Digital Commons Network^™

The Next Chapter Of Apartheid Is "Gender Apartheid", Naheed A. Farid

University of San Francisco Law Review

No abstract provided.

Fact-Finding Is An Immigration Lawyer's Job: The Importance Of Working One-On-One With Clients In Asylum Cases, Jacqueline Marie Brown

University of San Francisco Law Review

No abstract provided.

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead

All Papers

Society has become acutely aware that trauma arises from many life events and manifests in a range of physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma effects would be much better served with trauma-informed services. While much of the emerging literature in the legal field focuses on lawyers’ work, there is growing recognition that judges can also play a role in responding effectively to trauma.

In child protection cases, trauma frequently exists at different yet related levels – for the child who is the subject of protection proceedings, and for one or more …

Regenerating Justice: Chatgpt And The Legal Minefield Of Generative Ai, Katie Szilagyi

Canadian Journal of Law and Technology

This paper adopts an automation bias lens to cast doubt on the growing claims that GenAI is a transformational tool for legal industry. In this context, automation bias refers to the well-known psychological phenomenon in which human decision-makers unwittingly defer to automated processes, flowing from overreliance on the accuracy of the automation. Even well-meaning individuals aiming to keep a “human-in-the-loop” of any automated decision can fall prey to this well-documented phenomenon, trusting the technology more than it deserves to be trusted. Champions for current GenAI technologies often do acknowledge limitations within the existing landscape of tools, like GenAI’s tendency to …

Housing Justice Pipeline: Harnessing Housing Clinics To Transform The Right To Counsel Movement, Erica Braudy, Thomas Honan, Tuhfa Begum

Articles & Chapters

No abstract provided.

Are A.I. Lawyers A Legal Product Or Legal Service?: Why Current Upl Laws Are Not Up To The Task Of Regulating Autonomous A.I. Actors, Sean Steward

Akron Law Faculty Publications

The rise of automation, particularly with the advent of large language models, presents a significant potential for the legal profession. While automation has traditionally focused on manual and repetitive tasks, A.I.'s evolution now allows machines to handle complex, thought-intensive work involving decision-making. This shift underscores a pressing issue: the American legal system lacks a clear definition of the practice of law. This becomes especially critical as A.l, an "autonomous actor," begins to take on roles that were previously exclusive to human practitioners. One company that exemplifies the advanced capabilities of modern A.I.-powered technology is Pactum Al Pactum's autonomous negotiation software …

Authenticity Can Be Costly: Understanding School Belonging Among Latine Immigrant High School Students, Deborah A. Ith

Graduate Student Theses, Dissertations, & Professional Papers

School belonging is strongly associated with positive outcomes, including overall wellness and higher educational attainment. These outcomes can have lasting impacts on the lives of students. The construct of school belonging is defined as the degree to which a student feels accepted, supported, valued, and comfortable expressing themselves authentically within the school community. Students from culturally and linguistically diverse backgrounds, especially recent immigrants, often have experiences within the school setting that interfere with the development of a strong sense of school belonging. Unfortunately, much of the prior research on school belonging has relied on survey data, correlational studies, or teacher …

The Big Four [Accounting] Law Firms: It's Past Time For The Practice Of Law To Get In The Game, Edward S. Adams, John H. Matheson

Articles

New legal services models like ABSs and accommodations like UPL waivers provide multiple positive outcomes. These business structures increase access to legal services, particularly for low and middle-income individuals who are currently priced out of them. By allowing these services to be conducted by nonlawyers, the current supply gap could be closed or completely eliminated. Also, the increased pressure on law firms from corporations and ABSs promotes free market competition. Law firms will be forced to either find a way to differentiate their expertise and services or face a serious threat due to the rejection of the traditional billable hour …

The Employment Benefits Of Law Clinics And Externships, Robert R. Kuehn

Scholarship@WashULaw

One of the reasons law students enroll in a law clinic or externship is the belief that the experience will improve their marketability. In a nationwide survey asking what was driving demand for their courses, 94% of externship directors and 66% of law clinic directors said it was, in part, because students believe those courses improve employment opportunities. Surveys of recent law graduates and employers show that students' perceptions of the positive impact of a clinic or externship experience on their job opportunities upon graduation are well founded. Research shows that clinics and externships do aid graduates in obtaining their …

The Other Delaware Effect, Jens Frankenreiter

Scholarship@WashULaw

This paper examines the effects of Delaware’s 2015 ban on fee-shifting provisions in corporate charters and bylaws, a significant legislative intervention in corporate law aimed at curbing managerial powers. The Delaware Supreme Court had approved these provisions just one year earlier as part of a series of measures aimed at curbing shareholder litigation. Because of their perceived substantial potential to reduce wasteful litigation, the Delaware legislature’s ban led many to predict an exodus of corporations from Delaware and the continued spread of fee-shifting provisions in other states.

Contrary to these predictions, this study finds that the ban did not trigger …

How New Lawyers Value Law School Experiential Training, Robert R. Kuehn

Scholarship@WashULaw

While the legal academy continues to debate the appropriate role of experiential training in preparing graduates for practice, one group consistently embraces its value: newly-licensed lawyers. In repeated surveys over the past twenty years, early career lawyers, as well as experienced attorneys, report that law clinic, externship, and simulation courses play an important role in legal education. The research summarized herein demonstrates that newly-licensed lawyers highly value their law school experiential courses, deem them important in their transition to practice, and believe their legal education did not sufficiently prepare them for practice.

An Anthology Of Interference In Law School Clinics, Peter A. Joy, Robert R. Kuehn

Scholarship@WashULaw

An Anthology of Interference in Law School Clinics explores interference in law school clinics in the United States, addressing its long history and the legal ethics, academic freedom, and First Amendment responses to that interference. Law clinics have faced interference in their representation of clients from elected officials, business groups, alumni and, at times, even their own school administrators. This interference has targeted clinics for providing individuals and nongovernmental organizations with legal representation on important matters, including racial and gender discrimination, environmental issues, prisoner rights litigation, death penalty cases, and immigration and human rights matters. In each instance, the interference …

Judicial Economy In The Age Of Ai, Yonathan Arbel

Articles

Individuals do not vindicate the majority of their legal claims because of access to justice barriers. This entrenched state of affairs is now facing a disruption. Lawyers and non-lawyers alike are adopting artificial intelligence (AI) tools to perform legal tasks-tools that sharply reduce the costs of generating legal materials. There is finally hope that AI might allow many more to access justice.

Paradoxically, what we gain in access to justice we might lose in the delivery of justice. The problem is not that AI tools are ineffective. Indeed, they are even more effective than most realize-affecting every stage of the …

The Ftx Crypto Debacle: Largest Fraud Since Madoff?, Lawrence J. Trautman, Larry D. Foster Ii

University of Memphis Law Review

No abstract provided.

Algorithmic Lawmaking, Moral Judging, And Free Will, Jacob Eisler

Case Western Reserve Law Review

No abstract provided.

Volume 76 Issue 1 (2025), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Ai Lawyering Skills Trainers: Transforming Legal Education With Generative Ai, Alexandria Serra

Journal of Law, Technology, & the Internet

The integration of generative AI (GenAI) tools in legal education is not just an innovation—it's a transformative shift redefying how law students acquire and refine advocacy skills. This article examines AI’s critical role in modernizing legal education, emphasizing its potential to offer personalized, one-on-one coaching that enhances student learning and engagement. As AI reshapes the legal profession, law schools must evolve to prepare students for an AI-driven future.

Serving as a practical guide, this article provides a step-by-step framework for educators and institutions to develop AI tools that simulate real-world courtroom scenarios and provide continuous, personalized feedback. It also highlights …

Reimagining Legal Education: Aligning Curriculum And Pedagogy With The Nextgen Bar Exam, Titichia Jackson

Faculty Scholarship

No abstract provided.

Geographies Of Deservingness: The Role Of State Contexts In Asylum Court Decision Making, James Nicholas Hernández

Sociology Honors Projects

This paper examines how state-level conditions shape asylum adjudication, a process I situate within broader racial and economic hierarchies. Prior work shows judges’ demographics shape asylum decisions. Informed by legal realism theories, I argue judges are also influenced by local social, economic, and political contexts. Using judicial data, I analyze spatialized variables’ effects on asylum grant odds using logistic regressions and a random forest model. Affluent liberal states are found to have higher odds of relief, indicating that deservingness is defined differently across US societies. By bridging judicial behavior and geographic context, I offer empirical insights into asylum adjudication disparities.

Engaging Nurses In Effective Cost Of Care Conversations To Address Cancer-Related Financial Toxicity: Results From An Exploratory Survey, Jean Edward, Amanda T. Wiggins, Louis G. Baser, Haafsah Fariduddin, Joanna F. Doran, Monica F. Bryant, John August D'Orazio, Kimberly D. Northrip

Markey Cancer Center Faculty Publications

Few evidence-based trainings exist on how to equip healthcare providers, particularly nurses, with the skills to engage in cost of care conversations with patients/caregivers to mitigate the impact of cancer-related financial toxicity. This study evaluated a pilot training developed in collaboration with Triage Cancer® to prepare oncology nurses to identify and assist patients/caregivers facing financial and/or legal barriers to care. Ten pediatric oncology nurses completed the training and pre/post-surveys on behaviors related to financial and legal need screening, frequency and comfort level of answering questions, knowledge, and behavior changes, along with training evaluation questions. At baseline, six nurses reported never …

Engaging Nurses In Effective Cost Of Care Conversations To Address Cancer-Related Financial Toxicity: Results From An Exploratory Survey, Jean Edward, Abigail Wiggins, Louis G. Baser, Haafsah Fariduddin, Joanna F. Doran, Monica F. Bryant, John A. D'Orazio, Kimberly D. Northrip

Markey Cancer Center Faculty Publications

Few evidence-based trainings exist on how to equip healthcare providers, particularly nurses, with the skills to engage in cost of care conversations with patients/caregivers to mitigate the impact of cancer-related financial toxicity. This study evaluated a pilot training developed in collaboration with Triage Cancer® to prepare oncology nurses to identify and assist patients/caregivers facing financial and/or legal barriers to care. Ten pediatric oncology nurses completed the training and pre/post-surveys on behaviors related to financial and legal need screening, frequency and comfort level of answering questions, knowledge, and behavior changes, along with training evaluation questions. At baseline, six nurses reported never …

Legalforce V. Mh Sub, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Tone Coach, Patrick Barry

Articles

Think of how many emails you have sent in the past week, month, and year. Did you always strike the appropriate tone? Did you always use the right words? Did you consistently sound the way you intended? I encourage my law students to use these questions to periodically give themselves some self-feedback. Take a look at your recent (and not-so-recent) correspondences, I tell them. Read your words aloud. Assess whether the voice you hear is the voice you want others to hear.

Novel Sex Work Anti-Discrimination Protections, Chi Adanna Mgbako, Christine Eldabh, Katie Falk, Emma Pennie

Faculty Scholarship

Sex workers throughout the world experience ubiquitous and acute discrimination in every facet of their lives due to deeprooted stigma. Societal fear and hatred of sex workers often lead to their exclusion from healthcare services, financial institutions, and accessible housing, as well as their marginalization by the carceral state, family law systems, media, and politicians. Between 2022 and 2024, the Australian jurisdictions of the Northern Territory, Queensland, and Victoria passed groundbreaking legislation codifying novel anti-discrimination protections for sex workers. These laws are the first in the world to explicitly protect sex workers against discrimination in accommodation, employment, government services, and …

Guide To Virginia Legal Information Resources: Sources Of Law, Research Guides, And Self-Help Books For Self-Represented Litigants, Second Edition, Sam Cabo

Law Faculty Publications

Since our first iteration of the Guide to Virginia Legal Information Resources in March 2023, the Guide has been distributed far and wide. It has been made available on public library websites (for example it was featured as a bullet point on the website of the Bristol Public Library and uploaded to the website of the Waynesboro Public Library). It has been cataloged by academic libraries (for example, the University of Virginia Library has an entry in its online catalog) and has been included in LibGuides at academic law libraries (there is a link to the Guide in the Virginia …

Closed Doors To Justice: How The Copyright Claims Board Is Shutting Out Pro Se Litigants, Melissa Eckhause

Cardozo Arts & Entertainment Law Journal

The Copyright Claims Board (CCB), established under the Copyright Alternative in Small-Claims Enforcement Act of 2020, was intended to provide an accessible forum for resolving small-value copyright disputes, particularly for pro se parties. However, the CCB has failed to fulfill this promise, with nearly 90% of pro se claims being dismissed without resolution on the merits. The CCB's strict compliance requirements and failure to liberally construe pro se claims have created a system more burdensome than federal court, contrary to Congress' intent. The article proposes reforms to align the CCB's practices with its original purpose of accessibility and simplicity for …

Black Lives Matter Paterson’S Harm Reduction Center Program Evaluation, Shreya Jadhav

Public Health Theses

BackgroundThe Substances and Sexual Health (SASH) Lab at the Yale School of Public Health conducts much of its work in Paterson, New Jersey. As part of a community partnership, the lab collaborated with Black Lives Matter (BLM) Paterson to conduct a program evaluation of BLM Paterson’s Harm Reduction Center. BLM Paterson, founded in 2016, offers harm reduction through a wide range of services including survival resources, referrals to treatment, and a touchpoint with the healthcare system, all within a safe, non-judgmental space for individuals to decompress and find support. Evaluation Methods This formative program evaluation assesses the impact of BLM …

Testing An Educational Intervention To Improve Recognition And Understanding Of Emotional Manipulation In Romantic Relationships, Tiss Zaitz

Dissertations and Theses

Romantic relationships significantly impact happiness and well-being, yet rarely is it taught how to build them or recognize unhealthy relationship dynamics. This gap has profound implications, as Emotional Manipulation (EM) can have severe and lasting consequences. This study examined whether an educational intervention could improve participants' ability to recognize and understand EM in interpersonal relationships. Participants (N = 327) completed a pretest assessing recognition and comprehension of EM and were then given an answer sheet with detailed explanations to enhance understanding. A subset (n = 46) completed a posttest to measure changes in recognition and knowledge. Results showed significant improvement …

Lawyers And Public Service: Duty, Faith, And The 'Good Republican' In The West Wing, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Popular culture reveals much about the perceived role of lawyers in contemporary life. In this article, I draw lessons from the portrayal of lawyers in Aaron Sorkin's classic television series, The West Wing. As a drama centred around a Democratic presidential administration, Republicans often provide the foil. From time to time, however, the show lionizes what might be termed ‘the good Republican’. That ‘good Republican’ is most often a practicing lawyer whose desire to serve is grounded in duty or faith. In this essay, I use a trio of these characters to explore the role of lawyers in public service. …

Virtual Currency As Real Currency, Jeffrey A. Maine

Faculty Publications

Convertible virtual currency is increasingly equated with the notion of real currency. Indeed, the increased acceptance of virtual currency as a payment method among retailers and consumers, the evolution of new types of virtual currency that alleviate price volatility, and the recent expansion of foreign country initiatives confirm the strong trajectory toward virtual currency’s function as a transactional currency. Yet, the tax system continues to classify all forms of virtual currency as “property,” and not “currency,” which results in immediate taxation every time someone buys something with virtual currency. This Article argues that the adopted tax treatment of virtual currency …