Digital Commons Network^™

The Role Of Nonprofit Organizations Serving Vulnerable Populations During Disasters, Joy Dvornicich

Walden Dissertations and Doctoral Studies

Disasters can strike any population, but research has shown that poor, disabled, medically underserved people and children are more adversely affected than the general population. This qualitative descriptive case study aimed to understand better nonprofit organizations' (NPO) impact on vulnerable populations during disasters. Data was collected through semistructured interviews with representatives of NPOs from a southeastern city in Pennsylvania whose clients are vulnerable populations. This qualitative case study was based on Weisbrod’s theory of government failure. The 4Cs of communicate, collaborate, coordinate, and cooperate were investigated through semistructured interviews and a review of secondary data. The research questions were designed …

Civic Anemia: Law Schools Should Give Boosters To Counter Its Effects, Anthony W. Crowell

Articles & Chapters

No abstract provided.

Arbitration Case Law Updates 2021–2022 (June 2022), Sandra D. Grannum, Elissa Germaine

Faculty Publications

(Excerpt)

This article summarizes leading arbitration cases and related issues that are of particular relevance to the securities arbitration practitioner. There appears to be a move away from compelling arbitration and federal jurisdiction of motions to confirm or vacate. The courts have decided several cases specifically involving FINRA arbitrations, discussing who can bring them and what courts have jurisdiction over them.

In addition, the Federal Arbitration Act was amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, the title of which speaks for itself.

Metasoftware: Building Blocks For Legal Technology, Houman Shadab

Articles & Chapters

This Article develops a novel concept in information technology called metasoftware. It then applies the concept of metasoftware to developing legal technology.

Metasoftware enables users to create the software of their choosing and stands in sharp contrast to traditional, functional software that is intended for a particular purpose or a defined range of tasks. Functional software is the default type of software that is currently produced and includes word processing, email, social networking, enterprise resource management, online marketplaces, and video game software. Metasoftware, by contrast, is not functional. Metasoftware presents the user with a blank slate upon which to build …

The Case Against Summary Eviction Proceedings: Process As Racism And Oppression, Andrew Scherer

Articles & Chapters

This Article argues that because of the many ways in which summary eviction proceedings privilege landlords and disadvantage tenants, their very structure is patently unfair. Moreover, because of the racialized nature of landlord-tenant relations, the summary eviction process perpetuates a race-based power imbalance and is structurally racist. This Article explains why the time has come to dispense with the use of the shortcut summary eviction process. Summary eviction proceedings–truncated and expedited exceptions to normal civil process—were first devised for eviction cases in the late eighteenth and early nineteenth centuries by state legislatures comprised of white male property owners who were …

Ending Homelessness In Santa Clara County: A Program Evaluation Of Homefirst Services’ Rapid Re-Housing Program Using Client Feedback, Karen Gomez

Master's Projects

This research was designed to evaluate whether HomeFirst Services’ RRH Program has proven to be more effective than traditional approaches in eliminating homelessness for its participants in Santa Clara County, California. Research was based on the Program Satisfaction Survey conducted at the end of the participants’ program enrollment in comparison with data collected for clients in other HomeFirst Services programs. The research question that is being answered from this survey is whether or not the HomeFirst Services RRH Program is fulfilling the clients’ needs. This questionnaire has been able to help HomeFirst Services understand the factors that help satisfy program …

Lessons For India’S Law Commission: A Study Of International Best Practices, Krishna Sumanth, Prashant Narang

National Law School of India Review

No abstract provided.

Lawyers' Right Of Professional Self-Defense And Its Limits, Douglas R. Richmond

South Carolina Law Review

No abstract provided.

Annual Report 2021, Tennessee. Department Of Human Services.

Annual Report

No abstract provided.

Office Of Criminal Justice Programs Annual Report Fy 2021, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Afrofuturism And The Law, I. Bennett Capers

Faculty Scholarship

Long before the film Black Panther captured the public’s imagination, the cultural critic Mark Dery coined the term “Afrofuturism” to describe “speculative fiction that treats African-American themes and addresses African-American concerns in the context of twentieth-century technoculture.” Since then, the term has been applied to speculative creatives as diverse as the pop artist Janelle Monae, the science fiction writer Octavia Butler, and the visual artist Nick Cave. But only recently have thinkers turned to how Afrofuturism might guide, and shape, law. This special issue, “Afrofuturism and the Law,” features articles that explore the many ways Afrofuturism can inform a range …

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 tend to focus on the federal, but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, like federal subject matter jurisdiction, for many aspects of procedure this breakdown can be misleading. When understanding American civil justice, two different categories of courts are just as salient: 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” courts—which …

Race And Washington’S Criminal Justice System 2021: Report To The Washington Supreme Court, Task Force 2.0 Research Working Group

Seattle University Law Review

This report is an update on the 2011 Preliminary Report on Race and Washington’s Criminal Justice System. This update does not include as context the history of race discrimination in Washington, and readers are encouraged to view the 2011 report for its brief historical overview.14 The 2011 report began with that historical overview because the criminal justice system does not exist in a vacuum. Instead, it exists as part of a legal system that for decades actively managed and controlled where people could live, work, recreate, and even be buried.

Members of communities impacted by race disproportionality in Washington’s criminal …

Nonprofit Board Composition, Atinuke O. Adediran

Faculty Scholarship

This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important moments to debate the inclusion of employees and racial and ethnic minorities on corporate boards, nonprofit boards are largely left out of these debates. The Article introduces the concept of board capital, which originated from the for-profit management literature, but has gained a stronghold in …

Traveling Judges, Alyssa S. King, Pamela K. Bookman

Faculty Scholarship

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges’ identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts’ futures. This Article maps the practice of traveling judges and explores its implications.

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

Articles

Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.
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A Divide & Concur Approach To Collaborative Goal Modeling With Merge In Early-Re: Supplemental Material, Kathleen R. Hablutzel, Anisha Jain, Alicia M. Grubb

Computer Science: Faculty Publications

Supplemental material for the paper:
"A Divide & Concur Approach to Collaborative Goal Modeling with Merge in Early-RE"
This paper proposes a formal approach to the problem of merging the attributes of intentions and actors, once these elements have been matched.

The Global Benefits Of The Law & Economics Framework In Legal Education: Using Class Simulations To Support Law Student Learning (First In Series), Patrick Gaughan

Akron Law Faculty Publications

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

Articles

In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.

Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.

A Critical Problem Needing A Bolder Solution?: A Response To Atinuke O. Adediran's "Nonprofit Board Composition", Lloyd Hitoshi Mayer

Journal Articles

The governing boards of nonprofit organizations, and particularly of nonprofits that serve low income and other vulnerable populations, fail to adequately include the populations that they serve. At least this is the common understanding among people familiar with these boards. Professor Atinuke Adediran not only confirms the existence of this problem but clarifies it in four important ways. Professor Adediran also proposes concrete steps to address it; although, the clarity she has brought to the problem raises the question of whether she could have been bolder in her proposed solutions.

The clarity comes from new data, careful consideration of previous …

The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster

Faculty Scholarship

East Asia's war compensation litigation simultaneously unites diverse regional actors (lawyers, survivors, activists) and fray international relations (as recent verdicts from South Korea attest). However, one view of the merits of these lawsuits is that they have reconfigured transnational activism in East Asia, exhumed forgotten and suppressed histories of Japanese aggression, and on occasion compensated victims of World War II. This Article highlights the role of Chinese, Japanese, Korean, Taiwanese activists, lawyers and scholars in researching, filing, litigating and appealing over 80 lawsuits between 1972 and the present.

What Pandemics Teach Us About Servant Leadership, Kelly L. Bezio

Interdisciplinary Journal of Leadership Studies

This article seeks to understand what pandemics teach us about servant leadership. It analyzes two texts, which reflect on people of color’s experiences becoming servant leaders during such public health crises: A Narrative of the Proceedings of the Black People, during the Late Awful Calamity in Philadelphia, in the Year 1793 (1794) and The Auntie Sewing Squad Guide to Mask Making, Radical Care, and Racial Justice (2021). These texts balance detailed depictions of what this leadership praxis looks like with trenchant critiques of how service, racism, and leadership tend to intersect in the United States. As texts that demonstrate the …

Practical Considerations In Starting And Operating An Academic Low-Income Taxpayer Clinic, Minoj Viswanathan, Amy Spivey

Faculty Scholarship

Low-income taxpayer clinics (“LITCs”) provide legal assistance to underserved clients with active federal tax controversies, conduct educational outreach to low-income and English-as-a-second-language taxpayers, and work to ensure the fairness and integrity of the tax system. Despite the availability of IRS grant funding for LITCs and the alignment of LITC goals with the core values that underlie clinical legal education, a relatively small percentage of U.S. law schools currently operates an LITC. Moreover, many law school LITCs have closed within the past ten years, demonstrating that, even if started, academic LITCs are challenging to sustain. This Article incorporates the authors’ experiences …

The Politics Of Owing: Accounting, Water Disconnection, And Austerity Urbanism In Detroit, Melissa Heil

Faculty Publications - Geography, Geology, and the Environment

With the rise of austerity urbanism, contemporary urban governance has been described as “rule by accountancy.” Yet the intricacies of accounting practice have been underexplored in the austerity urbanism literature. Drawing on insights from critical accounting studies, I interrogate accounting practices as political exercises that draw people and institutions into ties of obligation (accountability), shape social relations, and structure the conditions of urban life. Through this lens, practices of accounting can be understood not just as a technocratic tool of the financialized state, but as a contested terrain of urban political struggle. Examining the case of austerity-driven water service disconnections …

Building Fierce Empathy, Binny Miller

Scholarly Articles in Law Reviews & Journals

In this Article I explore the process of building and sustaining empathy with clients in the context of representing juvenile lifers-- people convicted of serious crimes as children and sentenced to life or sentences that ensure that they spend most of their lives in prison--in a law school clinic. Before turning to my own lawyering experiences and those of my clinic students, I ground the discussion of empathy in the competing theories of Charles Ogletree and Abbe Smith about the value of empathic lawyering for public defenders. These theories, together with the contributions of other scholars, provide a springboard for …

Defending Democracy Through Law: The Establishment Of The Legal Service Of The European Parliment, Fernanda Giorgia Nicola Dr., Antonio Caiola

Scholarly Articles in Law Reviews & Journals

Democracy, as well as the rule of law, is one of the founding values of the European Union. With the recent rise of some authoritarian governments in Europe, scholars have focused primarily on the efforts led by the European Commission and the European Court of Justice (“ECJ”) to curb democratic backsliding. While European institutions have struggled defending the rule of law inside the Union through lawsuits and economic sanctions against those governments, the history of integration shows how the European Parliament (“EP”) led the efforts to cure the democratic deficit existing in the European institutional system. Since the end of …

The De-Operationalization Of Article 370 Of The Indian Constitution, Parth Deshmukh

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Outsider Speech: The Plra, Aedpa, And Adjudicative Expression, William M. Carter Jr.

Case Western Reserve Law Review

No abstract provided.

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Becher, Shmuel I.

Articles

No abstract provided.