Digital Commons Network^™

The Seven Elements Of Dispute Systems Design, Lisa K. Dicker, Neil Mcgaraghan

Faculty Publications

In this article, clinical instructors at the Harvard Law School Dispute Systems Design (“DSD”) Clinic propose adapting an old analytical framework — The Seven Elements of Interest-Based Negotiation — for a new context, dispute systems design (“DSD”). A relatively young field, DSD is the “applied art and science of designing the means to prevent, manage, and resolve streams of disputes or conflict.” DSD can feel broad and opaque to newcomers and thus is in need of a foundational framework, especially for beginners. The Seven Elements of DSD — alternatives, interests, options, criteria, communication, relationship, and commitment — can serve a …

“The Times They Are A Changin’”: Generational Comparisons Of The Civil Rights Movement With The Current-Day Climate Movement, Robin Boyle-Laisure

Faculty Publications

(Excerpt)

Bob Dylan’s famous song lyric, capturing the spirit of the 1960s, is just as apropos today: “The times they are a changin’” (1964). The civil rights movement changed history by securing legislation and court decisions advancing the constitutional rights of black people (Dalton 2008, 7). The movement took flight at a time when the Baby Boomer generation was politically active and seeking social change. As outlined in the introduction to this book, the generations and their birth years are as follows: Silents (1925–45); Baby Boomers (1946–64); Gen X (1965–80); Millennials (1981–95); and Gen Z (1996–2013). Baby Boomers “experienced the …

Documents From The February 21, 2024 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

Senate Meeting Agendas and Minutes, 2007-Present

Agenda and meeting minutes from the February 21, 2024 meeting of the Associated Students of the University of Montana (ASUM). The following resolutions were discussed during the meeting:

SB17-23/24: Resolution Revising Article IV, Section 14 of the ASUM Bylaws

SB16 -23/24: Resolution Commending UM BSU President Jasmine Caldwell

Postscript, Kalyani Ramnath

Socio-Legal Review

As the earliest Editor’s Notes for the Socio-Legal Review (‘SLR’ or ‘Review’) recorded, SLR was established in 2005 with the help of a publication grant from the UK-based Modern Law Review (‘MLR’), and the support of Professors Tim Murphy and later Martin Loughlin of the London School of Economics. A chance encounter that some students had with Professor Tim Murphy, at the time the General Editor for MLR and founding Editorial Board member for the UK-based journal Law and Critique, at an academic conference at the National Law School of India University, Bengaluru (‘NLSIU’) led to active discussions around what …

Sustainable Tourism Development In Greece: A Phenomenological Study Of Municipal Leaders, Panagiote G. Tsolis

Theses and Dissertations

The Hellenic Republic relies heavily on the summer tourism industry for economic growth (Kouri, 2012). The objective has been to increase demand for lesser-known destinations and encourage visitation outside the peak summer period. However, expanding the tourism offering is complex, as tourism destination networks are some of the most complex systems (da Fontoura Costa & Baggio, 2009). There are no official national framework for sustainable tourism in the Hellenic Republic. However, multiple national frameworks for sustainable tourism within the Hellenic Republic have been designed, focusing on tourism or regions and natural preserves. The problem is that municipal leaders' perspectives are …

Coping Strategies Of African American Lgbtq Same-Gender-Loving And Heterosexual Women After Intimate Partner Violence, Victoria Moran

Theses and Dissertations

A thematic analysis of literature was applied to academic studies of African American women who identify as same-gender-loving (SGL), meaning either lesbian or bisexual, and African American heterosexual women who have endured intimate partner violence (IPV). The aim was to identify in the literature coping strategies used by the IPV survivors, as well as under-utilized coping strategies. Few studies (28) met the inclusion criteria related to this intersectional identity. Main themes of positive coping skills mentioned were as follows: spirituality, mindfulness, religious practice, community support, social support, confrontation, safety precautions, activism, attitude or self-help, mental health services, participation in research …

Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib

Faculty Scholarship

This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.

Entertaining And Embracing Professional Identity Development In The 1l Legal Writing Curriculum, Charles Oldfield

Akron Law Faculty Publications

Because of their already heavy workload, legal writing faculty sometimes resist taking on new curricular responsibilities, including calls to incorporate ethics and professionalism training in the first-year legal writing curriculum. But the ABA now requires law schools to provide students with opportunities to develop their professional identities throughout their time in law school. This requirement means that faculty will need to add professional identity development to their courses. Rather than resist this change, first-year legal writing faculty should embrace the opportunity by using the Model Rules of Professional Conduct to incorporate concepts of ethics and professionalism in their first-year courses. …

Access To Civil Justice For Parents In The U.S. Child Welfare System, Caitlin Rubin

Fordham Urban Law Journal Online

No abstract provided.

Lawyering In The Age Of Artificial Intelligence, Jonathan H. Choi, Monahan Amy, Daniel Schwarcz

Scholarship@WashULaw

We conducted the first randomized controlled trial to study the effect of AI assistance on human legal analysis. We randomly assigned law school students to complete realistic legal tasks either with or without the assistance of GPT-4, tracking how long the students took on each task and blind-grading the results. We found that access to GPT-4 only slightly and inconsistently improved the quality of participants’ legal analysis but induced large and consistent increases in speed. AI assistance improved the quality of output unevenly—where it was useful at all, the lowest-skilled participants saw the largest improvements. On the other hand, AI …

Do High School Students Understand Their Miranda Rights? A Preliminary Investigation, Emma K. Hinds

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Background: Numerous studies have established that the linguistic complexity of the Miranda warning often results in poor comprehension, particularly for adolescents. Several studies have shown that persons with language disorders are overrepresented in U.S. prisons. Additionally, a few studies have shown a strong positive correlation between language scores and scores on Miranda assessments. These findings suggest that individuals with language disorders are at risk for poor comprehension of their Miranda rights, placing them at greater risk of waiving those rights, which can lead to incarceration.

Aims: The goal of this preliminary investigation is to examine how well adolescents with typical …

Governing Artificial Intelligence Responsibility In Low To Middle Income Countries: Enabling Pathways To Sustainable Development, Adele Barzelay, Jeremy Ng, Mila Romanoff

California Western International Law Journal

No abstract provided.

Seeking Asylum In The United States: Intersectional Analysis Of The Experiences Of Transgender Women From The Central American Northern Triangle, Debra Rodman, Carmen Monico, Karen S. Rotabi-Casares

Social Work Faculty Publications and Presentations

The Northern Triangle countries, including El Salvador, Guatemala, and Honduras, are sources of a significant number of asylum seekers in the United States today. This article examines the underlying societal dynamics in these countries and considers the typical profile of transgender immigrant women seeking asylum in the U.S. on the legal grounds of having faced gender-based violence in their countries of origin. It analyzes the relevant international conventions as well as the social determinants of the health and mental health of transgender asylum seekers. It draws from 35 cases of transgender immigrant women subjected to child sexual abuse; sexual assault, …

Exoneration Finance, Kay L. Levine, Russell M. Gold

Articles

The path to financial compensation for the wrongfully convicted can be complex and time-consuming. Exonerees often struggle to make ends meet and function in free society, let alone navigate serpentine processes while waiting years for the recovery they deserve. Securing the assistance of an attorney is often a critical step, but too few lawyers are willing to risk accepting these complicated cases on a contingency-fee basis the only way that exoneree-clients can likely pay their lawyers without outside help.

Litigation finance an important tool for increasing access to justice in tort cases could help close this access to justice gap …

In Defense Of Land And Water Protectors: Environmental Justice And The Criminalization Of Environmental Activism, Mia Montoya Hammersley

University of Memphis Law Review

No abstract provided.

Quantifying The Rural Legal Desert Problem: Assessing Access To Justice And Legal Services In Marginalized Communities, K. Aleks Schaefer, Andrew Van Leuven

South Dakota Law Review

No abstract provided.

Fostering A Law Student's Professional Identity: How Law School Field Placements And Online Programming Can Develop The Next Generation Of Rural Lawyers, Melissa L. Kidder

South Dakota Law Review

No abstract provided.

Sharing Elected Prosecutors, Quinn Yeargain

South Dakota Law Review

No abstract provided.

Friends In Law Places- The Role For Medical-Legal Partnerships In Reshaping The Rural Bar And Bedside, Michael Sobol

South Dakota Law Review

No abstract provided.

Leveraging Technology And Law School Pro Se Clinics To Enhance Rural Access To The Courts, Marilyn Trefz, Kelly Collinsworth

South Dakota Law Review

No abstract provided.

Indigent Legal Services In South Dakota: A History, Benjamin Titus

South Dakota Law Review

No abstract provided.

Battling The Form: A Front-End Approach To Default-Use Noncompetes, Rachel Arnow-Richman

University of Florida Journal of Law & Public Policy

A growing consensus holds that employer overuse of noncompete agreements adversely affects workers and the economy. But there is little agreement on how best to regulate these instruments. States have experimented with an array of idiosyncratic reforms that capture the most egregious misuses, while the Federal Trade Commission (FTC), has issued an outright ban that would prohibit all employee noncompetes and comparable instruments nationwide.

This Article argues that any effective reform strategy must target what it terms “default-use” noncompetes—boilerplate restraints imposed by employers as a matter of course without close consideration of their underlying justification. Some unlawful noncompetes are clearly …

Consumer Justice: Do Europeans Know Something We Do Not?, Magdalena Tulibacka

Emory International Law Review

No abstract provided.

Best Practices For Community Outreach For The Virginia Eviction Reduction Pilot, Callie B. Houghland

Master of Urban and Regional Planning Capstone Projects

The purpose of this plan is to understand best practices for community outreach for the VERP program and provide materials to aid future outreach efforts. This plan has five parts. First, this plan will review characteristics that contribute to housing vulnerability, such as race or number of children, and consider which vulnerabilities should be prioritized in outreach. Then, this plan will identify how VERP grantees are currently conducting community outreach and who is being served through the program. Next this plan will look to understand who is missed between those who are most vulnerable and who are actually served across …

Access To Justice: A Roadmap To Creating And Launching Consumer Bankruptcy Experiential Programs In Law Schools, Ishaq Kundawala

Emory Bankruptcy Developments Journal

No abstract provided.

Assumptions, Resources, And Inputs To Case Management: Implications For California’S Regional Center System, Jonathan Flint

Master's Projects

This project adds to knowledge of case management assumptions, resources, and inputs for California’s Regional Center system by surveying members of the Service Access and Equity working group, formed by the Department of Developmental Services (DDS). It recommends development of a logic model to evaluate case management activities because their intended societal impacts are difficult to directly measure. Additionally, it adds to the debate on health equity and racial disparities in Medicaid long-term services and supports (LTSS). In 1969, passage of the Lanterman Developmental Disabilities Services Act (The Lanterman Act) led to the first and still only entitlement to community-based …

Bias Notification Duty, Eldar Haber, Shai Stern

Cardozo Arts & Entertainment Law Journal

Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to fix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do so behind the scenes. While such a move might debias the output, society remains in the dark about its existence or how it might have affected the outcome. Society thus misses a unique opportunity to study social and cognitive biases that shape …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 43 (2024-25)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Language Barriers In The U.S. Legal System For Primarily Spanish Speakers: Attorney Perspectives And Potential Solutions For True Equal Access, Emma F. Kizer

Honors Program Theses

The U.S. legal system is difficult to navigate for anyone who is attempting to use it, but non-English-speaking individuals have a unique set of obstacles to overcome. Communicating and understanding legal jargon and processes can become increasingly strenuous when one does not speak English in a predominantly English system. This study is specifically focused on the barriers that Spanish-speaking clients face and potential ways to change the system in order to make the experiences of non-English speakers more accessible. By interviewing attorneys who work with both English and Spanish speaking clients, we gain insight into their perspective on issues they …

What I Talk About When I Talk About Charity Scott, Elizabeth Weeks

Scholarly Works

This essay pays tribute to Professor Charity Scott’s transformative impact on health law, legal education, and medical-legal partnerships. Reflecting on personal experience and Scott’s pioneering work, It highlights Scott’s integrity, compassion, and dedication to improving individual and community well-being through law. Scott’s role in establishing the Health Law Partnership (HeLP) and advancing the medical-legal partnership model is situated within the broader evolution of health justice, social determinants of health, and interprofessional collaboration. The essay underscores her legacy as a scholar, mentor, and innovator whose work continues to shape health law and inspire future generations of advocates, educators, and practitioners