Digital Commons Network^™

Litigating Reproductive Rights: The Evolving Support Structure In The United States, Allison Anker

Honors Theses

The Supreme Court of the United States functions as the highest judicial body in the country, with its decisions having the capability to reverberate change across the nation. Understanding why they make certain decisions has long been a point of scholarship, with multiple theories emerging as to what exactly influences their rulings. One such theory is the support structure, proposed by Charles Epp in The Rights Revolution (1998), which is a theory exploring how social movements influence litigation and the establishment of certain rights. This theory states that legal mobilization at the Supreme Court rests “on resources, and resources for …

In Re: 38-36 Greenville Ave Llc

2022 Decisions

USDC for the District of New Jersey

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

The Scholar: St. Mary's Law Review on Race and Social Justice

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …

Civil Rights And Disability Justice Clinic: Reply Brief For Plaintiffs-Appellants: Not Dead Yet, Nmd United, Disability Rights New York, Michelle Brose, Mike Volkman, Jessica Tambor, Peri Finkelstein, Individually And On Behalf Of A Class Of All Others Similarly Situated, Plaintiffs- Appellants V. Kathy Hochul, Governor Of The State Of New York, In Her Offifficial Capacity, Howard A. Zucker, Commissioner Of The New York State Department Of Health, In His Offifficial Capacity, Defendants-Appellees. Case 21-2212, New York Law School

Briefs/Court Filings

No abstract provided.

Shi Gan Zheng V. Guiseppone

All Decisions

ERAP case.

Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington

St. John's Law Review

(Excerpt)

In August 2016, the American Bar Association’s (“ABA”) Board of Governors approved Model Rule of Professional Conduct (“MRPC”) 8.4(g) as a model for state adoption. The Rule makes it professional misconduct for a lawyer to engage in “harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” Curbing harassment and discrimination is a critically important goal. However, the actual Rule as promulgated reaches far beyond prohibiting sexual harassment and unlawful discrimination. Instead the comments to the Rule define discrimination and harassment broadly to prohibit speech …

Resources, Looking Back, Moving Forward Conference

Panel III: Moving Forward

No abstract provided.

Cardozo Law To Host Symposium On Parthenon Marbles Case And Cultural Property Ownership, Benjamin N. Cardozo School Of Law

Cardozo News 2022

The Benjamin N. Cardozo School of Law at Yeshiva University will convene international art law practitioners, distinguished scholars and a Greek delegation on April 28 for “The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics,” a symposium on cultural property ownership. The event will focus primarily on the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures, which were taken to London in the early 1800s by the British ambassador Lord Elgin.

Pagan V. 57 Elmhurst Llc

All Decisions

No abstract provided.

De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity, Tonya M. Evans

Pepperdine Law Review

In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase “gentrifying our genius” to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically condemned racial discrimination and cultural misappropriation. This Article chronicles the nefarious history of the creative disempowerment of creators of color and then imagines an empowering future for those who successfully exploit their creations by fully leveraging copyright ownership and transfer termination. To that end, I reference the considerable scholarship of Professor …

Illinois Access To Justice Project, Katherine Woziwodzki

Undergraduate Research and Engagement Symposium

The two lead agencies for the A2J initiative – The Resurrection Project (TRP) and the Westside Justice Center (WJC) – have led the efforts to collect and organize the programmatic data from the many community partners. In the Winter of 2021, the Center for Urban Research and Learning (CURL) at Loyola University Chicago began a collaborative research partnership with TRP, WJC, and the entire network of A2J agencies with the broad goals of a) developing a system and process to best harness the data currently being collected and to b) begin to develop an evaluative understanding of the impacts of …

Human Trafficking Among Utah Girls And Women, Lindsay B. Gezinski, Mckayla Caress, Marin Christensen, Susan R. Madsen

Marketing and Strategy Faculty Publications

Human trafficking is a global problem that involves the exploitation of people for profit through the means of force, fraud, or coercion.¹ It takes a variety of forms, including forced labor, debt bondage, domestic servitude, and sexual exploitation.² Systemic inequalities, such as mass displacement, extreme poverty, and lack of access to education and job opportunities are examples of contributing factors that can fuel trafficking of vulnerable populations.³ While the scale of trafficking in persons is difficult to determine, estimates suggest that there were over 40 million victims worldwide in 2016.⁴ In fact, during the COVID-19 pandemic, …

Art. 78 Response - Fusl000018 (2019-10-15)

Art. 78 Responses

No abstract provided.

Art. 78 Petitioner's Reply - Fusl000018 (2019-10-22)

Art. 78 Petitioners' Replies

No abstract provided.

Art. 78 Petitioner's Reply - Fusl000124 (2018-01-08)

Art. 78 Petitioners' Replies

No abstract provided.

Art. 78 Petition - Fusl000124 (2017-10-20)

Art. 78 Petitions

No abstract provided.

India’S Missing Working Women: Tracing The Journey Of Women’S Economic Contribution Over The Last Seven Decades, And During Covid-19, Mitali Nikore, Poorva Prabhu, Manvika Gupta, Vidhi Narang, Khyati Bhatnagar, Ashruth Talwar, Chandni Ganesh, Ujjwala Singh, Samarpita Banerjee

Journal of International Women's Studies

India today is an economic powerhouse on the global stage. However, it faces a queer conundrum. Despite considerable gains in female education, decreases in fertility rates and increasing economic growth, only a fourth of its women are in the labor force, amongst the lowest in the world. Based on analysis of time series data over the last seven decades (1950-2018), this paper finds that women’s labor force and workforce participation rates have secularly declined to their lowest levels since Independence. Women’s wages have consistently been below men, with weighted average wage gaps increasing from 59% in 1993, to 72% in …

Human Resource Mechanisms For Mitigating Internal Disputes Within Public Service And Non- Profit Organizations: The Analysis Of An Equitable Process/System Focused On New Hire Trends And Retention, Tranard Harvin

Helm's School of Government Conference - 2021-2024

No abstract provided.

Vol. 62, No. 11 (April 4, 2022)

Indiana Law Annotated

No abstract provided.

A “Hired Girl” Testifies Against The “Son Of A Prominent Family”: Bastardy And Rape On The Nineteenth-Century Nebraska Plains, Donna Rae Devlin

Department of History: Faculty Publications

In Red Cloud, Nebraska, in 1887, Anna “Annie” Sadilek (later Pavelka) pressed bastardy charges against the “son of a prominent family,” even though she could have, according to her pretrial testimony, pressed charges for rape. To the literary world, Sadilek is better known as Ántonia Shimerda, the powerful protagonist in Willa Cather’s 1918 novel, My Ántonia. However, it is Sadilek’s real-life experience that allows us to better understand life on the Nebraska Plains, specifically through an examination of the state’s rape laws and the ways these laws were subsequently interpreted by the courts. The Nebraska Supreme Court, between 1877 …

Spring Newsletter 2022 (Issue 2), Csusb

Coyote Chronicle (1984-)

In This Issue

• Inland Empire Black-owned businesses defy the odds
• CSUSB community feels the impact of Russia's invasion in Ukraine
• Eleventh annual Wolverine Con and International Student Film Festival welcomes "Heroes and Villains"
• Students conflicted over campus return
• Communication Studies Department connects with families through film screening
• Staffing shortages continue in San Bernardino County despite ongoing hiring
• Small businesses thrive amid COVID-19 uncertainties
• CSUSB students express their preference for in-person classes
• CSUSB's Spring 2022 election is underway
• Student disappointed by mental health services at CSUSB
• First generation students overcome remote learning struggles
• Living on campus during the pandemic
• Behind the …

Multi-Disciplinary Legal Problem Resolution: Selected Annotated Bibliography, Lisa Moore

Canadian Forum on Civil Justice

There is a growing body of research and scholarship on medical-legal partnerships, social work-legal services partnerships, and other models for multi-disciplinary legal problem resolution. The goal of this selected annotated bibliography is to gather in one place examples of some of these models, and the research questions that are being explored in this area. This document is not intended to be exhaustive. In some jurisdictions, multi-disciplinary models that facilitate legal problem resolution have been part of the legal landscape for several decades; in other jurisdictions they are newer, growing in number in recent years. This document provides insights into published …

Revoking Wills, David Horton

Notre Dame Law Review

No issue in inheritance law has sparked as much debate as the requirements for making a valid will. For centuries, Anglo-American courts have insisted that decedents obey rigid formalities, such as signing or acknowledging their wills before two witnesses. These rituals preserve proof of the testator’s wishes, reinforce the gravity of estate planning, prevent fraud and duress, and distinguish wills from other instruments. But they also have a dark side. In scores of cases, judges have cited minor errors during the execution process to invalidate documents that a decedent intended to be effective. Accordingly, generations of scholars have critiqued will-creation …

The Power Of A Good Story: How Narrative Techniques Can Make Transactional Documents More Persuasive, Karen J. Sneddon

Articles

Transactional documents are complex, multi-faceted documents reviewed by various audiences at multiple points in time. They are more than descriptive legal devices that dictate the exchange of widgets for cash. While the core of many transactional documents will be the acquisition, creation, or exchange of property or services, transactional documents do more than memorialize that understanding. At first glance, transactional documents may seem simply like expository texts that aim to create the private law between the transacting parties and educate the audience by delivering a sequence of instructions, but transactional documents do much more. They tell the stories of the …

What Makes My Client Guilty? Discussing The Processes, Effects, And Costs Of Wrongful Convictions, Shawn Page

Criminology Student Work

The basis of this paper will be to discuss my chosen career path following graduation. The career path that I will be exploring is that of an attorney. After I finish my athletic career, my next goal will be to enroll in law school and graduate in three years with my Juris Doctorate. My father is a partner at a law firm that handles many different cases, from malpractice allegations to criminal charges. My sister is also a public defender in Pittsburgh and represents individuals who can not afford to hire a private attorney. As a public defender you may …

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia Gipson Rankin

Faculty Scholarship

This article fills a critical gap in the family law literature by arguing that teaching doctrinal family law in conjunction with the application of established learning theory and pedagogy yields a deeper engagement with the subject matter and leads to more practice-ready lawyers. ABA Standards 301, 303, and 304 do not clearly articulate the distinction between experiential education and experiential learning; doctrinal law classrooms are often bereft of experiential learning activities. By incorporating active learning and inclusive pedagogy in the doctrinal classroom and following recommendations from the MacCrate Report and Family Law Education Reform Project, students will be better prepared …

Moving Law Schools Forward By Design: Designing Law School Curricula To Transfer Learning From Classroom Theory To Clinical Practice And Beyond, April Land, Aliza Organick

Faculty Scholarship

Calls for reform of legal education are long-standing and have been renewed with vigor and an increasing demand for “practice-ready” lawyers. As part of these reforms, changes to the American Bar Association Standards have been made that now require law schools to provide experiential learning opportunities, to define specific objectives, and to show that students are making progress toward those objectives. A rapidly developing area of study regarding professional identity formation stresses the importance of supporting and guiding students through experiential learning throughout the course of law school. Additionally, as part of its accreditation process, the ABA will now evaluate …

Sprinting A Marathon: Next Steps For Gender Equity In Criminal Law Employment, Maryam Ahranjani

Faculty Scholarship

In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention, and promotion of women criminal lawyers. Sprinting a Marathon follows up on the initial findings of the TF as published in the Berkeley Journal of Criminal Law and the ABA Criminal Justice magazine and on the ABA Criminal Justice Section website. This Article describes the results of a survey of diverse criminal lawyers and judges conducted at the end of 2020, as well …

The Color Of Justice, Alexis Hoag

Faculty Scholarship

No abstract provided.

Racial Allies, Atinuke O. Adediran

Fordham Law Review

Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes to be racial allies more than individuals and institutions within the public interest law sector. Yet, these institutions that address structural racism and disproportionately serve communities of color appear not to share power with racial and ethnic minorities. The public interest law sector has been at the …