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The Link October 15, 2024, Access To Justice Institute

The Link Newsletter

No abstract provided.

The Fiduciary Duty Of Combatting Global Climate Change, Sadie Mapstone

Washington and Lee Law Review Online

Ancient Roman Law codified the concept that there are certain resources that are so great and so important to human survival, that intuitively, no person should own them. Further, the government must protect these resources for the people. Today, this concept is known at the public trust doctrine. According to the contemporary doctrine, the seas, oceans, shores, and submerged lands cannot be privately owned, but shall be held in trust by the government for public use. Relying on the public trust doctrine, climate change litigants have brought a tirade of lawsuits—which have largely been unsuccessful—alleging that the government has a …

1334 B Llc V. Pritchard

All Decisions

In this holdover proceeding, the court sanctioned the landlord's attorneys for misconduct after they failed to conduct a reasonable inquiry into the tenant's status. The court found that the tenant had lived in the Rent Stabilized apartment for over 20 years and had received Section 8 benefits. The attorneys' actions, including false representations and inappropriate conduct, warranted financial penalties and a referral to the Grievance Committee.

Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill

Maine Law Review

Historically, the legal profession has considered the solicitation of business inappropriate. The profession has articulated this condemnation of solicitation, which developed as a principle of good taste among a small and homogeneous group of practitioners, in the form of specific rules prohibiting its members from engaging in certain forms of conduct. In recent years, the United States Supreme Court has considered various rules that restrict the commercial speech of lawyers. Reviewing these proscriptive rules, the Court struck down categorical bans on lawyer advertising and targeted, direct mail solicitation as violative of the first amendment. Because the free flow of information …

An Appreciation Of L. Kinvin Wroth, Vincent L. Mckusick

Maine Law Review

Kinvin Wroth is a man who sports many hats. After wearing his Dean's hat for twelve years with confidence and grace, Kinvin, at the end of the year, is taking off that hat and returning to wearing full-time his wide assortment of other headgear. He takes off his Dean's hat just after he reaches the age of 58, at the height of his productive powers of scholarship, teaching, and public service. For many years to come, we of the State of Maine will continue to benefit from his labors, performed under his many other hats. But the end of his …

Diverse Disconnectedness: Homophily, Social Capital Inequality, And Student Experiences In Law School, Anthony Paik, Swethaa Ballakrishnen, Carole Silver, Steven Boutcher, Tanya Rouleau Whitworth

Faculty Publications

Law school students are encouraged frequently to “network.” However, depending on demographic categories, they may have access to differently resourced social networks in law school. In this article, we draw from our mixed-methods research to explore this diversity of experience, its limitations of access, and the possible network inequalities that may limit the value of legal education to diverse students across different institutional contexts. Using survey and network data (N = 744), collected during the fall of 2019 from three law schools, as well as supplementary interview data (N = 55), we examined students’ social networks, the structures of these …

Diverse Disconnectedness: Homophily, Social Capital Inequality, And Student Experiences In Law School, Anthony Paik, Swethaa Ballakrishnen, Carole Silver, Steven Boutcher, Tanya Rouleau Whitworth

Faculty Publications

Law school students are encouraged frequently to “network.” However, depending on demographic categories, they may have access to differently resourced social networks in law school. In this article, we draw from our mixed-methods research to explore this diversity of experience, its limitations of access, and the possible network inequalities that may limit the value of legal education to diverse students across different institutional contexts. Using survey and network data (N = 744), collected during the fall of 2019 from three law schools, as well as supplementary interview data (N = 55), we examined students’ social networks, the structures of these …

Richarrd J. Spelts And Walter J. Boigegrain, Petitioners, V. Robert C. Klausing And The Committee For Economic Development And Tax Relief, Proponents, And The State Title Setting Review Boards, Respondents

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Park View Bay Llc. V. Morales

All Decisions

In this non-payment proceeding, the court corrected a prior error by granting Tenant's motion to reargue Judge Hahn's previous denial of the respondent's motion to dismiss. Upon reargument, this court dismissed the case based on the undisputed fact that no lease was in effect when the non-payment proceeding began, referencing Fairfield Beach 9th, LLC v. Shepard-Neely. Tenant Respondent argued that the petitioner sought rent for a period after the rent-stabilized lease had expired. While some First Department courts have indicated that a non-payment case could be maintained despite the absence of a lease at the time of commencement, Judge Tovar …

Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Jpmorgan Chase Bank, National Association V. Carrasquillo

All Decisions

In this post-foreclosure holdover proceeding, the court found the predicate notice defective due to the petitioner's failure to comply with the required 90-day notice under the Protection Tenants at Foreclosure Act (PTFA). The petitioner issued a conflicting notice that created ambiguity by presenting two timelines and then filed for eviction within two weeks, violating the notice's provisions. As a result, the court dismissed the case without prejudice, emphasizing that a defective notice cannot be amended.

Mandalay Leasing L.P. V. Andall

All Decisions

In this nuisance holdover proceeding, the landlord's claims of the tenant's alleged violent behavior toward staff were insufficient to establish a pattern of nuisance. The court found that the incidents described lacked the necessary specificity and did not demonstrate a sustained risk or significant harm, leading to the dismissal of the petition.

Bridging Boarders: Ngo Involvement With Moroccan Immigrants In Andalusia, Stephen Allgeier

Global Studies Senior Capstone

This paper examines the cultural, economic, and political barriers that legal and documented Moroccan immigrants experience throughout their assimilation journey and analyzes the various roles NGOs play to help them navigate these challenges to integration. Furthermore, it will attempt to explain the limitations that these NGOs encounter as well as offer suggestions to better their efforts in supporting Moroccan immigrants in Andalusia.

State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Amicus (Fall 2024), University Of Colorado Law School

Amicus

Issue at a Glance

• Spotlight on Colorado Law's legal clinics

Gold & Blue Law Edition, Fall 2024, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Fall 2024 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

2024-2025 Etsu General Academic Operating Budget (October), Budget And Financial Planning, East Tennessee State University

ETSU General Academic Operating Budgets and Analysis

No abstract provided.

Intimate Partner Violence: Access To Protection Beyond The Pandemic, Rachel J. Wechsler

Faculty Publications

Civil protection orders are the most common legal remedy victims pursue in response to intimate partner violence (IPV). They are more empowering for victims than the criminal legal system because victims themselves drive the process, instead of prosecutors, and they offer more flexible and tailored relief. This Article argues that victims should be able to choose how they file petitions and participate in civil protection order hearings, and that judges should be required to honor those preferences absent good cause. This conclusion is driven by two new, original sets of empirical data collected from IPV survivors who have sought civil …

Gold & Blue, Fall 2024, St. Mary's University - San Antonio, Texas

Gold & Blue

This is the Fall 2024 edition of Gold & Blue which is St. Mary's University's official school publication.

Itihas Vol. 24 Issue No. 4, Sastra Univ

ITIHAS

NEWSLETTER FROM SASTRA DEEMED UNIVERSITY

Producer Services: An Engine For High-Wage Job Growth, October 2024

Bureau of Business Research Publications

Producer Services: An Engine for High-Wage Job Growth from the Bureau of Business Research at the University of Nebraska, October 2024.

Client Confidentiality As Data Security, Jonah E. Perlin

Washington Law Review

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …

State Solutions To Human Trafficking: A Critical Backbone In Combating The Tragedy, Gabriella Weiss

Honors Theses

This honors thesis paper provides an overview of human trafficking in the United States and the states’ roles for addressing the problem. It starts off by describing the background behind human trafficking, including the typical victims, perpetrators, and the locations where victims are found. In order to better understand the context of state solutions, the next section describes the current federal government’s anti-human trafficking efforts as that is important to better understand state roles and responsibilities. This section includes the current enacted laws and legislatures, victim services, awareness programs, intelligence sharing and investigation agencies, and funding. The state section includes …

Law Schools Should Substantially Increase Instruction In Mediation Representation, John Lande

Faculty Publications

American law schools generally focus 10% or less of their mediation curriculum on mediation representation. As shown in a survey of faculty teaching mediation and an analysis of course syllabi in this article, most of the instruction focuses on the role of a mediator.

This is a problem for several reasons. New graduates represent clients in mediation much more frequently than they mediate. Clients usually need professional advice to evaluate their cases and develop strategies, which mediators cannot provide. This is precisely the important service that attorneys can provide, but we teach students very little about what to do when …

Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

The Shortseller Enrichment Commission? Whistleblowers, Activist Short Sellers, And The New Privatization Of Public Enforcement, Alexander I. Platt

Washington Law Review

Two developments have transformed the detection of corporate fraud in the last decade: the Securities and Exchange Commission’s Whistleblower Bounty Program (WBP) and the rise of activist short sellers. The WBP offers up financial bounties to individuals who bring forward actionable information about securities fraud. Activist shorts conduct due diligence to identify overvalued public companies, take short positions, reveal the negative information, and then enjoy trading profits if and when the stock tanks. Considered separately, these institutions are widely regarded as socially valuable innovations that help deter fraud.

But, it turns out, they are not fully separate. Activist shorts have …

The Future Of Work In The Era Of Ai, Orly Lobel

Indiana Law Journal

Artificial intelligence (AI) is revolutionizing both work itself and the processes of employment—hiring, recruitment, evaluation, compensation, performance analysis, retention, and job mobility. This Essay, based upon the 2024 Indiana Law Journal annual William R. Stewart Lecture, examines the effects of AI on work and argues for a holistic approach that harnesses the benefits of automation while addressing the inevitable systemic changes that AI is rapidly bringing to the labor market. The Essay examines two industries in which AI is already changing labor market demands: trucking and the performing arts. The Essay argues that while the automation can often increase efficiency …

New Governance And New Technologies: Creating A Regulatory Regime For The Use Of Generative Artificial Intelligence In The Courts, Raymond H. Brescia

North Carolina Journal of Law & Technology

No abstract provided.

Three's A Crowd: Addressing Discrimination Faced By Queer De Facto Parents In Child Custody Standing Proceedings, Shannon E. Callaghan

William & Mary Journal of Race, Gender, and Social Justice

In the United States, between five percent and eight percent of adults identify as queer, and as of 2020, fifteen percent of queer couples have children in their households. While recent legal victories have expanded queer rights, family law continues to lag in affording legal recognition to “nontraditional” families. This is particularly problematic for unmarried, queer co-parents who have virtually no legal claims to the children they have raised with their partners. Current standing requirements for custody proceedings treat these de facto parents as legal strangers to their children due to the absence of biological, marital, or adoptive ties. As …

Client Confidentiality As Data Security, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …