Digital Commons Network^™

Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo

Fordham Law Review

Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …

Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long

Washington and Lee Law Review

Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …

An Indecent Proposal? A Remedy For Those Damaged By Judicial Malpractice, Michael G. Cortina

Northern Illinois University Law Review

Judicial immunity in the United States primarily exists so that jurists can exercise their duties to the best of their abilities without the fear that they may be subjected to liability should they commit an error in judgment. While such immunity certainly has a proper and noble purpose, the unintended consequence of it is sometimes that those harmed by improper judicial rulings have no civil remedy despite being harmed by a judge’s malpractice. At the end of this paper, the author suggests a possible remedy for those harmed by a judge’s errant decision if that ruling cannot be cured on …

Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria

Cardozo Journal of Equal Rights & Social Justice

The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.

Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black

Suffolk University Law School Faculty Works

For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles …

Abolish The Mpre, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

In nearly every jurisdiction, applicants to the bar must pass the Multistate Professional Responsibility Examination (MPRE). Its purpose, according to its owner, the National Conference of Bar Examiners (NCBE), is “to measure candidates’ knowledge and understanding of established standards related to the professional conduct of lawyers.” It does test whether an examinee has kept in short-term memory the rules and exceptions that make up part of the understanding of what it means to serve as a lawyer. However, success (or initial failure) on the MPRE has not been correlated with ethical conduct or misconduct. For example, the Texas Board of …

The Impact The Monetary Value Of A Case Has On Effort And Productivity Within The Field Of Personal Injury, Maximiliano Elizondo

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• To preserve, protect and expand
• Road to victory
• Welcoming a legal luminary
• Scholarly Impacts and Recognitions
• Pro bono pathways
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

Sb14-24/25: Resolution Reformatting Fiscal Policy, Hogan O'Donnell

Senate Resolutions, 2007-Present

SB14-24/25: Resolution Reformatting ASUM Fiscal Policy.

A Fresh Look At Judicial Remedies In Eu Equality Law And Beyond: The Untapped Possibility Of Structural Injunctions., Daniel H. Halberstam, Sina Van Den Bogaert

Articles

This article proposes a shift in thinking about judicial remedies (or “sanctions”), from anti-discrimination law to equal pay and beyond.We suggest the currently preferred remedies – one-off declarations, compensation, fines, and simple orders to obey the law – may be insufficient when confronting a recalcitrant institution, complex violations, and broad, ongoing harm. In such cases, we suggest considering a remedy long overlooked in Europe: a “structural injunction”, i.e. ordering changes to an offending organization’s structure, processes, or rules. We argue that under certain circumstances, an injunction, including a structural injunction, may be appropriate or required under EU law to remedy …

A Controversial Provision: Should Federal Courts Allow Plaintiffs Under The Magnuson-Moss Warranty Act To Include Attorneys' Fees To Reach The Amount In Controversy Requirement?, John M. Blackwell Iii

Penn State Law Review (2003 - Present)

No abstract provided.

The False Promise Of Rescheduling, Robert A. Mikos

Vanderbilt Law School Faculty Publications

Over the past fifty years, marijuana advocates invested considerable effort trying to reschedule the drug under the Controlled Substances Act (CSA). Multiple times, they pe- titioned the Drug Enforcement Administration (DEA) to take marijuana off the highly re- strictive Schedule I and move it to one of the statute's less tightly regulated Schedules (II- V) or even deschedule the drug altogether. Along the way, they waged protracted legal battles with the agency over the tests and processes it uses for scheduling decisions. How- ever, advocates had very little to show for all their efforts. The DEA rejected every petition to …

The Link October 1, 2024, Access To Justice Institute

The Link Newsletter

No abstract provided.

Emergency Powers For Good, Elena Chachko, Katerina Linos

William & Mary Law Review

Emergency powers are widely, and justly, criticized as threats to the rule of law. In the United States, forty-three declared emergencies give the executive vast authority to exercise power unencumbered by standard legal and procedural requirements. A long tradition of executive use of emergency powers to erode civil liberties amplifies fears of executive overreach.

Yet this, we argue, is only part of the picture. We examine how emergency powers can be used for good. We argue that under certain limited conditions, political actors can legitimately invoke emergency powers to transform public policy. In addition to widely accepted requirements of crisis …

The Lawyer: Fall 2024, Seattle University School Of Law

Lawyer

No abstract provided.

Dentistry And The Law: Update On The Ftc’S Rule Banning Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission's (FTC) Final Rule to ban most employee non-compete agreements, originally set to take effect on September 4, 2024, has been delayed due to ongoing litigation. Court decisions in Pennsylvania and Texas have resulted in conflicting rulings regarding the FTC's authority to enforce such a ban. A Pennsylvania district court upheld the FTC's power to regulate non-compete agreements, while a Texas court ruled against it, declaring the ban arbitrary and capricious. No appeals have been filed yet, and the issue remains unresolved, with potential appellate court decisions and the results of the presidential election likely influencing the …

Clinics And Emergencies, Elizabeth Keyes, Sabrina Balgamwalla

All Faculty Scholarship

Clinical programs—and the clinicians who run them—are regularly called upon to respond to emergency situations. These engagements can be rewarding, personally and professionally. But, as we know from our own work as immigration clinicians, emergency lawyering also presents pressure points for clinicians. Our hope in writing this article is to surface and critique the dynamics that arise when clinicians are called upon to engage in emergency work. Specifically, we aim to expand on the literature of clinics and emergency responses by reflecting on the ways in which emergency responses have drawn significant energy and time from clinicians, including ourselves. As …

The Advocate (Fall 2024), Lewis & Clark Law School

The Advocate

No abstract provided.

J Mich Dent Assoc October 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The October issue's key content includes:

• Clinical Feature on Endodontics and Vital Pulp Therapy
• Practice Management Feature with Tips on Surviving the Death of a Partner
• An update on Advocacy

#Arewametoo: Localized Resistance To The Abuse Of Women In Northern Nigeria, Ololade Afolabi, Hauwa Nuhu Shaffi

Journal of International Women's Studies

This article explores the development of the #ArewaMeToo movement in Northern Nigeria. The study is contextualized within the theory of transnational feminism to argue that digital practices among non-Western women are more than merely a technological advancement and are significantly attuned to the socio-political climate of their societies. Therefore, as the #MeToo movement which began in the West goes global, women in Northern Nigerian have found a space to effect social change by resisting socio-cultural practices that challenge their social agency. Using the interview method, we articulate the uniqueness of #ArewaMeToo as a movement that is rooted in specific sociocultural …

Consulting Ss, Inc. V. Faison

All Decisions

AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.

Consulting Ss, Inc. V. Gorham

All Decisions

AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.

Consulting Ss, Inc. V. Mckellar

All Decisions

AT2 consolidated three appeals by the same landlord, who sought to evict tenants from a basement apartment and two SRO units, claiming the building was a two-family dwelling and not rent-stabilized. Each tenant argued the building had seven residential units—one apartment and six SROs—making it subject to rent stabilization. The lower court agreed with the tenants, granting summary judgment due to the landlord's failure to serve required statutory termination notices. The Appellate Term affirmed, ruling that the building’s rent stabilization status depends on the units’ function as residences, regardless of their legality under a certificate of occupancy.

Vol.52 N.10 September 26th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

Mental Health During The Covid-19 Pandemic In Trinidad: An Analysis Of Depression, Anxiety, And Stress Among Essential Workers, Bernadette Marson, Gerard A. Hutchinson

Journal of Social, Behavioral, and Health Sciences

Research shows that some essential workers, such as healthcare workers, social workers, and first responders (including police officers, paramedics, and firefighters), are at greater risk for developing both short- and long-term mental health problems (Berger et al., 2012; Canady, 2022; Grey et al., 2020; Haugen et al., 2012; Mohamed et al., 2022; Petrie et al., 2018). The most prevalent of these include anxiety, depression, and stress, as well as other social and cognitive problems—with stress causing harmful effects on mental health and potentially resulting in anxiety and depression, which may then disrupt an individual’s social relationships, family life, and work. …

Vol.52 N.09 September 19th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

(Un)Necessary Evils?: Ethical And Emotional Conflicts For Social Change Lawyers In Canada, Marina Francesca Mckenzie

LLM Theses

This thesis concerns an exploratory study about “social change” lawyers in Canada. Based on qualitative interviews, I aim to provide a modest but in-depth examination of the experiences and practical challenges these lawyers face in their work and how they navigate them. I find their approaches are divided between external and internal, both of which are affected by lawyers’ positionalities and experiences. “External approaches” concern how they reconcile conflicts in their values and responsibilities to different groups—namely individuals, communities and social movements—with each other, and with their obligations to the legal profession. Meanwhile, “internal approaches” concern how they navigate conflicting …

2024.09.19 - Finance, Buildings And Grounds Committee Meeting Minutes, Northeastern Illinois University Board Of Trustees

Board of Trustees - 2024

Meeting materials for the NEIU Finance, Buildings and Grounds Committee

Wmdds Bulletin Spring 2021

West Michigan District Dental Society Bulletin

In the Spring 2021 issue, the reader will find the following feature articles:

• Be Part of the Solution: The Dental Needs of Refugee and Immigrant Youth
• Dentists Beyond the Chair: Monoskiing, Jeffrey Heinz, DDS, MSD

Also included are your monthly tripartite update, news from West Michigan counties, the President's Message and Editor's Letter.