Digital Commons Network^™

Are Service Designers Positioned To Design For Sustainability?, Kendon Jung, Mauricio Mejía

IASDR Conference Series

We have designed systems that influence the daily choices of 8 billion people and have brought our world to the brink of collapse as a result. In this context, designers, in general, have been concerned with sustainability for a long time. While the field has acknowledged that not only product design but also services and systems are spaces to address sustainability, much of the literature has centered on creating methods and tools. This work could be limited in preparing designers for action because prescriptive guides are rarely easy to implement in designing activities. Leveraging design to intentionally shift a linear …

Shadow Report Submissions And Updates Compiled By The International Human Rights Clinic At University Of Illinois Chicago School Of Law And Program On Human Rights And The Global Economy At Northeastern University School Of Law, Sarah A. Dávila Et Al.

Faculty White Papers

No abstract provided.

Restructuring The Constitution For Human Resilience, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty, Martha Albertson Fineman & Laura Spitz, eds.

Mmu: 10/09/23–10/15/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Fiduciaries In Priest's Clothing: Clergy Sexual Abuse And Fiduciary Duty, Sebastian Richardson

Northwestern University Law Review

This Note argues that clergypersons who offer religious guidance are fiduciaries in some limited circumstances and therefore liable for sexual contact that occurs between them and congregants. This Note will argue that clergypersons are most properly deemed fiduciaries through a fact-based definitional approach. As such, this Note departs from previous arguments that clergypersons are fiduciaries because they provide services analogous to secular counselors. Prospective fiduciary relationships involving clergy should be analyzed using a distinct conceptual account of fiduciary relationships rather than an analogical analysis based on apparent similarities between a clergyperson and other fiduciaries. Such an approach is preferable to …

Building A Culture Of Scholarship With New Clinical Teachers By Writing About Social Justice Lawyering, Caroline Wick, Susan Bennett, Binny Miller, Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citalli Ochoa, Charles Ross, Anne Schaufele

Faculty Publications

This Article is a collection of essays about teaching social justice lawyering, as seen through the eyes of eight practitioners-in-residence in the clinical program at American University’s Washington College of Law (“WCL”). They include: Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citlalli Ochoa, Charles Ross, Anne Schaufele, and Caroline Wick. They teach in seven clinics, including the Civil Advocacy Clinic, the Criminal Justice Clinic, the Community Economic and Equity Development Clinic, the Disability Rights Law Clinic, the Immigrant Justice Clinic, the International Human Rights Law Clinic, and the Janet R. Spragens Federal Income Tax Clinic. We use the terms …

The Roll Of Offset In The Collection Of Federal Taxes, Keith Fogg

Florida Tax Review

The legal principle of offset has played a key role in debt collection by private parties for centuries. In 2021, offset continues to play an equally essential role in the United States government’s collection of debts owed to it, accounting for billions of dollars in funds taken from outgoing payments. The right of offset arises when two parties owe each other debts. The party asserting offset can subtract what is owed to them from what they owe, allowing the parties to avoid an unnecessary transaction. Offset thus makes intuitive sense, simplifying two payment flows into one. But offset becomes far …

Free Speech Forum Program | 2023, Jacksonville State University

News Articles & Documents

The Free Speech Forum was held 3 October 2023 from 6-8 p.m. at the Houston Cole Library. The event featured individuals with expertise in Constitutional Law, the history of Free Speech, and former policymakers who have actively participated in First Amendment issues. The featured topic was Free Speech as it applies in the general sense to all American citizens (students, staff, faculty, community members, etc.) and not exclusively to professors and academic freedom.

Panelists included W. Keith Watkins, Allen Linken, Luther Strange, and Bryan Fair. The panel was moderated by Lori Owens and Thomas Rains.

Video of the Forum

The Link October 3, 2023, Access To Justice Institute

The Link Newsletter

No abstract provided.

Renaisance Equity Holding Llc V. Ford

All Decisions

No abstract provided.

Strategic Plan For The Honors College At Marshall University, 2023, Honors College, Brian A. Hoey

Publications of the Honors College at Marshall University

Beginning with a consideration of our broader institutional and communal contexts and informed by wide-ranging internal and external data collection and analysis, the first five-year strategic plan of the Honors College at Marshall University sets overarching priorities and defined goals that together are intended to deepen community connections, expand recruitment efforts, support greater access and inclusion while increasing retention, develop a more engaging, flexible, and valuable curriculum, and through securing greater material and human resources, to raise the college’s ability to serve as an equal partner in the provision of service to other units on campus. Our overarching goal is …

The Quad (The 2023 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating 75 years of the SMU Dedman Law Clinical Program

• Raggio endowed lecture: A conversation with Amal Clooney

• Faculty spotlights on Professor Eric Ruben and Carla L. Reyes

• SMU Dedman Law Tax Program with impressive influence

Enforceability Of Exculpatory Clauses In Missouri, Samantha Cusumano

Law Student Works

Today, a vast majority of contracts signed by consumers contain provisions that release one or both of the parties from liability if personal injury occurs during the course of the contract. These provisions are referred to as liability waivers, exculpatory clauses, limitations of liability, or liability releases, and these terms are often used interchangeably within this pathfinder and in legal research relating to this topic. The effect of these provisions is that the signing party waives their right to file future claims against the other party in the event of injury or loss and relieves the drafting party of any …

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

Gold & Blue Law Edition, Fall 2023, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Fall 2023 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Gold & Blue, Fall 2023, St. Mary's University - San Antonio, Texas

Gold & Blue

This is the Fall 2023 edition of Gold & Blue which is St. Mary's University's official school publication.

From "Our Poor" To "Personal Responsibility": Changing Welfare Rhetoric In Political Party Platforms Of The Carolinas And The Nation, 1950-2005, Felicity N. Ropp

Senior Theses

In this thesis, I track political rhetoric surrounding poverty and welfare from 1950-2005. I first provide thorough context on the history of welfare policy in the United States and the way these issues were framed by politicians leading up to the period my data covers. My analysis centers on 108 political party platforms from the national Republican and Democratic parties and from state parties in North and South Carolina, ranging from 1950 to 2005 (31 of which I located in archives and manually digitized for the first time ever). I explain the significance of party platforms and review the literature …

Toward National Regulation Of Legal Technology: A Path Forward For Access To Justice, Drew Simshaw

Fordham Law Review

Legal technology can help close the access-to-justice gap by increasing efficiency, democratizing access to information, and helping consumers solve their own legal problems or connecting them with lawyers who can. But, without proper design, technology can also consolidate power, automate bias, and magnify inequality. The state-by-state regulation of legal services has not adapted to this emerging technology-driven landscape that is continually being reshaped by artificial intelligence–driven tools like ChatGPT. Confusion abounds concerning whether use of these technologies amounts to unauthorized practice of law, leads to discrimination, adequately protects client data, violates the duty of technological competence, or requires prohibited cross-industry …

Centering Disability In The Law School Pedagogy: A Way To Include Disabled Law Students, Ella Maiden

The Journal of Law and Education

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2023

Nebraska Transcript

Dean's message

Inclusive Leadership

Team earns $1M to bridge connections between history, civil rights

New student organizations highlight varied law student experiences

Inclusive Leadership Fellows guide 1L class 8 Bishop, ’92, named multicultural homecoming honoree

Mangram, ’24, named Inspire Scholarship Finalist

Student wellness initiatives expand

Ruiz, ’25, finds balance on and off the track

Advancing Justice Professor Danielle Jefferis: Protecting the Rights of the Incarcerated and Confined

Storer, ’17, works to combat human trafficking

2023 Strategic Plan Update

Inaugural Public Interest Scholars named

New clinic at Nebraska Law will defend First Amendment rights

Children’s Justice Clinic receives grant from Women …

Law School Record, Vol. 70, No. 1 (Fall 2023), Law School Record Editors

Law School Record

• Message from the Dean
• Law School Faculty Shaping the Law with Their Ideas
• Lies and the Law
• With Two Generous Gifts, Pavel Malyi, LLM ’95, Promotes the Rule of Law Internationally
• Three Alumni to Clerk on US Supreme Court in 2023–2024 Term
• Art and the Law
• The Producers
• Law School Clinic Secures US Supreme Court Win in ICWA Case
• Student Q&A
• Law School Student and Alumna Win Coveted New Venture Awards
• Graduation 2023
• Chicago Unbound
• Scenes From Orientation
• Development News
• In Memoriam
• Meet the Class of 2026

The Guardian The Month Of October 2023, Wright State Student Body

The Guardian Student Newspaper

News articles from The Guardian for the Month of October 2023. The Guardian is the official student-run newspaper for Wright State University. It has been published regularly since March of 1965.

For The Ones Who Endured So That A Nation Might Live: A Plea To The Mississippi Legislature And Judiciary To Amend Miss. Code. Ann. 9-25-1 And Adopt A Mississippi Statewide Veterans Treatment Court, Hannah Grace Eckel

MC Law Review

Veterans provide an invaluable service to protect and defend the ideals of this nation. Today, there are roughly 18 million veterans living in the United States, and Mississippi is home to over 187,000. While many servicemen successfully integrate back into civilian life, trauma and addiction follow others which often leads to confrontations with the criminal justice system. The traditional Mississippi court system is ineffective for many veterans because the underlying issues that led to their incarceration cannot be treated with mere confinement.

Veterans Treatment Courts (VTCs) address the underlying issues that often lead to criminal activity and offer a veteran …

Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …

The Lawyer: Fall 2023, Seattle University School Of Law

Lawyer

No abstract provided.

What Do Law Professors Believe About Law And The Legal Academy?, Eric H. Martinez, Kevin Tobia

Faculty Scholarship

Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Beneficial Conflicts Of Interest, Anita K. Krug

Cardozo Law Review

Conflicts of interest exist in both professional and private settings, and everyone experiences them from time to time. If a person harboring a conflict acts on it—meaning the person acts against interests she ought to uphold—innocent parties may be harmed. Accordingly, the key to addressing a conflict in most settings is to eliminate it, such as by prohibiting conflicted behavior or recusing oneself from a deliberative process. However, conflicts of interest have a special character in the securities realm, both because they are ubiquitous given financial firms’ myriad competing interests and because the goal of the agency charged with addressing …

Deconstructing The Software Factory: A Practical Application Of Interorganizational Network Analysis, Zachary O. Ryan, Mark Reith, Clay Koschnick

Faculty Publications

Over the past 5 years, the number of DoD software organizations that employ nontraditional organizational structures has increased. These organizations, commonly referred to as software factories, often employ the network-based organizational structures found within high-technology industries. This article details ways in which network analysis techniques can be used to create a big picture view of these nontraditional organizations. Drawing on methodologies employed by network researchers, the authors develop and present an interorganizational analysis process that highlights a program's social and economic structures. Following the case history approach, they demonstrate the applicability of this approach by analyzing an emergent DoD software …

The Ethical Risk Of Experience, Barbara Glesner Fines

Faculty Works

Practice may make perfect, but in law practice, experience and specialization can actually increase some types of errors - leading to an increased risk of malpractice claims, disciplinary complaints, or client dissatisfaction. This article explores the question of why this may be so. The article first examines the phenomenon of increased malpractice and disciplinary risks for family law attorneys in general and experienced attorneys in par­ticular. The central question this article examines is this, "Why might highly experienced and specialized family law attorneys find themselves facing the most severe of disciplinary sanctions or malpractice judgments?" The answers point to some …