Digital Commons Network^™

Just And Equitable, But Not Practicable: The Problems Of A Loosely Factored Spousal Support Framework In Oregon And Potential Solutions, Aime Lee Ohlmann

Lewis & Clark Law Review

Spousal support in Oregon, as in many states, is based upon a loosely factored framework that allows wide judicial discretion and limited predictability for practitioners. This makes routine settlement of the issue of spousal support challenging and increases litigation. Many states and organizations have developed frameworks for spousal support “calculators” or “formulas” that provide more predictable and consistent results for families and practitioners and better meets the established goals of spousal support. This Note explores the problems of a loosely factored framework, what solutions exist in other states, and what solutions may be implemented in Oregon.

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

Lewis & Clark Law Review

Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)—local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at achieving their stated goal of increasing community safety, and there is significant evidence that they harm Black and Latinx communities, survivors of domestic violence, individuals with disabilities, and low-income tenants and communities more broadly. Despite more than a decade of legal advocacy successfully challenging CFNOs using a range of legal …

Black Boarding Academies As A Prudential Reparation: Finis Origine Pendet, Roy L. Brooks

Faculty Scholarship

With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (“Black Reparations”) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil rights society. Reparatory strategies typically target the norms and structures that sustain racial disadvantage wrought by slavery and Jim Crow. The goal of such transitional reparations is to extinguish the menace of white supremacy and systemic racism across the board. Restructuring in housing, education, employment, voting, law enforcement, health care, and the environment—social transformation—is absolutely needed in the …

Ethical Lawyering: The Role Of Honor, Conscience, And Codes (Reviewing Michael S. Ariens, The Lawyer’S Conscience: A History Of American Lawyer Ethics), Vincent R. Johnson

Faculty Articles

Michael Ariens’ new book, The Lawyer’s Conscience: A History of American Lawyer Ethics, is a monumental work, rooted in his decades of excellent scholarship in the fields of attorney professional responsibility and legal history. The Lawyer’s Conscience captures the great sweep and key features of the roughly 250-year period in American legal ethics running from colonial times to the present day. Richly detailed and vividly presented, the story takes the reader on a grand tour of the landmark events and changing ideas that have defined the aspirations, responsibilities, and accountability of members of the American legal profession.

2023 Commencement Program, New York Law School

Commencement Programs

No abstract provided.

All Aboard? Missouri Statute Risks Failing To Protect Consumers From Hidden Fees And Deceptive Practices Of Prominent Companies, Ethan E. Schroeder

Missouri Law Review

At some point, every consumer has bought something and then found themselves surprised by the hidden fees and countless documents that must be signed as part of the purchase. It may even lead to some level of buyer’s remorse. However, it is not often that buyer’s remorse gives rise to a class action lawsuit brought by over 100,000 consumers against an affiliate of one of Missouri’s largest private corporations. Consumers, such as Robert and Janet McKeage, are often forced to choose between holding retailers accountable for their deceitful practices or paying increased transaction costs when dealing with Missouri retailers. With …

An Intersectional Examination Of U.S. Civil Justice Problems, Kathryne M. Young, Katie Billings

GW Law Faculty Publications & Other Works

Millions of Americans face civil justice problems each year, and most of these problems never make it to court, let alone to a legal expert. Although research has established that race and class are associated with a person’s chance of experiencing a civil justice problem, detailed intersectional examinations of everyday people’s justice experiences are largely absent. A more in-depth empirical understanding of the access to justice crisis can equip lawyers, policymakers, and other designers of justice interventions to create higher-impact, more efficient, and better- targeted programs to meet the justice needs of everyday people.

This Article fills a critical gap …

Hoge V. Google, Central District Of California

Historical and Topical Legal Documents

No abstract provided.

Daniels V. Alphabet, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Privacy For Student-Patients: A Call To Action, Stacey A. Tovino

Emory Law Journal

Consider a law student who has a mental or reproductive health issue that the student wishes to keep private. If the student seeks care at an off-campus health clinic that is not affiliated with the student’s law school or university, the student typically has a number of federally enforceable privacy rights. For example, the federal HIPAA Privacy Rule will typically apply and prohibit the clinic from disclosing the student’s protected health information to professors, parents, and other third parties without the student’s prior written authorization. The law student also will have the right to receive a notice of privacy practices, …

Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle

Faculty Publications & Other Works

Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how …

Gaping Gaps In The History Of The Independent State Legislature Doctrine: Mcpherson V. Blacker, Usurpation, And The Right Of The People To Choose Their President, Mark Bonhorst, Michael W. Fitzgerald, Aviam Soifer

Mitchell Hamline Law Review

The so-called independent state legislature doctrine was the jurisprudential heart of the effort by former President Trump and allies to overturn the 2020 presidential election and was featured in the briefs for Texas v. Pennsylvania. The idea that state legislatures might have power to intervene against the popular vote for the electoral college helped animate the attack on the Capitol on January 6, 2021. Frighteningly, at the very end of the 2021 Term, the Supreme Court accepted review of a North Carolina case—Moore v. Harper—in which Republican Party legislators invoked the independent state legislature doctrine to contend that state legislators …

Protecting American Blood From "Alien Contamination": Should Strict Scrutiny Apply To The Racist Roots Of 8 U.S.C. § 1326? United States V. Carrillo-Lopez, 555 F. Supp. 3d 996 (D. Nev. 2021), Brenda Pfahnl

Mitchell Hamline Law Review

No abstract provided.

The Potential To Increase Efficiency In Immigration Courts Through Broader Prosecutorial Discretion As Exemplified By The Mayorkas And Doyle Memos, Sara Glesne

Mitchell Hamline Law Review

No abstract provided.

Family Law, Joanna L. Grossman, Christine P. Leatherberry

SMU Annual Texas Survey

More than 300,000 new family law cases were filed in Texas in 2022; more than a third of those were divorces (and there were more divorces in Texas than in any other state). Tens of thousands of children live in households that are involved in family court proceedings in any given year. Family law remains one of the areas with the greatest unmet legal need—more than half of litigants are pro se in cases with enormous stakes. The work of lawyers, judges, and other professionals in this area should not be underestimated. In this Article, we will try to lighten …

Reformation Of Will Statutes And The Legality Of Ewills, Kareem A. Elsheryie

Student Works

No abstract provided.

Tshlf And Tshl Memorandum Of Understanding And 2025-2023 Roster Foundation Board Of Directors For The Texas Silver-Haired Legislature Foundation, Texas Silver-Haired Legislature

Texas Silver-Haired Legislature

Memorandum of Understanding between the Texas Silver-Haired Legislature and the Texas Silver-Haired Legislature Foundation dated during the 20th TSHL Legislative Session and the 2025-2023 Rosters Foundation Board of Directors for the Texas Silver-Haired Legislatures Foundation.

Race And Entrepreneurship: Reclaiming Narratives, Priya Baskaran, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

This essay makes the case for engaging in counter-narratives and inclusive storytelling within the transactional clinic curriculum. The authors leverage lessons from Critical Race Theory to amplify the voices and experiences of underrepresented entrepreneurs and marginalized communities in both clinic seminar and selected casework. In doing so, we challenge hegemonic narratives of entrepreneurship and expose our law students to the presence and impact of interlocking systems of subordination that minimize the existence and contributions of entrepreneurs of color. We challenge our law students and ourselves to become more creative and thoughtful lawyers to a more inclusive and diverse set of …

Producing Procedural Inequality Through The Empirical Turn, Danya Shocair Reda

University of Colorado Law Review

Procedural rulemaking and scholarship have taken an empirical turn in the past three decades. This empirical turn reflects a surprising consensus in what is otherwise a highly divided field and an inherently adversarial system. Because procedural rules distribute legal power in society, they invariably raise questions about who should have access to courts, information, and the means to defend one's legal rights. While debate rages about these normative commitments, procedure has developed a surprising epistemic agreement on empiricism, with its promise of rising above these competing interests with data. In procedure, the turn toward empiricism has become a strategy for …

Clients And Lawyers Unite: The Dysfunction Of Law Firm Teams Need A Cure, Joseph Regalia, David Wallace

Scholarly Works

Attorneys and clients have made clear: Dysfunctional law firm teams are not working. Gone are the days when lawyers had to quietly endure poor management, poor planning, and all-around poor work dynamics. Growing pressure on lawyers to get more efficient and produce more value—and a welcome focus on lawyer wellbeing—means that law firms can no longer ignore their responsibility to cultivate better workplaces.

It is no secret that law firm lawyers consistently rank as among the least happy workers in the world. And team dynamics—how attorneys and other legal professionals work together—may be a bigger piece of that puzzle than …

Reimagining “Reasonableness” Under Section 330(A) In A World Of Technology, Data, And Artificial Intelligence, Nancy B. Rapoport, Joseph R. Tiano Jr.

Scholarly Works

Transformations in the legal industry’s supply chain caused by legal technology and innovative service delivery models have triggered the need for courts to reimagine how to assess the reasonableness of legal fees under 11 U.S.C. § 330. In nearly every other industry, when there are changes or fluctuations in supply chain costs, it is typical for the market price paid by end-users or consumers to fluctuate as well. Market forces organically dictate the reasonableness of the market prices in light of current production cost and demand. In contrast, the legal industry hasn’t kept up with a unified, market-driven supply cost …

Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones

Scholarly Works

This Article proposes expanding the legal academy's role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature's discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this …

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

Scholarly Works

No abstract provided.

Tribute To Professor James Moliterno, Patricia Roberts, Soledad Atienza, Eleanor Myers, Jim Heller, Gary Tamsitt, Neal Devins, Peter Čuroš, Maxim Tomoszek, Veronika Tomoszek, Pavol Žilinčík, Rongjie Lam, José M. De Areilza, Irina Lortkipanidze, Ján Mazúr, Javier Guillen, Lucia Berdisová, James Étienne Viator

Washington and Lee Law Review

A tribute to Professor James Moliterno, who served on the faculty of the Washington and Lee University School of Law from 2009 to 2022. An internationally active scholar of legal and judicial ethics, Moliterno was most recently the Vincent Bradford Professor of Law. For 21 years prior to joining W&L, he was a member of the faculty of the William & Mary Law School.

Judicial Discretion Within The Florida Probate Field: Guiding Judges To Find The Proper Balance Between Upholding Attorneys' Fees And Maintaining The Interests Of The Client, Natalie Owchariw

Nova Law Review

No abstract provided.

Leveraging Academic-Medical Legal Partnerships To Advance Health Justice, Vicki W. Girard, Yael Cannon, Deborah F. Perry, Eileen S. Moore

Georgetown Law Faculty Publications and Other Works

Unmet legal needs contribute to housing, income, and food insecurity, along with other conditions that harm health and drive health inequity. Addressing health injustice requires new tools for the next generations of lawyers, doctors, and other healthcare professionals. An interprofessional group of co-authors argue that law and medical schools and other university partners should develop and cultivate Academic Medical-Legal Partnerships (A-MLPs), which are uniquely positioned to leverage service, education, and research resources, to advance health justice.

Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy

Case Western Reserve Journal of International Law

No abstract provided.

The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors, Assia Serrano, Nathan Yaffe

City University of New York Law Review

This piece explores how New York’s Domestic Violence Survivors Justice Act (“DVSJA”), a law meant to grant freedom to criminalized survivors, plays out in practice for criminalized immigrant survivors. New York enacted the DVSJA to address the unjust, but common, harsh punishment of survivors for conduct that an abuser compels, coerces, or otherwise causes. When the court grants a survivor DVSJA relief, the material benefit is shortening that survivor’s sentence of incarceration.

However, for criminalized immigrant survivors, the DVSJA’s promise of freedom may amount to little more than a mirage because DVSJA relief does not expunge, vacate, or alter underlying …

Bot Article Xii Officers Of The University, Kettering University

Assurance Argument Evidence Files

No abstract provided.

Bot-Bylaws, Kettering University

Assurance Argument Evidence Files

No abstract provided.