Digital Commons Network^™

Contingent Fee Conflicts: Attorneys Opt For Quick-Kill Settlements When Their Clients Would Be Better Off Going To Trial, Chryssa Deliganis, Steve Calandrillo, Neela Brocato

Faculty Articles

Despite the checkered history of contingency fees in the practice of law,

attorneys often claim that such fee arrangements perfectly align the interests of

lawyer and client. After all, contingency fee lawyers proclaim in TV ad after TV

ad, “we don’t get paid unless you win.” That superficial logic does not withstand

economic scrutiny. Utilizing a behavioral economics lens, this Article

demonstrates that contingency fee arrangements give attorneys excessive

incentives to settle cases that their clients would be better off taking all the way

through trial. In addition to highlighting this undertheorized problem in law, we

offer normative recommendations to …

Mandatory Anti-Bias Cle: A Serious Problem Deserves More Meaningful Response, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This essay addresses the problematic convergence of two recent trends: (1) the expansion of jurisdictions requiring anti-bias training (ABT) as part of mandatory continuing legal education (CLE), and (2) the growing recognition among social scientists that such training, at least as currently practiced, is of limited effectiveness.

Forty-six American states require continuing legal education (CLE), and eleven of these states now require lawyer ABT as one facet of CLE requirements. I have previously criticized the mandatory CLE system because so little evidence supports the conclusion that it results in more competent lawyers. The central question tackled by this essay is …

Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School

Case Western Reserve Journal of International Law

No abstract provided.

Regulating The "Unregulated": The European Union And United Kingdom Have Put In Place Anti-Money Laundering Directives For The Art Market. Should The United States Follow?, Lauren A. Turner

Case Western Reserve Journal of International Law

No abstract provided.

Exploring Consequences Of Statutory Law Through Lightweight Modeling, Joshua T. Alele-Beals

Dissertations, Master's Theses and Master's Reports

The complexity of statutory legislation often leads to confusion and disagreement in interpretation, even among legal experts, leaving ordinary citizens disempowered. While technology offers potential solutions, it can unintentionally deepen the divide between citizens and the law, contributing to a sense of alienation. Our work aims to address this gap by proposing an alternative application of technology: a digital sandbox that empowers legislators, lawyers, judges, and citizens to collaboratively define and explore the consequences of legislation.

We employ a “lightweight” computational modeling approach, using automated analysis to uncover hidden assumptions and potential unintended outcomes. Our case study focuses on expungement …

A Case Study On Variations In Network Structure And Cross- Sector Alignment In Two Local Systems Serving Pregnant And Parenting Women In Recovery, Liza M. Creel, Yana Feygin, Madeline Shipley, Deborah Winders Davis, Tiffany Cole Hall, Chaly Downs, Stephanie Hoskins, Natalie Pasquenza, Scott D. Duncan

Biostatistics Faculty Publications

Objective: To describe network structure and alignment across organizations in healthcare, public health, and social services sectors that serve pregnant and parenting women with substance use disorder (SUD) in an urban and a rural community.

Data Sources and Study Settings: Two community networks, one urban and one rural with each including a residential substance use treatment program, in Kentucky during 2021.

Study Design: Social network analysis measured system collaboration and cross-sector alignment between healthcare, public health, and social services organizations, applying the Framework for Aligning Sectors. To understand the alignment and structure of each network, we measured network density overall …

Addressing Healthcare Disparities Faced By Aging Down Syndrome Populations, Rhea Mistry

Pitzer Senior Theses

Down syndrome (DS) is a chromosomal genetic condition that impacts the development of the body and brain. The life expectancy of individuals with DS has drastically improved over the decades, increasing from 9 years in 1929 to 25 years in 1983 and further reaching 60 years by 2002. Individuals with DS face a variety of prominent co-occurring health conditions that are subject to change over time, including cognitive, visual, and hearing impairments, sleep apnea, cardiovascular defects, Down syndrome regression disorder, and dementia. Despite this increase in life span, DS is still most familiar to pediatric care providers, resulting in healthcare …

Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard

Faculty Publications

South Dakota’s reservations are rural and suffer from a shortage of lawyers. Relatedly, there are very few Native American licensed attorneys in South Dakota. This essay confronts the rural lawyer shortage on South Dakota’s reservations by documenting the lawyers practicing on South Dakota’s reservations. In addition, this essay addresses the access to justice crisis amplified on South Dakota’s reservations by this lawyer shortage. The essay provides some insight into the difficulties of placing more lawyers onto the reservations, while also offering potential pathways to remedy this crisis.

The Development, Implementation, And Evaluation Of An Online Program For Emergency Nurses Caring For Victims Of Interpersonal Violence: A Mixed Methods Study, Melanie Brown

Theses

Forensic nursing encompasses a range of skills that can be utilised across healthcare services and legal services. The delivery of forensic nursing care covers a vast number of roles and practice areas that can improve patient outcome, including the care of victims of interpersonal violence who often face multiple barriers in achieving a positive medicolegal outcome. A nurse’s ability to identify a potential victim and initiate forensic nursing care in an emergency care setting can positively influence the patient’s engagement with support services and the justice system. Despite this, a review of the Australian literature has identified inconsistencies in forensic …

Corporate Retreat In Asia: A New Era Of U.S. Law Firm Globalizations, Jocelyn Zhao

Emory Business Law Review Perspectives

No abstract provided.

Author Biographies

Roger Williams University Law Review

No abstract provided.

From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler

Faculty Articles

This essay sheds light on the systemic challenges faced by indigent, minority families within the child welfare system, using personal experiences from my time as a student at the University of Florida Levin College of Law as a lens. This essay aims to highlight the intersection of poverty, race, and the child welfare system, showing how these factors can hinder parents' ability to reunite with their children despite their best efforts. The essay seeks to underscore the urgent need for a more nuanced, multidisciplinary approach to child welfare advocacy that includes legal professionals, social workers, and health professionals working collaboratively …

Conflicting Goals: The Ethics And Accountability Of Law Firm Environmental, Social, And Governance (Esg) Policies, Todd D. Amaral

Roger Williams University Law Review

No abstract provided.

Generative Ai In The Attorney-Client Relationship: An Exercise In Critical Revision And Client Management, Michael L. Smith

SMU Science and Technology Law Review

Discussions of generative AI in legal practice and education often assert that this technology will lead to a sea change in legal writing, research, and revision. While some of the more breathless proclamations deserve skepticism, there’s little doubt that this technology may generate new forms of headaches for those in the legal field—particularly once it’s in the hands of clients or opposing counsel who wish to use this technology to save the time, money, and effort required for complex legal tasks.

This essay proposes an exercise template for law students that illustrates how generative AI technology may be misused or …

Ethics Of Innovation: A Framework For Responsible Innovation Governance, Nicole Morris

SMU Science and Technology Law Review

Over the past several years, startups that once seemed destined for greatness have failed or collapsed because of fraud committed by the founders. Most notable are the Theranos and FTX business collapses, which culminated in the convictions of two infamous entrepreneurs, Elizabeth Holmes and Sam Bankman-Fired, respectively. Startup innovators are not alone when it comes to morally dubious behavior. According to Retraction Watch, nearly 5000 papers published in science & engineering journals were retracted in 2022. Research misconduct allegations eventually led to the resignation of Stanford University President Marc Tessier-Lavigne in July 2023. The research scandal at Stanford received lots …

Chosen Family In Lgbtq+ Community: Creating Feeling Of Safety Through Collage In Art Therapy, Zaina Berger

Art Therapy | Master's Theses

This student research study investigates how collage demonstrates feelings of safety with chosen family within the LGBTQ+ community as a minority group who has undergone much discrimination and exclusion from their biological family and society at large. Currently, within the field of art therapy, there is minimal research on LGBTQ+ community, especially in regards to kinship and family. The only research about chosen family was conducted by anthropologist, Kath Weston, in the 1990’s.The student researcher defines chosen family and discusses different alternative kinship theories and practices in the last three decades. The review discusses how queer people have created meaningful …

Technology Competence As A Compass For Helping To Close The Justice Gap, Drew Simshaw

Scholarly Works

No abstract provided.

2024-2025 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Using State And Local Governments’ Purchasing Power To Combat Wage Theft, Courtlyn G. Roser-Jones

Washington and Lee Law Review

Regulatory efforts to curb wage theft are failing. And for good reason: these laws generally empower individual workers to pursue their rights when employers neglect to pay them what they are owed and deter employers with substantial penalties. But the vast majority of workers do not take formal action against their employers. So, when the penalties for committing wage theft are almost entirely triggered by claims workers do not bring, they do not deter employer behavior. Instead, because the likelihood of being penalized at all is so low, some employers make profit-maximizing decisions to commit wage theft on a large …

New York’S Domestic Violence Survivors Justice Act: A Second Chance For Survivors Or An Unattainable Freedom?, Kaitlyn D’Onofrio

Student Works

No abstract provided.

Occupational Licensing And Labor Market Mobility: Evidence From The Legal Profession, Adam Chilton, Jacob Goldin, Kyle Rozema, Sarath Sanga

Public Law and Legal Theory Working Papers

We study how state occupational licensing requirements shape labor mobility across U.S. legal markets. Drawing on newly collected data, we link variation in state bar exam waiver policies to lawyers’ license acquisitions, professional disciplinary records, and educational histories. We find that bar exam waivers increase the number of experienced lawyers obtaining a new license by 38 percent, but that the additional lawyers are subject to more professional discipline and tend to have graduated from less selective law schools. Our results suggest that state-level occupational licensing regimes can create a trade-off between the supply and quality of professionals in an industry.

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Marquette Intellectual Property & Innovation Law Review

None

January 2024 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Access To Injustice: How Legal Reforms Reinforce Marginalization, Roni Amit

City University of New York Law Review

Marginalized individuals are largely excluded from making rights claims in the courts because their stories of rights violations fall outside of prescribed legal categories. Framing this exclusion as a lack of knowledge and access, proponents of the access to justice movement have sought to improve outcomes for unrepresented and marginalized litigants through measures that help them understand and navigate the system. The access to justice movement seeks to make the justice system more accessible to these litigants by focusing on procedural fairness. This Article draws on empirical data and observations from Tulsa’s eviction court to consider the limits of access …

Compensatory Preliminary Damages: Access To Justice As Corrective Justice, Sayid R. Bnefsi

City University of New York Law Review

The access to justice movement broadly concerns people’s ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. In part, this is because legal services and litigation are cost-prohibitive, especially for indigent plaintiffs. As a result, these individuals are priced out of litigation and, by extension, unable to use law to seek justice

This Note proposes an innovative legal intervention to this problem called “compensatory preliminary damages.” This intervention builds from the work of …

Avoiding A "Nine-Headed Hydra": Intervention As A Matter Of Right By Legislators In Federal Lawsuits After Berger, Taylor Lawing

Vanderbilt Law Review

Heightened political polarization across the United States has resulted in the increased use of Rule 24(a) intervention as a matter of right by elected legislators in federal litigation concerning state law. Because states differ in their approaches to intervention, with only some states expressly granting intervention in state matters, lower federal courts have been tasked with evaluating motions to intervene by reconciling Rule 24(a)'s requirements with state statutes, which poses challenging questions concerning Rule 24. This Note aims to provide lower courts with a reimagined standard for evaluating motions to intervene from state legislators that considers the administrative, political, and …

Failed Dreams Of Transformative Legal Education: The (Non)-Americanization Of East Asian Lawyers, Jedidiah J. Kroncke

Fordham International Law Journal

No abstract provided.

A Leadership Strategy To Train And Equip African Pastors And Lay Leaders For Effective Ministry To Central African Refugees And Immigrants In Phoenix, Arizona, Joel Mpabwanimana

Doctor of Ministry Projects

Problem

Since 2010, there has been a growing number of Central African refugees and immigrants resettling in Arizona. This transition adds many other challenges to the trauma some of them have already endured. Unfortunately, there is a lack of trained pastors and lay leaders to effectively minister to them. I designed this project to develop and implement an effective strategy to train and equip pastors and lay leaders to minister to Central African refugee and immigrant communities in the Ubumwe Seventh-day Adventist Church and Glendale Seventh-day Adventist Church in Phoenix, Arizona.

Method

This project had several primary objectives: (1) to …

Occupational Licensing And Labor Market Mobility: Evidence From The Legal Profession, Adam Chilton, Jacob Goldin, Kyle Rozema, Sarath Sanga

Coase-Sandor Institute for Law & Economics Research Paper Series

We study how state occupational licensing requirements shape labor mobility across U.S. legal markets. Drawing on newly collected data, we link variation in state bar exam waiver policies to lawyers’ license acquisitions, professional disciplinary records, and educational histories. We find that bar exam waivers increase the number of experienced lawyers obtaining a new license by 38 percent, but that the additional lawyers are subject to more professional discipline and tend to have graduated from less selective law schools. Our results suggest that state-level occupational licensing regimes can create a trade-off between the supply and quality of professionals in an industry.

Stop The Violence: A Taxonomy Of Measures To Abolish Evictions, Andrew Scherer

Articles & Chapters

Evictions are among the harshest, most violent, disruptive, and damaging acts authorized by our civil courts. An armed official with a gun orders a tenant and their family out of their home and removes their possessions, often simply placing a family’s belongings — photos, knick-knacks, furniture, the accumulations of a life — on the sidewalk to be lost or damaged. Evictions ravage lives — they damage physical and mental health, disrupt education, cause job loss and homelessness, and dislodge people from community and stability. The violence of eviction is always implicit and often explicit. Sometimes, evictions result in armed conflict …