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2024

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Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman Mar 2024

Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first significant legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline regime for federally appointed judges. This essay is a contextual analysis of Bill C-9. The authors begin by outlining a conceptual framework which identifies eight public law goods that can guide an assessment of a complaints and discipline system. They then locate Bill C-9 in a historical context by identifying a crisis of legitimacy that had overtaken the Canadian Judicial Council by the early …


Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz Mar 2024

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …


Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green Mar 2024

Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green

Fordham Law Review

There is a growing “access to justice” movement that is principally driven by lawyers and judges. It has multiple objectives. One such objective is to make state court proceedings fairer, more reliable, and more accessible. This is important because state courts have a significant impact on peoples’ lives. They are where family members lose custody of children, where property owners obtain permission to evict tenants, where creditors are empowered to repossess people’s cars or garnish their wages, and (in some jurisdictions) where judges send people to jail to compel them to pay judgments or fees that they cannot afford to …


Middle Georgia Justice—Closing The Justice Gap, William P. Adams, Amy Griffith Dever Mar 2024

Middle Georgia Justice—Closing The Justice Gap, William P. Adams, Amy Griffith Dever

Mercer Law Review

The justice gap in middle Georgia is large and causes harm to the entire community, not just the citizens denied access to meaningful legal remedies. Self‑represented litigants create problems for the courts by clogging the dockets and for themselves due to bad outcomes. The ideal of a lawyer representing every litigant is not obtainable. The substantial amount of unmet legal needs in our community easily overwhelms the limited availability of pro bono legal services. As a result, non‑profit agencies in Macon, Georgia such as Middle Georgia Justice, Georgia Legal Services Program, and Crisis Line & Safe House step up to …


Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes Mar 2024

Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes

Mercer Law Review

Hon. William Augustus Bootle, a 1925 graduate of Mercer Law School and 1924 graduate of Mercer University, penned of his alma mater, “[the] school was conceived in professionalism and dedicated to excellence.” Similarly, “Altruism, not the promotion of selfish aims, has been the inspiration of the [Georgia Bar] Association throughout its entire history.” As noted by Judge Bootle, Mercer Law School’s legacy of service to the profession began long before the establishment of the State Bar of Georgia as we know it today.

Today, Mercer Law School remains dedicated to serving the legal profession. This commitment to serve and devote …


Alumni Voices: Insights From International Graduates Of Uk Education, Sladana Krstic, Alexander Towne Mar 2024

Alumni Voices: Insights From International Graduates Of Uk Education, Sladana Krstic, Alexander Towne

ACER UK

The British Council, in partnership with ACER, designed and developed a survey consisting of an online questionnaire and interviews, to gather information from international alumni systematically and periodically, with the purpose of building a valuable longitudinal dataset. This research report relates only to the first year of the survey. The long-term aim is to conduct this survey annually, for an initial period of five years. The longitudinal survey has the following three overriding objectives: • To gather evidence of the value of international education in the UK. This means value to the UK in terms of long-term relationships, business links, …


Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan Mar 2024

Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan

Faculty Scholarship

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …


Re-Examining Judicial Review Of Delegated Legislation, Kenny Chng Mar 2024

Re-Examining Judicial Review Of Delegated Legislation, Kenny Chng

Research Collection Yong Pung How School Of Law

The usage of delegated legislation as a means of governance deserves significant attention, in view of the enormous impact that it is capable of having on the lives of citizens. While reforms to the process of parliamentary scrutiny are an important means of minimising the inappropriate usage of delegated legislation, this paper explores the possibility of drawing more fruitfully upon judicial review as an additional control mechanism. It undertakes a theoretical analysis of what makes delegated legislation distinct from primary legislation and other types of executive action for the purposes of judicial review, with a view towards identifying the proper …


Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind Mar 2024

Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind

Vanderbilt Law Review

28 U.S.C. § 1407 allows for the centralization of unique cases into a single forum for pretrial purposes. The product is multidistrict litigation, known colloquially as the “MDL.” While initially conceived as a means of increasing efficiency for only particularly massive, complex litigation, MDLs have become pervasive. Today, over fifteen percent of all civil litigation—and fifty percent of all federal civil litigation—is consolidated into MDLs. Yet, MDLs are commonly overconsolidated, such that only one judge presides over hundreds, thousands, or even hundreds of thousands of individual cases at a time. Fewer than three percent of such cases return to their …


Vol.51 N.32 February 29th 2024, Voice Media Ventures Feb 2024

Vol.51 N.32 February 29th 2024, Voice Media Ventures

Black Voice News

No abstract provided.


Damion Davis V. Attorney General United States Feb 2024

Damion Davis V. Attorney General United States

2024 Decisions

Agency


State Bar Of California, Erol Kilic, Marcus Friedman Feb 2024

State Bar Of California, Erol Kilic, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Ndls Communicator: Week Of 02.26.24, Notre Dame Law School Feb 2024

Ndls Communicator: Week Of 02.26.24, Notre Dame Law School

NDLS Communicator

The Latest News

  • Notre Dame Law School awards endowed professorships to Paul Miller and Jeff Pojanowski
  • Professor Richard Garnett appointed to serve as a lay consultant on the USCCB's Committee for Religious Liberty
  • ND Law EJC director Jimmy Gurulé to address Consular Summit in Mexico City on wrongful convictions
  • ND Law students win asylum for families through immigration externship
  • Clinical Professor Emerita Judith Fox co-authors Eviction Court Watch Study
  • Sherif Girgis' article, "Living Traditionalism," was quoted in the New York Times to help interpret Justice Barrett's and Judge Newsom's takes on the Supreme Court's 'history-and-tradition' tests.
  • Emily Bremer's new paper, …


Ladan Realty Corp. V. Kercy Feb 2024

Ladan Realty Corp. V. Kercy

All Decisions

In this holdover proceeding concerning a rent-stabilized premises, the landlord sought to recover possession based on the tenant's alleged non-primary residence. The landlord served a Notice of Non-Renewal and Termination of Tenancy, terminating the tenancy due to the tenant's purported absence from the premises. However, the court found the notice defective, as it contained speculative and generic allegations without sufficient detail or evidence to support the claim of non-primary residence. The court dismissed the proceeding, granting the tenant's motion, and denied the landlord's motion to vacate the ERAP stay, ruling in favor of the tenant. Key legal points include the …


Study On The Rights Of Parties In Live-In Relationships In India - A Case Review Approach, Prabhavathi N Feb 2024

Study On The Rights Of Parties In Live-In Relationships In India - A Case Review Approach, Prabhavathi N

Theses and Dissertations

Heterosexual live-in relationship is viewed as a stigma in Indian society. However, through a plethora of judgments, the Apex Court of India granted monetary relief and physical protections to couples in live-in relationships. While so a few High Courts had refused to grant protection to the live-in couples by stating that giving such rights and protection would destroy the country's social fabric.

View of such High Courts reflects on the opinion that our Courts indeed have different ideas while granting reliefs to persons in live-in relationships. Catena of judicial decisions explained this relationship as a "walk in and walked out" …


Diversified Equities Llc V. Swint Feb 2024

Diversified Equities Llc V. Swint

All Decisions

Landlord initiated a holdover proceeding to evict tenant, claiming she was a mere licensee without succession rights after the death of the rent-stabilized tenant of record. Tenant argued she had succession rights as a long-term partner and caregiver of the deceased. The court found in favor of tenant, recognizing her family-like relationship and entitlement to the lease, thus dismissing the proceeding. Key legal points included the interpretation of family member succession rights under rent stabilization laws.


Vol.51 N.31 February 22nd 2024, Voice Media Ventures Feb 2024

Vol.51 N.31 February 22nd 2024, Voice Media Ventures

Black Voice News

No abstract provided.


Finance Committee Meeting - Open Session Book 02/22/2024, Uc Law Sf Feb 2024

Finance Committee Meeting - Open Session Book 02/22/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


Madison Edj Llc V. Clerveaux Feb 2024

Madison Edj Llc V. Clerveaux

All Decisions

In this non-payment proceeding, the tenant successfully invoked the MDL §302-a defense due to ongoing rent-impairing violations, including leaks and pest issues, that persisted for over six months. The court found that the landlord did not adequately address these conditions, thereby barring rent collection from September 2022 to January 2024. The tenant's counterclaims for habitability breaches were recognized, leading to the case dismissal and the order for the landlord to rectify existing HPD violations within specified timeframes.


The Link February 20, 2024, Access To Justice Institute Feb 2024

The Link February 20, 2024, Access To Justice Institute

The Link Newsletter

No abstract provided.


Unhcr Egypt's Impact On Refugees And Asylum Seekers: 2000-2020, Abdallah Bahar Feb 2024

Unhcr Egypt's Impact On Refugees And Asylum Seekers: 2000-2020, Abdallah Bahar

Theses and Dissertations

This thesis examines the shifts in UNHCR Egypt’s practice and policy and their impacts on refugees and asylum seekers in Egypt. It focuses on procedures of reception, registration, refugee status determination (RSD), and resettlement. It also examines the changes in services provided to refugees and asylum seekers, such as health care, education, residency permits, and future change. In addition, the study explores the major reasons for these shifts and whether they are stimulated by the global refugee regime or other factors such as domestic legislation. The thesis attempts to answer the following two questions: 1) what are the shifts in …


Novel Outreach: A Report Of Public Library Engagement Within Virginia Communities, Joy Doukas Feb 2024

Novel Outreach: A Report Of Public Library Engagement Within Virginia Communities, Joy Doukas

SLIS Connecting

This study seeks to showcase how Virginia Public Libraries have harnessed the power of innovative outreach to service populations traditionally resistant to library adoption. It examines concepts such as community partnerships, the library as a Third Place (Thiele & Klagge, 2020), and the increasing function of social services in the public libraries sphere. It highlights the evolution of modern public libraries from mere book repositories to thriving community centers for education and personal growth. Mining current website data, this study explores each of the 94 public library systems in Virginia websites, determining their reach throughout their communities to show what …


An In-Depth Analysis On Efficiency And Vulnerabilities On A Cloud-Based Searchable Symmetric Encryption Solution, Prithvi Chaudhari, Ji-Jian Chin, Soeheila Moesfa Bt Mohamad Feb 2024

An In-Depth Analysis On Efficiency And Vulnerabilities On A Cloud-Based Searchable Symmetric Encryption Solution, Prithvi Chaudhari, Ji-Jian Chin, Soeheila Moesfa Bt Mohamad

Journal of Informatics and Web Engineering

Searchable Symmetric Encryption (SSE) has come to be as an integral cryptographic approach in a world where digital privacy is essential. The capacity to search through encrypted data whilst maintaining its integrity meets the most important demand for security and confidentiality in a society that is increasingly dependent on cloud-based services and data storage. SSE offers efficient processing of queries over encrypted datasets, allowing entities to comply with data privacy rules while preserving database usability. Our research goes into this need, concentrating on the development and thorough testing of an SSE system based on Curtmola’s architecture and employing Advanced Encryption …


Decision In Art. 78 Proceeding - Wright, Thomas (2022-08-04) Feb 2024

Decision In Art. 78 Proceeding - Wright, Thomas (2022-08-04)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Elkady, Sherif (2023-05-02) Feb 2024

Decision In Art. 78 Proceeding - Elkady, Sherif (2023-05-02)

Decisions in Art. 78 Proceedings

No abstract provided.


Milbank And Cardozo’S Perlmutter Center Announce Partnership To Advance Criminal Justice Reform, Perlmutter Center For Legal Justice At Cardozo Law Feb 2024

Milbank And Cardozo’S Perlmutter Center Announce Partnership To Advance Criminal Justice Reform, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Milbank pledges $1M to establish the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law


The Military Justice Decrescendo, Dwight H. Sullivan Feb 2024

The Military Justice Decrescendo, Dwight H. Sullivan

Villanova Law Review (1956 - )

No abstract provided.


Nonjudicial Punishment, Franklin D. Rosenblatt Feb 2024

Nonjudicial Punishment, Franklin D. Rosenblatt

Villanova Law Review (1956 - )

No abstract provided.


The Irs Audits An Easy Target — The Poor, George Galan Feb 2024

The Irs Audits An Easy Target — The Poor, George Galan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

In 2018, Natassia Smick and her husband filed their income tax return showing earnings of about $33,000. They expected a refund, $2,000 of which is attributed to the Earned Income Tax Credit. The Earned Income Tax Credit (EITC) is a tax credit “for working people with low and moderate incomes. It boosts the incomes of workers paid low wages while offsetting federal payroll and income taxes.” The EITC aims to reduce poverty, and in 2018, the credit “lifted about 5.6 million people above the poverty line.” Smick, like many other families, relied on her tax refund to help pay her …


Military Justice And Modernity, Eugene R. Fidell, James A. Young Feb 2024

Military Justice And Modernity, Eugene R. Fidell, James A. Young

Villanova Law Review (1956 - )

No abstract provided.