Digital Commons Network^™

Transforming Intimate Partner Violence, Kiah Murphy

Student Works

No abstract provided.

Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo

UF Law Faculty Publications

For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …

Don't Let The Digital Tail Wag The Transformation Dog: A Digital Transformation Roadmap For Corporate Counsel, Michele M. Destefano, Tellmann P. Bjarne, Daniel Wu

Articles

Due in part to the COVID-19 pandemic, enhancements in technology, as well as shifts in the macroeconomic and socioeconomic dynamics of globalization, Digital Transformation (DT) has become an enterprise-wide imperative for most multinational companies (MNCs). As a result, legal departments are being challenged to embrace enterprise DT and start their own departmental DT journeys. Despite these trends, there is little scholarship and research about how MNC legal departments are addressing the DT challenge. How are General Counsel (GCs) currently approaching DT? Is what they are doing effective and value-accretive? And importantly, how should GCs approach DT to best generate value? …

Ai, Equity, And The Ip Gap, Daryl Lim

SMU Law Review

Artificial intelligence (AI) has helped determine vaccine recipients, prioritize emergency room admissions, and ascertain individual hires, sometimes doing so inequitably. As we emerge from the Pandemic, technological progress and efficiency demands continue to press all areas of the law, including intellectual property (IP) law, toward incorporating more AI into legal practice. This may be good when AI promotes economic and social justice in the IP system. However, AI may amplify inequity as biased developers create biased algorithms with biased inputs or rely on biased proxies. This Article argues that policymakers need to take a thoughtful and concerted approach to graft …

Faculty Masthead

Georgia State University Law Review

No abstract provided.

The Merits Of Merit: Book Review, Neil Fulton

Faculty Publications

No abstract provided.

Class Schedule - Summer 2022, Office Of Registrar

Semester Schedules and Information

No abstract provided.

College Football: Proposals For Structural Reform And Antitrust Implications, Drew Thornley

Marquette Sports Law Review

No abstract provided.

Policy By The People, For The People:Designing Responsiveregulation And Buildingdemocratic Power, Scott L. Cummings, Doug Smith

Fordham Law Review

Policymaking in American democracy is often a process that happens to people rather than by them. This is especially the case with respect to policy that affects people with less power in low-income communities and communities of color. Urban policy, in particular, has historically been driven by business elites and white homeowners’ interests, which have shaped exclusionary policies, such as redlining and single-family zoning— etching racial and economic segregation into the fabric of city space. Even when outsider interest groups and social movement organizations gain enough power to shape the policy agenda, give input into the content of policy, and …

Front Matter

The International Lawyer

No abstract provided.

The European Union's Sustainable Finance Disclosure Regulation: Compliance & Policy Implications, Michael Vuong

The International Lawyer

No abstract provided.

Professional Liability, Sven Stricker, Jordan Brownlow, Tania Sethi

SMU Annual Texas Survey

No abstract provided.

Legitimizing Illegitimacy In Constitutional Law, Melissa Murray

Faculty Articles

The traditional constitutional law course is a staple of the first-year law school curriculum and a gateway to more advanced public law courses. In constitutional law, students are introduced to a range of topics—separation of powers, judicial review, suspect classifications, and protections for individual rights, among others. But curiously, few constitutional law courses discuss illegitimacy and the constitutional issues that nonmarital birth presents. This is perhaps surprising. After all, nonmarital births have grown increasingly common in the United States. More than forty percent of American children are born outside of marriage, and studies show that illegitimacy is especially pronounced among …

Access To Counsel For Defendants In Lower Criminal Courts, Alyssa M. Clark, Andrew L. B. Davies, Karise M. Curtis

Other Publications

Criminal defendants unable to afford an attorney are entitled to one for free in the United States, but how and when they obtain access to that lawyer is another question. We examine judicial attitudes and behavior in granting access to counsel in areas where logistics are particularly forbidding. Based on survey responses from 1,091 magistrate judges presiding in lower criminal courts in suburban and rural jurisdictions in upstate New York, we describe both the procedures used to determine defendants' financial eligibility for free counsel, and the logistical challenges that surround securing the physical presence of a lawyer at the first …

The Twinning Of Crisis: Intimate Partner Violence, State-Level Policy, And Female-Headed Family Poverty Across The United States, Julio Montanez

Electronic Theses and Dissertations, 2020-2023

Intimate partner violence (IPV) and poverty plague populations as twin social crises. Just as IPV has implications in terms of gender, race, magnitude, and deleteriousness—so does poverty. IPV cuts across demography but has concentrated burden for certain groups. In addition to the many dimensions of violence survivors may face, survivors may face economic abuse, as well as difficulty working or attaining an education. Poverty, measured in relative and absolute terms, is stratified by various demographic categories (e.g., disability, ethnicity, gender), with certain groups facing an enhanced prevalence of the issue. With these demographic disparities working in the background of the …

What Are The Barriers Experienced By Self-Represented Litigants In Civil Court?, Darwin Fitzgerald Rice

Walden Dissertations and Doctoral Studies

The Judiciary Act of 1789 permits parties to plead and manage their cases personally or by a defense counsel. The legal provision laid the foundation for self-representation guidelines adopted by the courts. Despite self-representation becoming widely accepted in the legal system, there is limited understanding of the barriers faced by litigants. John Rawls’ theory of Justice written in 1971 guided an in-depth analysis of these experiences. The theory states that with the subject of justice things are just or unjust. With the need to answer the research questions that sought to explore the lived experiences of self-represented litigants, attorneys, and …

Book Review: Transforming Educational Pathways For Chicana/O Students: A Critical Race Feminista Praxis. D. Delgado Bernal & E. Alemán, Jr. Teachers College Press, 2017. 126 Pages., James Gambrell

Journal of Educational Research and Innovation

This book follows the first decade of a university-school-community partnership—called Adelante—with bilingual/bicultural students and their families to form a college-going culture in an elementary school with a large Latin@1 student population. Created at Jackson Elementary in 2005, Dolores Delgado Bernal and Enrique Alemán2 chronical the path that the first group of students—L@s Primer@s–walked as they and their families participated in this partnership. One of the most important lessons outlined was to start small, recognizing the myriad assets and stakeholders that would be engaged to enact a sustainable partnership. Therefore, Delgado Bernal and Alemán commenced with a single dual-language kindergarten class, …

Abortion Rights Beyond The Medico-Legal Paradigm, Mariana Prandini Assis, Joanna Erdman

Articles, Book Chapters, & Popular Press

Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation …

Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle

Faculty Scholarship

This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused …

Language Barriers And Cultural Incompetency In The Criminal Legal System: The Prejudicial Impacts On Lep Criminal Defendants, Sarah Moya

Fordham Urban Law Journal

No abstract provided.

Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Catherine F. Klein, Richard Roe

Scholarly Articles

Teaching About Justice by Teaching with Justice: Global Perspectives on Clinical Education and Rebellious Lawyering is co-authored by cadre of clinicians from around the world: Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Olinda Moyd, Bianca Sukrow, and Christoph König. The piece captures and reflects the content of five presentations at the 2021 Global Alliance for Justice Education (GAJE) biannual gathering, conducted virtually due to the pandemic, with over 450 participants from 45 countries. The piece illuminates many themes and issues in the teaching and practice of transformational justice …

For Whom “Bell” Tolls: Rent Escrow, Withholdings, Strikes, And Landlord-Tenant Reform, Brian G. Gilmore

Southern Illinois University Law Journal

Rent is the key obligation for tenants in a landlord-tenant relationship. What happens when the obligation to pay rent is challenged by the tenant due to the landlord's failure to meet their own obligations in that relationship? In that respect, can a tenant withhold rent (escrow their rent) legally under the law and force a judicial determination on not just the rent payments but the landlord's failures? Using a 1968 case known as Bell v. Tsintolas as a starting point, this article examines the concept of rent escrow, its evolution, and the various forms it takes in landlord-tenant relationships. This …

A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan

Faculty Scholarship

In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship largely focus on federal courts but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, for many aspects of procedure this breakdown can be misleading. Two different categories of courts are just as salient for understanding American civil justice: those that routinely include lawyers and those where lawyers are fundamentally absent.

This Essay urges civil procedure teachers and scholars to think about our courts as “lawyered” and “lawyerless.” Lawyered courts include federal courts …

International Bureaucracies: Extraterritorial Reach Of The European Commission’S Legal Expertise, Anu Bradford

Faculty Scholarship

The EU exercises significant influence over global regulatory standards, whether as a result of its ability to unilaterally export its rules to foreign markets via market mechanisms – a phenomenon that I have elsewhere described as ‘the Brussels Effect’ – or by entrenching them globally through bilateral or multilateral negotiations. In all cases, the legal expertise of the Commission is central. It either pro-actively supplies its expertise to their foreign counterparts or responds to the demand to offer technical expertise to create a rule-based order that closely imitates the regulatory state in Europe. Companies also resort to the Commission as …

Evaluating Legal Needs, Luz Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas – a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, …

Using Adaptive Governance To Protect Oregon’S Water Resources, Lauren Butz

Lewis & Clark Law Review

Over 30 years ago, Oregon adopted the innovative In-Stream Water Rights Act, which introduced new regulatory tools and incentives for encouraging efficient water consumption, and paved the way for the emergence of water trusts. However, Oregon’s water resources are under increasing strain as the state faces the challenges of over-appropriation and climate change. New solutions are needed to augment the existing regulatory framework. This Comment draws on the principles of adaptive governance and ecological resilience to formulate possible legal solutions to help the state adapt to increasing demands for water, proposing that Oregon leverage corporate social responsibility to encourage investments …

“I’D Never Let My Sister Do It”: Exploitation Within The U.S. Au Pair Program, Victoria Bejarano Hurst Muirhead

Lewis & Clark Law Review

The U.S. Au Pair Program, administered by the U.S. Department of State, is many things all at once: a cultural exchange program, a guest worker program, and an affordable childcare program. The hybrid nature of the program makes it attractive to foreign young people and U.S. host families alike. However, the hybrid nature of the program also renders au pairs susceptible to exploitation, particularly where labor rights are concerned. This Comment argues that in order to effectively mitigate the exploitation of au pairs, the Department of State must strengthen protections for au pairs and improve its oversight of the program, …

Legal Liability For Artificially Intelligent "Robot Lawyers", Michael Loy

Lewis & Clark Law Review

This Comment discusses liability for the use of autonomous “robot lawyers” in the practice of law. A “robot lawyer” is an artificially intelligent (AI) software program that performs legal tasks traditionally handled by lawyers. Law firms currently use “non-autonomous” robot lawyers that operate under the supervision of a human attorney to assist in legal research, e-discovery, and contract drafting. In the future, “autonomous” robot lawyers that operate without human oversight may one day represent clients. However, courts and legislatures have not determined who will be liable for errors, omissions, malpractice, or other harms caused by autonomous robot lawyers. This Note …

No. 10, April 2022: Uplifting The Perspectives And Preferences Of The Families Of English Learners In Los Angeles Unified School District And Charter Schools: Findings From A Representative Poll, Jeimee Estrada-Miller, M.P.P., Leni Wolf, M.P.A., Elvira G. Armas, Ed.D., Magaly Lavadenz, Ph.D.

Education and Policy Briefs

This research and policy brief uplifts findings from a 2021 poll of 129 LAUSD and affiliate charter school English Learner families. The poll covers a broad range of topics including families’ pandemic experiences in and outside of school, communication with schools, levels of engagement and representation in school-based decisions, and expectations of schools for the future. Findings indicate that: (1) a majority of EL families are engaged and report that they attend school activities; (2) EL families report feeling heard at their school sites and would like more personalized communication like home visits and calls; (3) EL families want more …

Toward More Robust Self-Regulation Within The Legal Profession, Veronica Root Martinez, Caitlin-Jean Juricic

Faculty Scholarship

The Trump Administration left reverberations throughout American life, and the legal profession was not insulated from its impact. The conduct of lawyers—both public and private—working on behalf of former President Trump was the subject of constant conversation and critique. The reality, however, is that the questions regarding the conduct of the Trump Administration lawyers, are rooted, in part, in more fundamental questions about the appropriate role of the lawyer within society. This Essay advocates for the adoption of a self-regulation scheme whereby lawyers regulate and oversee the conduct of other lawyers, to ensure that members of the legal profession are …