Digital Commons Network^™

Advancing Immigrant Legal Representation: The Next Fifteen Years, Muzaffar Chishti, Charles Kamasaki, Laura Vasquez

Fordham Law Review

As a judge on the U.S. Court of Appeals for the Second Circuit, Robert A. Katzmann found that immigration matters represented a severe and growing bottleneck of the cases at the court. Instead of treating this phenomenon purely as a case management problem, he chose to delve deeper to understand the underlying cause for the high level of appeals from immigration agency determinations. Judge Katzmann concluded that lack of effective counsel was a major factor, and he turned that understanding into a cause. In his 2007 clarion call, he implored the enlightened members of the legal community to rise to …

A Phenomenological Study: Examining Resilience In Native American Women Who Witnessed Domestic Violence In Childhood And Experienced Domestic Violence In Adulthood, Arial Swallow

Dissertations and Theses

Domestic violence has significant acute and long-lasting harmful effects on the well-being of women from all backgrounds with higher rates of psychological effects in ethnic minority populations. Native American women experience domestic violence at disproportionate rates and face unique barriers in overcoming challenges of healing from domestic violence. Even though the impact of domestic violence in children and adults is well-studied, research in rural and Native American populations is scarce. Women who have witnessed or experienced domestic violence in childhood have identified challenges and strengths and developed coping strategies to help them endure and adapt to surviving domestic violence in …

The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry

Seattle University Law Review

If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …

Annual Report Of The Selectmen/Auditors, Town Clerk/Tax Collector, Town Treasurer, Road Agent/Trustees Of The Trust Funds, Trustees Of The Library, Planning Board, Police And Fire Departments, Board Of Education, Town Of Hampstead, New Hampshire For The Year Ending December 31, 2022, Together With The Vital Statistics For The Year As Prepared By The Town Clerk, Hampstead Town Representatives

Hampstead, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Cumulative Senate Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan

Articles

Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, …

How Privilege Undermines Cybersecurity, Daniel Schwarcz

Articles

In recent years, cyberattacks have cost firms countless billions of dollars, undermined consumer privacy, distorted world geopolitics, and even resulted in death and bodily harm. Rapidly accelerating cyberattacks have not, however, been bad news for many lawyers. On the contrary, lawyers that specialize in coordinating all elements of victims’ incident-response efforts are increasingly in demand. Lawyers’ dominant role in cyber-incident response is driven in part by their purported capacity to ensure that information produced during the breach response process remains confidential, particularly in any subsequent lawsuit. By interposing themselves between their clients and any third party consultants involved in incident …

Ai Tools For Lawyers: A Practical Guide, Daniel Schwarcz

Articles

This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is widely available at the time of this writing—it emphasizes that lawyers can use traditional legal skills to refine and verify LLM legal analysis. In the process, lawyers and law students can effectively turn freely available LLMs into highly productive personal legal assistants.

States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan H. Caminker

Loyola University Chicago Law Journal

Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …

“Silly Anecdotes”: From White Baselines To White Juries In R. V. Chouhan, Joshua Sealy-Harrington

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by judges govern their legal analysis. It begins with a summary of the background in Chouhan: the issue before the Court (the abolition of peremptory challenges) and how the judgment resolved that issue by constitutionally vindicating the impartiality of systemically white juries (an unfortunate continuation of the Court’s widely critiqued judgment in Kokopenace). Then, the paper analyzes Chouhan through the lens of baselines. First, the paper uses Chouhan to describe what …

The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe

The Rural Educator

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school attorneys representing multiple school districts in rural areas. Three salient themes emerged (a) the work of a school attorney, (b) relationships and interactions with school personnel, and (c) insights for others. Themes provide a comprehensive picture regarding school attorneys’ roles, responsibilities, and engagements with school personnel within rural schools. Implications, including the importance …

Volume 47 (2023), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Preparing For The Crypto Winter: Complexities In Cryptocurrency Exchange Insolvencies, Roula Khairalla

Canada-United States Law Journal

No abstract provided.

Maintaining Due Process By Extending Bristol-Myers Squibb Co. To Federal Class Actions, Felicia D. Sych

American University Law Review

In 2017, the U.S. Supreme Court issued its seminal decision in Bristol Myers Squibb Co. v. Superior Court of California, subsequently altering the scope of personal jurisdiction and further narrowing its interpretation of specific jurisdiction. Bristol-Myers Squibb Co. held that a state court can only assert specific personal jurisdiction over a defendant when there is a meaningful nexus between the forum state and the claims at issue. The Court purposefully refrained from deciding whether its holding applies to federal courts adjudicating federal class actions. After denying a petition for writ of certiorari to resolve the issue in 2021, the question …

Table Of Contents, Chicago-Kent Law Revew

Chicago-Kent Law Review

No abstract provided.

Year In Review, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2023

Meeting proceedings of a seminar by the same name, held December 14-15, 2023.

2023 Advanced Worker's Compensation, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2023

Meeting proceedings of a seminar by the same name, held March 22, 2023.

Adult Guardianship Training, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2023

Meeting proceedings of a seminar by the same name, held December 1, 2023.

Advanced Elder Law, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2023

Meeting proceedings of a seminar by the same name, held August 11-12, 2023.

2023 Elder Law Institute, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2023

Meeting proceedings of a seminar by the same name, held October 5-6, 2023.

Built For Business: The Commercial Need For Aggregate Litigation, Jack Zarin-Rosenfeld

Connecticut Law Review

Commercial actors long have argued that class actions are bad for business. But for even longer, business groups have supported other types of aggregate litigation that closely resemble class actions, such as expansive federal bankruptcy. While critics have successfully limited national aggregation via class actions, they have not even attempted to criticize aggregation via bankruptcy.

Why have business groups attacked aggregate litigation in some cases and supported it in others? This Article provides an answer by examining aggregation’s origins and development, and what emerges, it turns out, is very much the opposite of what aggregation’s pro-business critics would have us …

Preventing Eviction And Housing Loss: Taking Advantage Of A One Health Approach And The Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, Paul Locke

Journal of Health Care Law and Policy

No abstract provided.

Breaking Free From “Crime-Free”: State-Level Responses To Harmful Housing Ordinances, Jenna Prochaska

UIC Law Open Access Faculty Scholarship

No abstract provided.

Visiting Judges, Pamela K. Bookman, Alyssa S. King

Faculty Scholarship

No abstract provided.

Civil Justice At The Crossroads: Should Courts Authorize Nonlawyers To Practice Law?, Bruce A. Green

Faculty Scholarship

No abstract provided.

Nomad Gallery, Maria Paula Suárez, Renata Ribeiro

MA Projects

NOMAD Gallery is a flash retailing business model that will seek to attract consumers with discretionary spending power but are unfamiliar with highly curated art experiences. Despite its size, the art market today is not easily accessible to younger generations, as it possesses several structural barriers to access (such as the need to know and develop relationships with Art galleries and curators). NOMAD Gallery’s value proposition is anchored on sharing culture and democratizing the access to art through playful and interactive pop-up galleries that exhibit artists from around the world in different seasonal settings and structured such that it provides …

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

Articles

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 …

Challenging Myths And Stereotypes In Domestic Violence Cases, Jennifer Koshan

Canadian Journal of Family Law

Survivors of domestic violence, who are disproportionately women, face numerous myths and stereotypes about the veracity, nature, and extent of violence they and their children experience. In legal disputes, they encounter allegations that they have lied about or exaggerated domestic violence out of vengeance, jealousy, or to gain an advantage in family law proceedings; that their partners are victims too; that abuse ends at separation or is irrelevant unless it is physical; and that it has no impact on children or only matters if it does. Although scholars and activists have revealed how these allegations are tainted by false and …

“This Isn’T Justice”: Abused Women Navigate Family Law In Greater Vancouver, Wendy Chan, Rebecca Lennox

Canadian Journal of Family Law

With the implementation of the Family Law Act in 2013, the family legal system in British Columbia saw a series of progressive reforms. These include the recognition of emotional, psychological, and financial control as family violence, a new protection order process to replace the limited restraining orders formerly available to abuse victims, a mandate that courts consider how exposure to family violence impacts children, and minimum mandatory training standards for family dispute resolution professionals. While there has been a great deal of legal commentary on these new provisions, there is a paucity of scholarly research documenting the experiences of frontline …

About The Authors

Seattle Journal for Social Justice

No abstract provided.