Digital Commons Network^™

A Study Of Tax Lawyers Discussing Duties, Michael Hatfield, Michelle Kwon

Articles

This Article reports the first qualitative empirical study of U.S. tax lawyers. We interviewed women lawyers who were tax planning specialists. Though this is the first such study of U.S. tax lawyers, this methodology has been used often to study the professional ethics of other tax practitioners around the world. We had three research questions that we sought to answer through dynamic conversations on topics such as the distinctions between good and bad tax plans and good and bad tax lawyers and also the joys and stresses of tax practice. Our first research question was as to the make-up of …

Protective Orders And Limited Guardianships: Legal Tools For Sidelining Plenary Guardianship, David M. English, Nina Kohn

Faculty Publications

By encouraging use of limited guardianships and protective orders instead of full guardianships, states can reduce the likelihood of unnecessarily stripping adults of their civil rights. Yet, although such less restrictive alternatives have long been available to most courts, in practice, their use remains limited and sporadic. This article argues that this lack of use suggests that it is not sufficient for the law to state a preference for these less restrictive alternatives, it must actually create systems that incentivize their use and actively discourage the use of full guardianships. This article then shows, using the Uniform Guardianship, Conservatorship, and …

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

Articles

Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …

An Empirical Analysis Of Clinical Legal Education In Middle Age, Robert R. Kuehn, David A. Santacroce

Articles

Modern clinical legal education has turned fifty. Much has been written on its development and history, both as a pedagogy and in relation to the broader enterprise of legal education. But there has been no longitudinal empirical analysis documenting that growth until now. By looking at a series of nationwide surveys starting in 2007 and comparing those results to surveys dating back to the 1970s, this article paints a factual picture of clinical legal education’s progression from early adulthood to middle age.

Disclosures For Equity, Atinuke O. Adediran

Faculty Scholarship

This Article addresses how to increase funding to nonprofit organizations that are led by minorities or serve communities of color and how to hold corporations and private foundations who make public commitments to fund these organizations accountable for those commitments. The Article makes two policy recommendations to address these problems, while engaging with Supreme Court jurisprudence on mandatory disclosures to ensure that the proposals are narrowly tailored to institutional donors and include an opt-out provision so as not to chill the constitutional protection of the freedom of association. The first is for charities to publicly disclose their institutional donors in …

Biyyaa Baanus Biyyi Nu Keessaa Hinbaatu: Changing Gender Norms And Traditional Mediation Impacts On Marriage Among Ethiopian Immigrants In Three Southwestern Ontario Cities, Dinku Korsa

Theses and Dissertations (Comprehensive)

Abstract Immigrant spouses face culture shock in the host countries because they are disconnected from their social fabric and, at the same time, must adhere to the host countries' lifestyles. One of the immigrants' spouses' challenges is the marital conflicts that arise because of changing gender norms in the host countries and the absence of family support to solve their conflicts. The purpose of this study is to examine changing gender norms and traditional meditation's impact on marriage among Ethiopian immigrants living in Kitchener, Waterloo and Guelph. The study asks overarching research question: what is the impact of changing gender …

Negotiating Status: Pro Bono Partners And Counsels In Large Law Firms, Atinuke O. Adediran

Faculty Scholarship

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels …

Fringe Inheriting: Probate Avoidance At Both Ends Of The Wealth Spectrum, Allison Anna Tait

Law Faculty Publications

The principal system in the United States for transferring wealth from one generation to the next - the probate system - is a historically and steadfastly public one. Probate is a set of public processes and a court system created to situate and facilitate wealth transfer, giving legal imprimatur to the distribution of family money. Nevertheless, while the probate system may be the central and most conventional system for transferring wealth, not all families and individuals avail themselves of the system. The broad swath of families who avail themselves of the services and certain benefits of the probate system are, …

Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia

Cardozo Arts & Entertainment Law Journal

The article challenges the British Museum's claim that Lord Elgin legally and ethically acquired the Parthenon Sculptures with proper Ottoman authorization. It argues that the Museum's defense relies on flawed historical narratives, including the misrepresentation of key documents, and asserts that Elgin's actions were unlawful and harmful, undermining the Museum's moral and legal justification for retaining the sculptures.

Landlord-Tenant Relationships And The Covid-19 Pandemic: A Qualitative Exploration Of Landlord Power And The Eviction Moratorium, Anna Grazyna Kapolka

Public Health Theses

The COVID-19 pandemic resulted in an economic crisis as well as a public health crisis. The United States experienced the highest unemployment rates in its recorded history, exacerbating the pre-existing affordable housing crisis. Anticipating the impending wave of evictions, policymakers included a ban on evictions in the Coronavirus Aid Relief and Economic Security (CARES) Act, known as the eviction moratorium. When the CARES Act moratorium expired, the Centers for Disease Control and Prevention (CDC) ordered a temporary halt on evictions that was extended several times until August 26, 2021, and many states and localities passed their own eviction moratoria policies. …

“We Just Need Help”: A Qualitative Study On Information Channels And Knowledge Gaps On Eviction Resources During The Covid-19 Pandemic, Kalla Maxine Pascual Sy

Public Health Theses

BackgroundThe COVID-19 pandemic led to record levels of mass unemployment and wage losses in the United States, placing numerous households at greater risk of housing insecurity. Government bodies and non-profit organizations have responded accordingly by enacting eviction moratorium protections and rental assistance programs to help households in need. However, knowledge gaps pose challenges to successful uptake of eviction moratorium policies and rental assistance programs during the pandemic. Very little is known about tenants’ experience navigating eviction moratorium policies and assistance programs during the COVID-19 pandemic and any knowledge gaps that arose.

ObjectivesTo examine the channels of information for eviction-related resources …

Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World, Rima Sirota

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Impact Of Expert And Victim Gender In A Case Involving Intimate Partner Violence, Mckenzie Schueller

Theses and Dissertations

The purpose of this study was to examine the impact expert witness and victim gender had on mock jurors’ perceptions in a court case involving intimate partner violence (IPV). Participants were asked to read a mock trial transcript that included testimony of a victim and an expert and respond to questions. Results indicated that gender of the victim was oftentimes more influential on mock jurors’ perceptions than gender of the expert. For instance, the female victim was perceived as less blameworthy than the male victim regardless of expert gender. Furthermore, both the male and female expert were viewed as more …

The Entity Attorney-Client Privilege Meets The Twenty-First Century: Rethinking Functional Equivalent Analysis In The Time Of A Nonemployee Workforce, Grace Giesel

Penn State Law Review (2003 - Present)

No abstract provided.

A Qualitative Investigation Of Organizational Challenges And Facilitators To Screening Individuals Experiencing Homelessness For Hepatitis C Virus (Hcv) In Houston, Texas, Alane Celeste-Villalvir, J Michael Wilkerson, Christine Markham, Lourdes Rodriguez, Vanessa Schick

Faculty, Staff and Student Publications

BACKGROUND: Individuals experiencing homelessness may be at a disproportionately high risk for hepatitis C (HCV) because they may be more likely to engage in HCV risk behaviors. Community organizations that provide services to these vulnerable individuals can effectively screen, diagnose, and navigate them into HCV care. However, screening people experiencing homelessness for HCV at such organizations is limited by various challenges that remain understudied, including budgetary considerations and strategies to improve teamwork and communication. Accordingly, this study investigated the organizational challenges and facilitators to HCV screening of individuals experiencing homelessness as reported by homeless services providers.

METHODS: Staff (N = …

Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe

Articles & Chapters

Noting that the First Amendment protects lies about the government made in the public square, this article explores whether lawyers’ free speech rights ought to be different from that of other speakers. The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of lawyers’ fiduciary relationships with courts and clients. But how much more demanding can the law be when it comes to lawyers’ speech — in this case, false political speech? Applying the current First Amendment framework, we question the bar’s assumption that lawyers’ speech outside of these contexts can be …

Leaving Part Of Myself Outside The Door: An Exploration Of Pitfalls And Promising Practices For Black Millennial Survivors Of Racism, Sheriece L. Hooks

Theses and Dissertations

Experiences of racism and discrimination are a prominent concern within the Black community and often cause symptoms of stress or trauma for those who endure it. However, there are limited research studies which examine best practices and pitfalls for treating individuals of this population who struggle with race-based stress or trauma. This study uses a phenomenological approach to examine the therapy experiences of six clients, identifying as Black or African American, when discussing stress or trauma related to racism. Results identified several pitfalls, such as experiences of racism, color blindness, inattention, and countertransference, as well as promising practices, such as …

Bangerbuddy V. Instagram, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff

Publications

No abstract provided.

Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors

American Indian Law Review

No abstract provided.

Biography: C. Steven Hager

American Indian Law Review

No abstract provided.

Reprint: The Rule Of Law: Mcgirt V. Oklahoma And The Recognition Of The Muscogee (Creek) Reservation, C. Steven Hager

American Indian Law Review

No abstract provided.

Tributes To Steve Hager, Kace Rodwell, Michael Colbert Smith, Stephanie Hudson

American Indian Law Review

No abstract provided.

Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim

Reports & Public Policy Documents

The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …

What Do We Know About Access To Public Benefits And Services Among Low-Income Minority Families?: A Scoping Review Of The Literature, Chi-Fang Wu, Steven G. Anderson, Anissa Sheena Chitwanga, Soohyun Yoon

The Journal of Sociology & Social Welfare

In a time of economic crisis following decades of reduced commitments to low-income families, it is critically important to improve our understanding of the obstacles encountered by low-income families attempting to access public benefits and services. Following PRISMA guidelines, this paper offers a scoping review of research published since 2000 that addresses the distinctive barriers encountered by minorities in the United States when attempting to access public benefits. While our review included studies on access to all types of public social welfare benefits, most research during the study period focused specifically on access issues in obtaining various forms of health …

Wage Recovery Funds, Elizabeth Ford

Faculty Articles

Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …

The Molly Hootch Schools After 40 Years: Successes, Failures, And Opportunities, Jody Lynne Drew

Graduate Student Theses, Dissertations, & Professional Papers

This quantitative study was designed to understand the relationship between the variables of student attendance, educator experience and turnover, and student achievement at the Molly Hootch schools in rural Alaska in an effort to understand the current state of achievement according to data from 2002–2019 collected from the Alaska Department of Education and Early Development (AKDEED) database. Data revealed that Molly Hootch school attendance was at 90% and that proficiency among student dropped from 40% to 15% during the years under review. The researcher was not granted access to review further data that could provide more concrete answers to the …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Sense Of Belonging, Achievement Motivation, And Goal Attainment Through The Lens Of Transgender Activists, Donella Gray

Walden Dissertations and Doctoral Studies

It was not known how transgender activists' lived experiences of a sense of belonging influence their motivations to achieve personal goal attainment. Using the theory of achievement motivation, the purpose of this qualitative phenomenological study was to explore how transgender activists' lived experiences of a sense of belonging influenced their motivations to achieve personal goal attainment. Two topics guided this study: how transgender activists' community participation influenced their sense of belonging and how transgender activists' lived experiences of a sense of belonging influenced their motivation to achieve and personal goal attainment. Thematic analysis was used to identify five themes collected …

Strategic Management Practices For Responsible Mining In Artisanal And Small-Scale Mining Projects, Cornelius Mireku-Antwi

Walden Dissertations and Doctoral Studies

Irresponsible management practices in the Artisanal and small-scale mining (ASM) industry result in wasteful mineral resource recovery and utilization. The lack of ASM managers' ability to implement responsible mining inhibits the ability to grow revenues and profits. Grounded in Mckinsey’s 7S framework, the purpose of this qualitative multiple case study was to explore strategies ASM managers use to establish responsible mining while also improving revenues and profits. The participants were five ASM managers from five ASM companies in Ghana. Data were collected using semistructured interviews and company public documents such as published annual reports. The four themes from the thematic …