Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2023

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 571 - 600 of 1059

Full-Text Articles in Entire DC Network

Faculty Masthead Mar 2023

Faculty Masthead

Georgia State University Law Review

No abstract provided.


The Fourth Industrial Revolution And Legal Education, Steven R. Smith Mar 2023

The Fourth Industrial Revolution And Legal Education, Steven R. Smith

Georgia State University Law Review

A “Fourth Industrial Revolution” (4IR) will dramatically change current law students’ careers. Innovations in technology, business, and social structures will require different and more sophisticated legal services. Law school graduates will be responsible for harnessing, encouraging, and establishing legal controls that offer society the benefits of these new technologies while limiting the undesirable side effects. At the same time, the recurring, repetitive practice of law will begin to disappear as more work is done much cheaper and better by machines.

The 4IR presents extraordinary opportunities for law schools, the legal profession, and graduates, but it also presents significant challenges. To …


The Lawyer's Duty Of Tech Competence Post-Covid: Why Georgia Needs A New Professional Rule Now—More Than Ever, Julia Webb Mar 2023

The Lawyer's Duty Of Tech Competence Post-Covid: Why Georgia Needs A New Professional Rule Now—More Than Ever, Julia Webb

Georgia State University Law Review

The American Bar Association (ABA) promulgates the Model Rules for Professional Conduct (Model Rules), which prescribe the behavior with which lawyers must comply in demonstrating competency to practice law. In 2012, the ABA updated Comment 8 to Model Rule 1.1 to require maintaining competence in the “benefits and risks associated with relevant technology,” also known as a lawyer’s “duty of technological competence.” A decade later, the majority of state bar associations have adopted and implemented this language. Georgia, however, remains among the last ten states that have not yet formally adopted the duty of technological competence. The COVID-19 pandemic forced …


Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) In Fy2022, Madhawa Palihapitiya, David Sulewski, Karina Zeferino, Jarling Ho Mar 2023

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) In Fy2022, Madhawa Palihapitiya, David Sulewski, Karina Zeferino, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents findings and recommendations from an evaluation of the Massachusetts Housing Mediation Program (HMP) administered by the MA Office of Public Collaboration (MOPC) at the University of Massachusetts Boston in partnership with 11 Community Mediation Centers (Centers). The program is funded by the Commonwealth of Massachusetts and implemented in partnership with the Department of Housing and Community Development (DHCD). The program was initially part of the Governor’s Eviction Diversion Initiative (EDI), which ended in the latter half of FY2022 and is continuing as an intervention to support housing stability. The evaluation was conducted by MOPC’s research unit comprised …


Community Justice Services: Models From Around The World, Lisa Moore Mar 2023

Community Justice Services: Models From Around The World, Lisa Moore

Canadian Forum on Civil Justice

This document examines community justice services. It highlights approaches and models for local justice outreach and legal assistance effectuated by organizations around the world. The organizations profiled in this document all provide legal assistance in some form to underserved, underprivileged, vulnerable, and/or marginalized populations. In many cases, geographic location is an important factor determining who can access legal help, but it is not the only factor or necessarily a prerequisite. Across the diverse community justice services included in this document, legal assistance is provided virtually, in-person, by phone, or in hybrid formats to individuals living within or beyond a given …


Book Review: Data Cartels: The Companies That Control And Monopolize Our Information, Edward Junhao Lim Mar 2023

Book Review: Data Cartels: The Companies That Control And Monopolize Our Information, Edward Junhao Lim

Published Works

No abstract provided.


Unauthorized Practice Of Law Issues For Banking Lawyers, David J. Burge Mar 2023

Unauthorized Practice Of Law Issues For Banking Lawyers, David J. Burge

North Carolina Banking Institute

No abstract provided.


Strengths And Opportunities For Sustainability, Ab Currie Mar 2023

Strengths And Opportunities For Sustainability, Ab Currie

Canadian Forum on Civil Justice

At the mid-point of this three-year pilot project, the evidence suggests that the Mobile Rural Law Van is accomplishing its primary objective of better meeting the needs of people in rural Wellington County and North Halton. Is the success after two summers and one winter of operation sustainable? Sustainability is about more than just money, more than cost and about cost per person served. Sustainability depends on how the project operates and how it is connected with the community being served. This paper identifies the non-monetary factors that make the Law Van project sustainable, suggesting adjustments that might be made …


Why State Courts Should Authorize Nonlawyers To Practice Law, Bruce A. Green Mar 2023

Why State Courts Should Authorize Nonlawyers To Practice Law, Bruce A. Green

Fordham Law Review

The unauthorized practice of law (“UPL”) is a crime in most states. Many scholars have criticized UPL laws as unnecessary impediments to low-income individuals’ ability to obtain legal help. Meanwhile, courts often defend these laws by analogizing the dangers posed by unlicensed legal practice to those posed by unlicensed medical practice. Chronicling two notable UPL suits to illustrate how nonlawyers may help low-income individuals seeking legal assistance and arguing that comparison to the medical profession in many ways favors liberalizing UPL enforcement, Professor Bruce Green concludes that state courts should allow nonlawyers greater freedom to provide legal assistance.


Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow Mar 2023

Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow

Articles & Book Chapters

Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth of dispute resolution, legal process, professional responsibility, and access to justice materials available – this bibliography includes a brief sampling of available readings that may be of interest to those studying, practicing, or thinking about dispute resolution.


Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu Mar 2023

Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu

Marquette Law Review

The tax preparer industry is unusual in that it involves the interpretation of an intricate and complicated tax code, but imposes no minimum requirements of competency because the industry is largely unregulated. A study by the Government Accountability Office (GAO) indicated that unregulated tax preparers commit significantly higher error rates and, based in part on that study’s findings, the Internal Revenue Service (IRS) attempted to regulate the tax preparer industry nationwide under the Registered Tax Return Preparer (RTRP) regime. This RTRP program was invalidated in Loving v. IRS, however, leaving the industry largely unregulated, except in the small minority …


Creating A Resource Map With Google My Maps, University Of Montana Rural Institute Mar 2023

Creating A Resource Map With Google My Maps, University Of Montana Rural Institute

Independent Living and Community Participation

RTC:Rural researchers provide a step-by-step tutorial for creating a community living resource map using Google My Maps.


Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones Mar 2023

Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


The Heirs' Property Dilemma: How Stronger Federal Policies Can Help Narrow The Racial Wealth Gap, Kendall B. Bargeman Mar 2023

The Heirs' Property Dilemma: How Stronger Federal Policies Can Help Narrow The Racial Wealth Gap, Kendall B. Bargeman

North Carolina Banking Institute

No abstract provided.


El Leñador, March 2023, El Leñador Staff Mar 2023

El Leñador, March 2023, El Leñador Staff

El Leñador Newspaper

El Leñador is an English and Spanish newspaper produced by Humboldt State University students. Our staff cover and provide news to Latinx and other diverse communities on campus and in Humboldt County. We are committed to providing relevant news and expanding the representations and stories told about people of color and other marginalized groups. Our work helps create more social, political and cultural diversity in local media.

El Leñador es un periodico en español y inglés producido por estudiantes de la Universidad Estatal de Humboldt. Nuestro personal cubre y provee noticias a la comunidad Latinx y otras comunidades diversas en …


Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus A. Gadson Mar 2023

Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus A. Gadson

Washington Law Review

Civil procedure is one of the biggest hurdles to access to justice. An array of rules and interpretations of those rules have turned lawsuits into meandering mazes with a procedural minotaur waiting to gobble up meritorious claims. The problem is especially acute for the many Americans without abundant resources or access to a lawyer. Fortunately, there is a ready remedy, albeit one access to justice advocates have ignored: state constitutions. Forty state constitutions, which protect hundreds of millions of Americans, generally guarantee “[t]hat all courts shall be open, and every person, for an injury done him in his person, property …


Investing In Rural Mental Health: An Approach To Increasing Access To Mental Health Professionals And Services, Corey Jeries-Bardon, Paige Peterson, Paige Pittmann, Makena Roeker Mar 2023

Investing In Rural Mental Health: An Approach To Increasing Access To Mental Health Professionals And Services, Corey Jeries-Bardon, Paige Peterson, Paige Pittmann, Makena Roeker

Master of Social Work Student Policy Advocacy Briefs

Farmers and rural residents in greater Minnesota are often overlooked relating to mental health services. Minnesota needs to focus on an approach to increase accessible mental health services in rural communities. The model for delivering mental health services has often been a one-size-fits-all approach without understanding the unique barriers, cultures, and strengths rural communities offer.


Beyond Legal Deserts: Access To Counsel For Immigrants Facing Removal, Emily Ryo, Reed Humphrey Mar 2023

Beyond Legal Deserts: Access To Counsel For Immigrants Facing Removal, Emily Ryo, Reed Humphrey

North Carolina Law Review

No abstract provided.


The Shape Of A Life: Deborah L. Rhode In Memoriam, David Luban Mar 2023

The Shape Of A Life: Deborah L. Rhode In Memoriam, David Luban

Fordham Law Review

In this Essay honoring the life and work of Professor Deborah Rhode, Professor David Luban examines Professor Rhode's moral sensibility, which runs through all her writings, and situates this sensibility on a map of moral theories.


Chicken Or Egg: Diversity And Innovation In The Corporate Legal Marketplace, Michele Destefano Mar 2023

Chicken Or Egg: Diversity And Innovation In The Corporate Legal Marketplace, Michele Destefano

Fordham Law Review

Although their bank accounts might suggest otherwise, these are not the best of times for lawyers who work in the corporate legal marketplace. Instead, the trouble with lawyers in the corporate legal marketplace is that they are failing to answer two calls to action made by corporate clients, both of which are of great magnitude and importance for the future of the profession. The first call to action is one that Professor Deborah L. Rhode focused a lot of her scholarship on: the call to enhance diversity, equity, and inclusion (DE&I) in the profession. The second call to action is …


Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons, Benjamin H. Barton Mar 2023

Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons, Benjamin H. Barton

Fordham Law Review

In this Essay, Professor Benjamin H. Barton offers a heartfelt tribute to the late legal scholar, Professor Deborah L. Rhode. Professor Barton reflects on Rhode’s prolific career, which spanned areas including legal ethics, feminism and women in the law, and lawyers as leaders. He also examines Rhode’s later works, which delved into more personal topics such as character, ambition, and legacy. Through personal anecdotes and life lessons, Professor Barton honors Rhode’s legacy as a model academic, mentor, and transformative force in the legal profession.


“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman Mar 2023

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …


Reflecting On Fifty Years Of Southern Illinois University School Of Law: Training Lawyers For The Twenty-First Century While Staying True To Its Origin, Camille M. Davidson Mar 2023

Reflecting On Fifty Years Of Southern Illinois University School Of Law: Training Lawyers For The Twenty-First Century While Staying True To Its Origin, Camille M. Davidson

Southern Illinois University Law Journal

No abstract provided.


The First Fifty Years Of Siu Law: A Chronology Of Key Events, 1971 To 2023, Frank G. Houdek Mar 2023

The First Fifty Years Of Siu Law: A Chronology Of Key Events, 1971 To 2023, Frank G. Houdek

Southern Illinois University Law Journal

No abstract provided.


Work-Life Balance During The Covid-19 Pandemic: Insights From Extension Professionals, David C. Diehl, Glenn D. Israel, July D. Nelson, Sebastian Galindo Mar 2023

Work-Life Balance During The Covid-19 Pandemic: Insights From Extension Professionals, David C. Diehl, Glenn D. Israel, July D. Nelson, Sebastian Galindo

Journal of Human Sciences and Extension

Using a retrospective post-then-pre design, we asked Extension professionals to reflect on their work-life balance before and during the COVID-19 pandemic. The objectives were to assess whether work-life balance variables (work interference with personal life, personal life interference with work, and work-personal life enhancement) changed from before to during the pandemic, whether any changes in work-life balance were concentrated in households with parents who had caregiving responsibilities, and whether changes in any of these work-life balance variables were associated with respondents’ gender, marital status, or work location. Findings indicated that (1) personal life interference with work significantly increased and work-personal …


Rhode Was Right (About Character And Fitness), Leslie C. Levin Mar 2023

Rhode Was Right (About Character And Fitness), Leslie C. Levin

Fordham Law Review

In this Essay, Professor Leslie C. Levin revives Professor Deborah L. Rhode’s forty-year-old critique of the character and fitness process and shows that not much has changed. Levin exposes the process’s core problems, including the lack of public information available about character and fitness decisions, the process’s subjectivity, the disconnect between information sought and future lawyer misconduct, and the deterrent effect on individuals considering a legal career. Levin proposes that task forces reexamine problematic application questions, such as those targeting decriminalized conduct and mental health, and push for more transparency and disclosure.


Advance Care Planning Is Critical To Overall Wellbeing, Barbara Zabawa Mar 2023

Advance Care Planning Is Critical To Overall Wellbeing, Barbara Zabawa

Faculty Works

Wellness is growing market in the United States. McKinsey and Company estimates the spend on wellness products and services to exceed $450 billion in the United States and to grow at more than five percent annually.1 Despite this impressive growth, wellness products and services are falling short of meeting many consumers’ wellness needs.2 Those who feel least satisfied with what wellness has to offer yearn for a more holistic approach to wellness, with a need for more products and services that address sleep and mindfulness concerns.3 Arguably at the heart of these more holistic approaches, particularly those …


Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith Mar 2023

Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith

Articles

The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …


Eight Deans, One Mission: Serving The Public Good, Peter C. Alexander Mar 2023

Eight Deans, One Mission: Serving The Public Good, Peter C. Alexander

Southern Illinois University Law Journal

No abstract provided.


The Domestic Violence Clinic: A History Of Teaching And Service, Sheila Simon Mar 2023

The Domestic Violence Clinic: A History Of Teaching And Service, Sheila Simon

Southern Illinois University Law Journal

No abstract provided.