Digital Commons Network^™

Contractual Evolution, Matthew Jennejohn, Julian Nyarko, Eric L. Talley

University of Chicago Law Review

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …

Law Firm Dynamics: Don’T Hate The Player, Hate The Game, Tom Kimbrough

SMU Law Review Forum

This paper concerns the business of law, a subject ignored by legal academia and sugarcoated by the organized bar. If law professors express little or no interest in this subject, their students most certainly do. Indeed, I have found that students are desperately hungry for information on the day-to-day realities of working in a law firm. Students are especially keen to learn about possible paths for career advancement within firms, across them, or across the organizations served by the firms.

Paths for career advancement do exist, but they are not easy to find or pursue. Law firms are hardly going …

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Articles

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District, …

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Commencement Program - Seton Hall University School Of Law Class Of 2022 Commencement Exercises

Graduation

No abstract provided.

Lawyering The Indian Child Welfare Act, Matthew L.M. Fletcher, Wenona T. Singel

Michigan Law Review

This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries use those same advantages on appeal to attack the constitutional validity of the law. The primary goal of this Article is to help expose those structural issues and the ethically troublesome practices of adoption attorneys as the most important Indian Child Welfare Act (ICWA) case …

Protecting The Guild Or Protecting The Public? Bar Exams And The Diploma Privilege, Milan Markovic

Faculty Scholarship

The bar examination has long loomed over legal education. Although many states formerly admitted law school graduates into legal practice via the diploma privilege, Wisconsin is the only state that recognizes the privilege today. The bar examination is so central to the attorney admissions process that all but a handful of jurisdictions required it amidst a pandemic that turned bar exam administration into a life-or-death matter.

This Article analyzes the diploma privilege from a historical and empirical perspective. Whereas courts and regulators maintain that bar examinations screen out incompetent practitioners, the legal profession formerly placed little emphasis on bar examinations …

Nightmare On High Street: The Haunting Effects Of Voluntary Arbitration In Nursing Home Administration, Taylor M. Harrington

Missouri Law Review

“Ring…Ring…Ring…” It is one o’clock in the morning. The buzz of your phone wakes you from your sleep. You roll over and check to see who could be calling at this hour. You do not recognize the number, but you answer anyway. The words racing from the voice on the other end of the line are too horrific to be true, but they are. Your dreams suddenly turn into a real-life nightmare as you learn that your loved one waits in a hospital room, fighting for their life. You rush to their bedside. You are with them when they die. …

Government Ethics And Sustainable Space Exploration, Adam F. Greenstone

Northern Illinois University Law Review

This Article is about how government ethics supports humanity’s sustained exploration of outer space. Connotations of space sustainability include addressing all bases so that space activity develops to maximize human benefit. NASA’s ethics practice advances key mission objectives by supporting workforce talent acquisition, talent transfer to other organizations supporting national space objectives, disseminating public information on NASA’s activities, and advancing space commerce development. Following the earlier concurrent development of US government ethics law and human spaceflight, the United Nations Convention Against Corruption (UNCAC) has advanced a global anti-corruption framework of which government ethics is part. The significance of government ethics …

A Hill To Die On: Federal Court Reform In The 2020s, Daniel P. Suitor

Minnesota Law Review Vols. 106:2 onward (2021-present)

Is the Federal Judiciary broken and, if so, what can we do to fix it? To that end, Minnesota Law Review hosted its annual Symposium on March 25, 2022. Titled “A Hill to Die On: Federal Court Reform in the 2020s,” the event gathered some of the country’s leading thinkers, writers, and broadcasters studying the structure and operation of the Article III courts. Across three wide-ranging discussions, the Symposium’s participants attempted to answer the overarching inquiries by investigating the Supreme Court, lower federal courts, and the current events surrounding them.

Are Female Leaders More Committed To Csr? Comparing Certified B Corporation Leaders On Social Impact Scores, Mathew Fisher

Executive DBA Dissertations

This dissertation examines the relationship between the gender of B-Corp leadership and the measurable dimensions of corporate social responsibility (CSR) embodied by the certified B Corp program. This project builds off prior research findings that female-founded firms are more likely to qualify for and achieve B Corp certification from a population of firms completing B Lab’s impact score assessment. The independent variable of current top leader gender and the dependent variables of the B Corp impact scores, along with each of the five constituent subcategories, are tested to determine whether women-led firms outperform those led by men on CSR measures. …

The Plaintiff's Plight: Altering Alaska's Rule 82 To Better Compensate Plaintiffs, Matthew Naiman

Alaska Law Review

Alaska is unique among the fifty states in its use of a version of the English rule of attorneys' fees in civil cases. Alaska Rule of Civil Procedure 82, in combination with several other rules, effectuates a fee shift such that the losing party pays a portion of the winning party's attorneys' fees. Rule 82 has two fee schedules: one for monetary judgments and one for non-monetary judgments. The monetary judgment fee awards are based in part on the amount of the judgment, while the non-monetary judgment fee awards are based on the victorious party's actual, reasonable attorneys' fees. This …

Resource Gaps For Minority Entrepreneurs: Toledo Business Survey And Interviews Findings, Iryna Lendel, Jack Yochum, Madeline Frantz, Georgina Figueroa

All Maxine Goodman Levin School of Urban Affairs Publications

This publication details the state of Toledo’s Entrepreneurial Ecosystem (EE) through the lenses of service providers and clients. The Center conducted a total of 12 interviews with service providers across the Toledo EE to uncover the strengths, weaknesses, and gaps in the services the Business Growth Collaborative (BGC) provided. We combined this with survey responses from entrepreneurs in the region to identify how their perceptions of the EE were consistent with and differentiated from those of the service providers. This report closes by providing actionable items for the BGC to pursue that directly address the gaps in support.

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Michigan Law Review

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District …

Race And Washington’S Criminal Justice System: 2022 Recommendations To Criminal Justice Stakeholders In Washington [Draft], Task Force 2.0: Race And The Criminal Justice System

Fred T. Korematsu Center for Law and Equality

Race and Washington’s Criminal Justice System: 2022 Recommendations to Criminal Justice Stakeholders in Washington [DRAFT]

Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker

Dignity: A Journal of Analysis of Exploitation and Violence

Legal, court, and criminal justice professionals regularly navigate court procedures and processes through online portals. They know where to locate applicable court rules, such as a specific section on a court website or a departmental contact. However, these tasks can be extremely daunting for laypersons seeking court assistance, especially for victims of violence who have limited time away from the abuser. To determine how state judicial branches make information available about protective order procedures and general information to a layperson, especially to victims of intimate partner violence, this study assessed court websites of five states where intimate partner violence (IPV) …

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Faculty Scholarship

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District …

Health Care Provider Knowledge Of Human Trafficking, Bobbi Mccarthy

Doctoral Dissertations and Projects

Human trafficking is a global public health crisis catastrophically threatening the health and well-being of those trafficked. Limited studies measure health care providers’ confidence in their ability to recognize, treat, and refer those being trafficked. This integrative review synthesizes current knowledge on human trafficking and identifies gaps in research on educational interventions aimed at increasing provider knowledge and awareness as well as confidence in treating and referring those being trafficked. A systematic search of five databases identified peer-reviewed published papers between 2015 and 2021. The integrative review followed the framework of Toronto and Remington (2020), and the systemic search was …

The Devadasi System: An Exploitation Of Women And Children In The Name Of God And Culture, Tameshnie Deane

Journal of International Women's Studies

This article looks at an ancient tradition of India called devadasis, which literally means “servant of God”. It requires girls as young as four years to be ‘married’ or ‘dedicated’ to a temple deity. Once a revered practice, over time the traditions evolved allowing women and children to become sexually exploited in the name of God. Looking at the reasons for the difficulty in combating this issue, this paper will first analyse its practices through a historical lense. Secondly, the extent of this exploitative practice will be discussed, and a major objective will be to explore the cultural underpinnings of …

2022 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael J. Burstein, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Commencement Address:

Judge Eunice C. Lee, United States Court of Appeals for the Second Circuit

Student Remarks:

Elisabeth Bauriedl, LL.M. Class Speaker; Class of 2022

Madison Chajson, J.D. Class Speaker; Class of 2022

Student Bar Association Awards:

Nigel A. Pura-Bryant, Class of 2022 …

Global Health Electives In The Covid-19 Era: Resuming Travel And Strengthening Global Health Academic Partnerships., Heather Haq, Amos Msekandiana, Mogomotsi Matshaba, Linoeo Thahane, Jennifer Watts, Reena Tam, Nicole St Clair, Charles Schubert, Amy Rule, Pia Pannaraj, Michael Pitt, David Oleson, Brittany Murray, Lee Morris, Joanne Mendoza, Megan Mchenry, Elizabeth Keating, Kathy Ferrer, Heather Crouse, Tania Condurache, Maneesh Batra, Adelaide Barnes, James Conway

Manuscripts, Articles, Book Chapters and Other Papers

No abstract provided.

Systematic Racism, Abortion And Bias In Medicine: All Threads Woven In The Cloth Of Racial Disparity For Mothers And Infants, Gabrielle Ploplis

Journal of Law and Health

This note argues that decisions like that of NAACP v. Wilmington Medical Center, Inc. have been one of many contributing factors in the disparity in mortality rates of both black and American Indian/Alaska Native newborns in comparison to white newborns across the country. Part II examines the current state of the law regarding issues of discrimination, accessibility of health care, and relocation and closure of medical centers that has disproportionately affect minorities in the U.S. Part III discusses the statistics of white, black, and American Indian/Alaska Native newborn and maternal mortality rates in the United States. Part IV addresses the …

Amazon Cloud Player: The Latest Front In The Copyright Cold War, Cullen Kiker

Journal of Technology Law & Policy

This Article addresses a concern over the emerging use of cloud-based services for the storage and enjoyment of copyrighted music without the copyright holder granting the cloud-based service a license to copy or play back the music. Specifically, the Amazon Cloud Player will be examined with an eye toward the question of whether Amazon.com needs a license in order for users who have legally purchased copyright protected music to store and enjoy that music on the Amazon Cloud Player.

The implications of the questions raised in this Article cannot be understated. More and more content is being stored in the …

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Hethcoat Ii

Journal of Technology Law & Policy

This Article focuses on the Florida Bar’s attempt to wrestle with this question in regulating attorney advertising. Among state bars, the Florida Bar has been a pioneer in regulating advertising, especially with respect to new technology. The Bar’s efforts have been years in the making, but only until recently did constitutional considerations percolate to the forefront as the Bar faced litigation threats, and federal courts issued opinions expounding on attorneys’ First Amendment rights. With the release of a proposed new code of advertising rules that is sure to draw the attention of other bars across the country, moreover, questions have …

Intellectual Property: Tectonic Shifts In The Legal Landscape, Alexandre A. Montagu

Journal of Technology Law & Policy

No abstract provided.

Administrative Appeal Decision - Burns, Thomas (2022-02-02)

Parole Administrative Appeal Decisions

No abstract provided.

The Ethics Of Legal Process Outsourcing—Is The Practice Of Law A "Noble Profession," Or Is It Just Another Business?, Aaron R. Harmon

Journal of Technology Law & Policy

In this Article, I analyze the emergence of LPO in India, as well as the ethical considerations raised for firms that offshore legal work. I chose to focus on India, where the industry has evolved most rapidly, for two reasons. First, as a result of British colonization, many Indian workers speak English fluently, thereby facilitating an East-West synergy more easily than other countries. Second, India utilizes a common law system similar to what is practiced in the United States and Britian (a result of British colonization).

Since the subject of LPO has been, as of yet, relatively unexplored by legal …

Jailhouse Informants: A Lesson In E-Snitching, Valerie Alter

Journal of Technology Law & Policy

Informants have been falsifying confessions in the United States since at least 1819. That year, Vermont authorities could not solve an alleged homicide since the victim was missing, and brought in a known perjurer for help. The perjurer elicited a “confession” from a suspect, who received the death penalty. Days before the hanging was to take to place, the supposed murder victim returned to town, alive. Today, jailhouse informants, many of whom are pathological liars, who tell prosecutors about suspects’ alleged confessions, will receive leniency or other perks. Problems stemming from this prompted a grand jury investigation in Los Angeles …

Vol.49 N.44 May 26th 2022, Voice Media Ventures

Black Voice News

No abstract provided.