Digital Commons Network^™

Tax Expenditures And Horizontal Equity: A Present-Day Reassessment, Nir Fishbien

Chapman Law Review

Tax expenditures are “revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability.” The concept of tax expenditures was coined by the first Assistant Secretary for Tax Policy, Stanley S. Surrey, in the late 1960s, and was codified by the Congressional Budget Act of 1974, which requires that a list of tax expenditures be included in the U.S. budget. The concept relies on the Haig-Simons definition of income (with certain adjustments) as …

Modern Disaster Fragmentation, Abigail E. André

Fordham Law Review

Natural disasters test us. They exist at the intersection of nature, law, and society to show us where our systems are failing. Beyond physical damage, they magnify weaknesses in our socioeconomic and legal systems. In an attempt to leverage the lessons disasters bring, this Article analyzes the administrative institutions that govern disaster relief from the perspective of law, history, equity, and institutional design. This intersectional analysis uncovers a system fragmented by centuries of disorganization and infused with socioeconomic discrimination. Minor revisions cannot fix our federal approach to disaster relief: an institutional overhaul is required to achieve good governance.

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Telling Stories, Curtis E. A. Karnow

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Judges As Lawyers, Deirdre M. Smith

Faculty Publications

The integrity of the American legal system and, thereby, of our democracy rests on the shoulders of the judiciary. It is widely understood that the roles of jurist and advocate are incompatible and that the fairness and legitimacy of our court systems require maintaining clear boundaries between those roles. Accordingly, an essential feature of every state’s judicial conduct code is a prohibition on the practice of law by judges. However, many states have carved out exceptions to this prohibition to allow part-time judges sitting in low-level trial courts to supplement their modest judicial compensation by practicing law. The rationale for …

The Subfederal In Immigration Polarization, Huyen Pham, Pham Hoang Van

Minnesota Journal of Law & Inequality

No abstract provided.

Lifting The Voices Of Cisgender Female Survivors Of Sexual Violence: A Systematic Review Of Their Experiences With Formal Support Providers/Systems, Madeleine Walker

Theses and Dissertations

This qualitative systematic review aimed to recognize what adult cisgender female survivors of sexual violence said about their experiences with formal support providers upon disclosure and their recommendations to enhance the disclosure process. Using a deductive content analysis of nice qualitative studies, the researcher identified and explored supportive and unsupportive formal support providers’ behaviors. Results indicated that supportive experiences typically involved aspects of both emotional support and tangible aid. Unsupportive experiences mainly focused on how providers responded to and negatively treated cisgender female survivors during the entirety of the investigation process. Also, cultural factors, such as race, gender, ethnicity, and …

The Digitalization Of Litigation, Manuel A. Gómez

Emory International Law Review

The development of digital tools that enhance communications, security and decision making have caught the attention of international development agencies, national governments, civil society organizations, and the private sector. The United Nations Development Programme (UNDP) has highlighted the importance of digital tools as a means “to improve justice sector efficiency, transparency and access to justice[,]” while the European Commission has aligned them with “a new push for European democracy in line with the political priority of a Europe fit for the digital age[.]” With these observations in mind, this article focuses on the unique advantages and challenges presented by the …

Blockchain As A Newer More Economic Form Of Data Services For Large Organizations

Journal of Economics and Finance Education

Blockchain can be used in Academia to create an alternative to the operating systems of a college. This helps reduce the economic and financial costs of operating. Blockchain also enables businesses in the area to connect to the college in a more economically efficient way. To complete these objectives, a prototype blockchain was created using Docker and Python. Blockchain improves the efficiency and security of data transfer within these institutions while providing additional features that will enhance operations for Institutional stakeholders and connected businesses. These additional features can solve issues within collegiate systems through financial assistance transparency and efficiency.

Dissenting Opinion?, Richard B. Collins

Publications

Johnson v. M'Intosh is important for its extensive description of the racist Doctrine of Discovery. But its holding had no bearing on legal rights of American Indian nations. The opinion's articulation of tribal rights to land ownership and retained sovereignty were correctly stated.

Textbook List - Summer 2024, Office Of Registrar

Semester Schedules and Information

No abstract provided.

A Comparative Study Of Venezuelan Immigrants’ Pre- And Post-Migration Concerns For Their Children In The United States And Colombia, Aigerim Alpysbekova, Pablo Montero-Zamora, Mary H Soares, Carolina Scaramutti, Sumeyra Sahbaz, Maria Duque, Tara Bautista, Maria Fernanda Garcia, Christopher P Salas-Wright, Mildred M Maldonado-Molina, Melissa M Bates, Augusto Pérez-Gómez, Juliana Mejía Trujillo, Eric C Brown, Seth J Schwartz

Faculty, Staff and Student Publications

Research suggests that forced migration may lead to cultural stress and psychological distress. However, little is known about immigrant parents' pre- and post-migration concerns for their children's welfare. The present study examined the concerns of Venezuelan parents who migrated to the United States versus those who migrated to Colombia, and whether post-migration concerns were related to cultural stressors, mental health, and cultural identity. A sample of 609 Venezuelan immigrants completed surveys and responded to an open-ended prompt asking about pre- and post-migration concerns for children's welfare. Lack of safety was the most common pre-migration concern for Venezuelans in the U.S., …

A Financial Case For A Medical-Legal Partnership: Reducing Lengths Of Stay For Inpatient Care, Barak D. Richman, Breanna Barrett, Riya Mohan, Devdutta Sangvai

GW Law Faculty Publications & Other Works

While Medical-Legal Partnerships (MLPs) have improved the health and well-being of the people they serve, most healthcare institutions will only invest in an MLP if they are convinced that doing so will improve its balance sheet. This article offers a detailed estimation of the cost savings that an MLP targeted toward the most acute legal needs would accrue to an academic medical center (AMC) in North Carolina.

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

GW Law Faculty Publications & Other Works

This article provides an explanation of the unique and critical role of members of the Service Judge Advocate General’s Corps, not only as attorneys providing legal services to commanders, staff, personnel, and family members, but also as Guardians of Ethics for the military, the Profession of Arms. Moreover, military lawyers are key leaders who are responsible to lead or guide others to the right ethical decision. And when Judge Advocates are not present at the table to provide sage, educated, measured, advice—or fail to speak up and address potential ethical issues that arise or they are ignored— military leaders do …

The Cost Of Justice At The Dawn Of Ai, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Justice isn’t free, but it might soon get much less expensive. Policies concerning issues such as arbitration, class actions, and plea bargaining depend on how much legal services cost, but the legal literature has generally ignored past and future cost trends and their implications. The result is a legal system that may change dramatically because of economic forces without active consideration of potential responses. Part of the reason for the lack of attention is that changes in legal productivity can be difficult to measure or forecast. Some commentators have concluded that the legal sector has become more expensive in recent …

Compensation Under The Microscope: What Has Gone Wrong With Oregon's Wrongful Compensation Statute?, Jeffrey Gutman

GW Law Faculty Publications & Other Works

Oregon’s legislature passed one of the country’s most recent wrongful conviction compensation statutes in 2022. Not surprisingly, it borrows statutory structure and language from existing statutes that follow a litigation model in which a plaintiff files a claim for compensation in court and a judge (or jury) decides the case. In the nearly two and half years since passage, only three Oregon exonerees, of 27 listed on the National Registry of Exonerations who are potentially eligible, have received compensation, and two of those were compensated by settlement before even filing a complaint. The storyline of the Oregon statute is one …

In Re Guardianship Of Jones, 139 Nev. Adv. Op. 57 (Dec. 21, 2023), Collin Weires

Nevada Supreme Court Summaries

The Court addressed several issues related to the appointment and compensation of a Guardian Ad Litem (GAL) for Kathleen June Jones (June). First, the Court held that June waived any claim regarding the district court’s failure to state the GAL’s hourly rate in the appointment order because she did not raise it below, and that any error was harmless. Additionally, the Court found an error in the district court’s conclusion that it was required to appoint an attorney as GAL, but found this to be harmless as well, due to the absence of any qualified nonattorney. Further, the Court declared …

The Warrant Impact Study: Evaluating The Effects Of Bench Warrants On Individuals And Communities, Patrick C. Brayer

Faculty Works

No abstract provided.

Rosenberg Institute For East Asian Studies At Suffolk University Annual Report For 2023-2024, Rosenberg Institute

Rosenberg Institute Annual Reports

These reports summarize the activities of the Rosenberg Institute during the academic year, including information related to public programming, visiting scholars, cooperation with the Asian Studies program at Suffolk College of Arts & Sciences, promotion of Suffolk's Asia-related activities, community outreach, and funding. Most reports also contain photographs of scholars, staff, and events.

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman

Touro Law Review

As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …

Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland

Touro Law Review

Prisons and jails are not adequately equipped to manage the ever-growing population of mentally ill inmates. Despite deinstitutionalization efforts, prisons have steadily become the new psychiatric hospitals and unfortunately, because of the lack of treatment and the ability to properly supervise this population of inmates, these individuals are dying by their own hands at an alarming rate. This Note argues that the lack of proper care for mentally ill inmates is a violation of their constitutional right, despite their incarcerated status. The Department of Corrections and Community Supervision (DOCCS) should incorporate more concrete and universal rules and regulations for the …

Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Dan Schulte Jd

The Journal of the Michigan Dental Association

Navigating dental employment agreements involves understanding the enforceability of non-compete and liquidated damages provisions. While these aim to protect the employer's business, courts may scrutinize their reasonability. In Michigan, noncompete terms of two years or less are generally deemed reasonable, and the restricted area must align with the patient base. A $15,000 liquidated damages amount per patient might face challenges, as it should relate reasonably to actual damages. Courts may also consider equitable factors and the employer's adherence to the agreement. Both employers and employees benefit from reasonable restrictions, avoiding potential legal disputes.

Symposium On Rural Lawyers: Keynote Address, Steven R. Jensen

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

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

South Dakota Law Review

No abstract provided.

Theorizing Legal Vulnerability To Enhance Rural Access To Justice, Brian R. Farrell, Daria Fisher Page, Ryan T. Sakoda

South Dakota Law Review

No abstract provided.

Building Technology Competence: Navigating The Levels: A Road Map To Proficiency In The Legal Tech Landscape, Kenton S. Brice

Other Faculty Publications

No abstract provided.

Funding Futurist Ideas, David Nows

Nebraska Law Review

Financial investors traditionally prize entrepreneurial ideas that have the potential to capture a large customer base and generate significant revenue quickly. However, entrepreneurial ideas that have the potential to be world-changing but without substantial and quick revenue potential have difficulty raising the capital they need to launch. This leaves solutions to global problems like climate change, misinformation, poverty, and hunger underfunded compared to technology companies that cater to wealthy audiences.

Borrowing from the templates created by the United States through its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, as well as global programs run through …

Patterns In The Tapestry: A Typology Of Collective Giving Groups, Dorothy A. Johnson Center For Philanthropy At Grand Valley State University, Philanthropy Together, Isis Krause, Michael D. Layton

Research, Reports, and Publications

The collective giving movement has seen remarkable growth across the U.S. in recent years, both in participation and impact. Between 2017 and 2023, nearly 4,000 collective giving groups engaged over 370,000 members, mobilizing $3.1 billion to support various causes (Loson-Ceballos & Layton, 2024, p. 1). These figures underscore the scale and scope of this dynamic movement. While all collective giving groups share a commitment to democratic processes for mobilizing and allocating resources for social impact, their structures, composition, and practices vary widely. By understanding and appreciating these differences, we can better grasp how collective giving is transforming philanthropy and driving …

Unjust And Unsafe: The Eviction Experiences Of Latine Immigrant And Farmworker Tenants In Oregon, Natalie J. Cholula, Lisa K. Bates, Alex Farrington, Marisa Zapata, Jacen Greene, Azad Amir-Ghassemi, Colleen Carroll

Sociology Faculty Publications and Presentations

Latine immigrant households often face housing instability due to language barriers, immigration status, and limited access to government resources. Oregon farmworkers experience additional obstacles to safe and stable housing caused by low wages, a lack of affordable housing options, and social isolation. In light of the identified needs and lack of equitable access to resources that this group experiences, the Evicted in Oregon research team conducted focus groups with Latine immigrant and farmworker tenants in Multnomah, Washington, and Marion Counties. The aim was to gain insight into their experiences with eviction and understand how they navigated through evictions during the …