when they experience such problems.² Frequently, people’s legal problems are connected to other issues in their lives, including domestic violence, substance …

The Resource Page, Vol. 57, No. 1

Court Review: Journal of the American Judges Association

ABA ETHICS OPINION REGARDING WORKING REMOTELY DURING PANDEMIC

GROWING DEMAND FOR CIVICS EDUCATION

JURY TRIALS DURING COVID-19

BEST LAPTOPS FOR LAWYERS 2021

Editor's Note, Vol. 57, No. 1, David Dreyer

Court Review: Journal of the American Judges Association

Although there are a lot of things about 2020 that we would rather forget, it will always remain a year we have to remember. The leading reason, of course, is the Covid-19 pandemic, which affects every aspect of life. Measuring these effects is only just beginning, but there are important data to share. This issue of Court Review presents our readers with a focus on the pandemic tailored to our judge readers and others who are interested in how courts are being affected.

The Compassionate Court: Reforming The Justice System Inside And Outside, Jamey H. Hueston

Court Review: Journal of the American Judges Association

There is growing scholarship and justice system attention regarding the quality and effect of court interactions on citizens who come before the bar, as well as court system employees. From this research and the impact of therapeutic court experience, the Compassionate Court is born. The Compassionate Court considers court matters from a wider perspective that factors human behavior and disabilities, as well as community and societal influences that caused conflicts, and encourages courts to formulate alternative therapeutic solutions. The Compassionate Court reflects a coherent, navigable, and humanistic judicial process no matter the severity of the matter or difficulty of the …

Table Of Contents, Vol. 57, No. 1

Court Review: Journal of the American Judges Association

4 Judicial Stress and Resiliency Survey COVID-19 Update

8 Jury Trials in a (Post) Pandemic World – National Survey Analysis

12 Pandemic Positives: Extending the Reach of Court and Legal Services

22 Judging in the Time of a Pandemic: The Impact of COVID-19 on Bail and Sentencing in Canada

34 The Value of Intuition in Judging: A Case Study

40 Motivations, Barriers, and Impact of Continuing Judicial Education: A Survey of U.S. Judges

48 Warrantless Blood Draws and the Fourth Amendment: A Chronological Look at U.S. Supreme Court and State Supreme Court Cases from Missouri v. McNeely to Commonwealth v. …

Enhancing Access To Justice Through Online Intervention: Why Online Courts Should Show Restraint, Patrick Prestige

Plymouth Law Review

Those who take an interest in the legal system of England and Wales have long recognised that it has insuperable problems. The cost and time barriers for those seeking legal redress often results in justice not being attainable. Fear not, Her Majesty’s Court and Tribunal Service (HMCTS) say, for we are implementing a reform proposal to rectify these barriers. Splendid, says the uninformed onlooker. However, what is the opinion of the informed observer? This article provides an analysis of the Online Court Reform Programme. It does so by assessing the current reform proposal in light of two pragmatic reform models: …

Me, Myself, And My Digital Double: Extending Sara Greene’S Stealing (Identity) From The Poor To The Challenges Of Identity Verification, Michele Estrin Gilman

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy J. Johnston-Walsh, Alison Lintal

Faculty Scholarly Works

The COVID-19 pandemic has rocked the world in innumerable ways. This Article argues that the COVID-19 pandemic has a silver lining for law students in experiential learning programs. The pandemic has forced law schools across the country to fully utilize remote learning technology. The pandemic similarly forced courts to accept virtual tools in an environment that had previously relied primarily on in-person appearances. The lessons that law faculty and judges have learned from the pandemic will be permanent and may change the methods of operation going forward. Law schools that embrace the lessons they learned can help their law students …

Kinship Care In Pennsylvania: Creating An Equitable System For Families, Heidi Redlich Epstein, Lucy Johnston-Walsh, Jennifer Pokempner, Kathleen Creamer, Karissa Phelps

Faculty Scholarly Works

Family connection provides one of the most important contributions to the development and identity of children. A child’s family connections help them grow and thrive, provide them identity and security, and are a critical link to culture and traditions.

When experiencing difficult times, family members can support each other in ways no one else can, with the shared goal of keeping the family intact and connected.

When a child’s life is disrupted, calling on the support of family is custom in most communities and can be a great source of comfort for both children and the family. This is especially …

Health Care Sanctuaries, Medha D. Makhlouf

Faculty Scholarly Works

It is increasingly common for noncitizens living in the United States to avoid seeing a doctor or enrolling in publicly funded health programs because they fear surveillance by immigration authorities. This is the consequence of a decades-long shift in the locus of immigration enforcement activities from the border to the interior, as well as a recent period of heightened immigration enforcement. These fears persist because the law incompletely constrains immigration surveillance in health care.

This Article argues that immigration surveillance in health care is a poor choice of resource allocation for immigration enforcement because it has severe consequences for health …

Arbitration Clauses In Intellectual Property Contracts: Past, Precedence, And Future, Julien Chaisse, A. Marisport

The International Lawyer

No abstract provided.

Keep Distance Education For Law Schools: Online Education, The Pandemic, And Access To Justice, Lael Weinberger

Loyola University Chicago Law Journal

No abstract provided.

Concerning The Establishment Of A Standardized Health Benefit Plan To Be Offered In Colorado, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Regulation Of Marijuana For Safe Consumption, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Regulation Of Radon Professionals, And, In Connection Therewith, Requiring Licensure To Practice As A Radon Measurement Professional Or Radon Mitigation Professional, And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Address Law Enforcement Accountability, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Enactment Of The “Audiology And Speech-Language Pathology Interstate Compact”, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Personnel., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Loan From The General Fund To The Division Of Family And Medical Leave Insurance For The Purpose Of Implementing The State’S Paid Family And Medical Leave Program, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Law Talk In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …

Local Bar Disaster Response: What You Need To Know To Develop A Successful Plan, Ryan V. Cox, Sarah M. Dingivan

Faculty Articles

No abstract provided.

To Influence?: Exploring The Socio-Ecology Of Zoo-Morphic Imagery On The Northern Colorado Plateau, Ralph J. Hartley

Department of Anthropology: Faculty Publications

TO INFLUENCE?: EXPLORING THE SOCIO-ECOLOGY OF ZOO-MORPHIC IMAGERY ON THE NORTHERN COLORADO PLATEAU

Figurative zoo-morphic imagery is but one of a broad variety of created morphologically distinct depictions that can be used, both in isolation and in complexly configured modes of communication, to exploit the sensory responses of viewers. While contemporary observations of zoo-morphic petroglyphs and pictographs (i.e. rock-art) elicit varied interpretations and assignments of meaning relative to broader re-constructions of past socio-cultural systems, it is often assumed that the imagery reflects the creator’s intimate knowledge of behavior and habitat of the subject. In contemporary and recent historic times communicating …

Annual Report 2021, Tennessee. Department Of Human Services

Annual Reports

This annual report highlights the accomplishments of the Department of Human Services for the fiscal year.

A Glm Approach To Decomposing Wage Differential: Evidence From The Psid., Kassahun Mamo Geleta

Graduate Research Theses & Dissertations

The persistent gender wage differential, though declining through time, is the source of motivation to study the subject.A notable method to deal with the disparity is Oaxaca Blinder decomposition in combination with OLS estimation. This study follows a different approach that does not require the normality assumption and the log transformation of the wage variable. The study employs a generalized linear model (GLM) approach to estimate determinants of wage (measured in level) and combines the results with the Oaxaca Blinder decomposition method. The latter method quantifies the proportion of the wage gap which emanates from characteristics difference between men and …