Digital Commons Network^™

The Complex Truth About The "Border Crisis", Lenni Benson

Articles & Chapters

The Complex Truth About the “Border Crisis” – a book review of Everyone Who is Gone is Here: The United States, Central America, and the Making of a Crisis, by Jonathan Blitzer, Penguin Press, 2024. 544 pp.

Lobbying By Brief: Unveiling The Dominance Of Amicus Lobbying In The Development Of Business Law, W. C. Bunting, Tomer Stein

SMU Law Review

This Article uncovers the pervasive and significant impact of business law amicus lobbying, a strategic tactic whereby lobby groups have commandeered the amicus curiae filing process in state courts to shape business law according to their interests.

This Article makes three primary contributions to the literature. First, it presents the only comprehensive dataset of amicus curiae filings in business law cases. This hand-collected dataset encompasses nearly all business law amicus curiae filings from 2005 to 2022 in the key jurisdictions of New York, California, Delaware, Texas, and Nevada. Second, it reveals a striking empirical finding: lobby groups account for 67% …

Perkins Coie V. Us, District Court Of The District Of Columbia

Historical and Topical Legal Documents

BRIEF OF AMICI CURIAE 363 LAW PROFESSORS IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND FOR DECLARATORY AND PERMANENT INJUNCTIVE RELIEF

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Publications

No abstract provided.

Examining School Psychologists’ Perspectives Of School Resource Officers, Kaylee Engle

All Graduate Theses, Dissertations, and Other Capstone Projects

Following highly publicized acts of school violence since the 1990s, school resource officers (SROs) have become increasingly common fixtures in U.S. public schools. However, research on educational stakeholders' perceptions of school resource officers is limited, and studies that have been conducted have produced mixed results. The purpose of this study was to examine school psychologists' perspectives of school resource officers. School psychologists have unique training and knowledge regarding the establishment of safe and supportive schools, as well as an ethical obligation to promote practices that contribute to positive school environments, yet no previous studies had examined these professionals' perceptions of …

Narrative Inquiry Into The Socio Economic Integration And Resilience Of The Mien Community In The United States, Teresa M. Saefong

University of the Pacific Theses and Dissertations

This qualitative study examined the socioeconomic integration of the Mien community, a refugee minority sometimes overlooked in research and policy discussions, in the United States. Five participants shared their experiences through in-depth interviews and community observations. The study utilizes narrative inquiry and is informed by community cultural wealth and resilience theory. The analysis incorporated restorying, comparative, and performative approaches. The findings suggested that Mien integration depended on intergenerational storytelling, clan-based networks, multilingual skills, and the adaption of traditional practices within U.S. institutions. Community organizations were important for keeping culture alive and filling in the gaps in institutional services by giving …

Developing Lawyering Skills In The Age Of Artificial Intelligence: A Framework For Legal Education, Julie Kimbrough

Faculty Publications

This Article explores the emergence of generative artificial intelligence technology in legal education and law practice. It first offers historical perspective by examining the development of online legal research systems and other existing law practice technology tools that leverage artificial intelligence. This Article then proposes a framework for legal education based on twenty-first-century competencies that advance human interaction with legal technology tools. Next, this Article recommends that law schools incorporate these competencies into learning outcomes along with a holistic approach to teaching technology-driven lawyering skills as a strategy to narrow the learning gap between legal education and law practice. It …

Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Alexander W. Scherr

Scholarly Works

This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …

Harnessing The Power Of Community Through Pop-Up Legal Clinics, Elizabeth Grant, Christine M. Scartz

Scholarly Works

The article discusses the effectiveness of pop-up legal clinics in addressing the justice gap by providing free legal advice to those in need. These clinics, operating under Georgia's Rule of Professional Conduct 6.5, offer limited scope consultations, enabling attorneys to fulfill their pro bono obligations while helping individuals navigate legal issues. The initiative underscores the power of community collaboration and highlights the positive impact on both clients and volunteer attorneys.

Values-Ambiguous Clinics, Willow Tracy

Scholarly Works

As law school clinical programs have grown in recent decades, many of the newer offerings focus on business law, entrepreneurship, intellectualproperty, and technology. It is commonly presumed that social justice values, such as the amelioration ofpoverty or theprotection offundamental rights, are notfoundational goals of these non-traditional clinics. This Article calls these clinics "values-ambiguous" to highlight the frequent uncertainty and skepticism about their relationship to traditional clinical social justice values. Importantly, "values-ambiguous"does not describe a quality of the clinic itself it describes a quality ofperception of the clinic. In other words, "values-ambiguous clinics" are clinics that are typically not perceived as …

Understanding Rural Legal Deserts To Inform Public Policy: Identifying And Describing Lawyer Gaps In Non-Metropolitan Counties, David J. Peters, Emma Bartling, Emily Meyer

South Dakota Law Review

Rural legal deserts have become a growing topic of interest to legal scholars and social scientists in the U.S. However, current research is limited by measurement issues and by the lack of national-scale analyses. To address these limitations, we identify legal deserts by applying latent profile analysis to lawyer gap rates for N = 2,307 non-metropolitan counties in the U.S. Lawyer gap rates are calculated as local demand for lawyers minus the local supply, using employment in private practice law offices from the Census Bureau. Next, we statistically describe the spatial, demographic, economic, and social characteristics of legal deserts. We …

Disrupting Public Defense: A Transitions Theory Approach, Matt Bender

Lewis & Clark Law Review

Public defense problems are well known, but a solution has been elusive. This Article analyzes public defense’s adaptive features using the Multi-Level Perspective (MLP) for the first time. The MLP is a theoretical framework that is often employed to study institutional and societal barriers to innovative ideas, like climate change responses and clean energy transitions. This Article describes the MLP’s theoretical model and uses it to examine why public defense reform consistently fails.

This Article then goes beyond the MLP framework to explore how transition management tools can be used to design and nurture new approaches to public defense. I …

Executory Contract Provisions That Provide Solely For An Equitable Remedy Are Enforceable Post-Rejection., Ashley Romeo

Bankruptcy Research Library

(Excerpt)

Under Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code"), "a trustee [or debtor in possession], subject to the court’s approval, may assume, or reject an executory contract." Generally, a contract is executory if "performance remains due to some extent on both sides." In general, a debtor may decide whether its executory contract is a good deal going forward. The debtor will likely want to reject a contract that is no longer a good deal in order to repudiate any further performance of its duties. When reviewing the trustee or debtor-in-possession’s decision to assume or …

Foundations Of The Right Of Charitable Uses, Adam J. Macleod, Mark David Hall

Scholarly Articles

In recent years, municipalities around the United States have enacted ordinances that prohibit or restrict food-sharing in public places. These ordinances make it difficult for charitable souls to share food with those most in need. In one case, a town in Arizona arrested a woman under an ordinance that prohibits sharing food in public for charitable purposes.
The closest analogs to these laws are the English anti-almsgiving acts of the fourteenth and sixteenth centuries. One must look that far back in history because infringements of the right of charitable uses of property are exceedingly rare. Indeed, throughout the history of …

What Lawyers Could Learn From The Corporate Practice Of Medicine, Melissa D. Mortazavi

Faculty Articles

Proponents of the United States’ domestic experiments in non-lawyer ownership (NLO) of legal practice justify them in terms of increasing “access to justice.” But what if opening ownership of legal practice to investment capital only exacerbates market failures (leading to further consolidation and increased costs to clients), while also compromising professional autonomy and fiduciary duty? The legal profession must be clear-eyed about who are the real winners and losers of such a shift and avoid being blinded by wishful thinking. Prominent legal scholars have repeatedly touted NLO as a solution to the access to justice crisis. However, there is scant …

The Growing Role Of Venture Studios In Startup Finance, David Nows, Lawrence J. Trautman

Case Western Reserve Law Review

No abstract provided.

Implementing And Evaluating A Pilot Interprofessional Training Program To Engage Health Care Teams In Cost Of Care Conversations, Jean Edward, Kimberly D. Northrip, Mary Kay Rayens, Julia Costich, Andrea Welker, Rachel O’Farrell, John A. D'Orazio

Nursing Faculty Publications

Introduction: This study evaluated the impact of Financial and Insurance Navigation Assistance-Training – a pilot interprofessional training program to facilitate cost of care (CoC) conversations and address health-harming social determinants of health in a pediatric hematology–oncology clinic.

Methods: A pre–post study design was used to evaluate the impact of Financial and Insurance Navigation Assistance-Training on an interprofessional health care team's (clinicians, social workers, financial navigator, and legal advocates) knowledge, attitudes, and behaviors related to CoC conversations and screening, referring, and collaborating with interprofessional team members. Data were collected …

Gettysburg Historical Journal 2025

The Gettysburg Historical Journal

Complete Issue of the Gettysburg Historical Journal 2025

Reading Is Dead: Can Law Schools Make Lawyers From Non-Readers?, Elizabeth Ruiz Frost

Nebraska Law Review

Reading is dead. While its death has been widely reported in popular media, this Article contributes to the conversation by connecting the death of reading to core lawyering skills, arguing that the way we teach in law schools must change to account for the loss. Reading fuels critical thinking skills, communication skills, general knowledge, and our ability to understand and empathize with people. Thus, a lifetime of reading builds the foundation for core lawyering skills. But what happens when law students spend their lifetime doing anything but reading? This Article will first explain, briefly, how reading has been taught in …

Zoom To The Bar: How Law School Remote Instruction Affected Bar Exam Performance, Michael Conklin

Southern Illinois University Law Journal

The COVID-19 pandemic had a profound effect on nearly every aspect of life starting in 2020. Existing research measuring the relationship between COVID restrictions and academic performance has found significant harm across numerous settings. This first-of-its-kind study is designed to measure if a similar phenomenon is present with performance on state bar exams taken by law school graduates. The counterintuitive results from this study—that more restrictive COVID lockdowns correlated with improved bar examination performance—spark discussion regarding lockdowns, legal education, remote learning pedagogy, and the bar exam. Furthermore, the findings of this study will hopefully serve as a powerful catalyst to …

“I Have Nowhere To Go” : An Examination Of Post-Eviction Housing Outcomes Of Evicted Tenants, Alex Farrington, Natalie J. Cholula, Lisa K. Bates

Urban Studies and Planning Faculty Publications and Presentations

Given the extent of the eviction crisis in Oregon, it is crucial to investigate what happens to tenants after they are displaced from their homes. This report investigates three main questions concerning tenants’ post-eviction housing outcomes: Where do tenants live after they have been evicted? How do post-eviction housing outcomes affect tenants’ health, finances, and safety? How do rental assistance and legal assistance affect post-eviction housing outcomes?

Nearly two thirds of evicted tenants moved directly into some form of homelessness, including sheltered, unsheltered, or doubled-up homelessness. These findings indicate that Oregon’s eviction crisis and homelessness crisis are closely linked.

Tenants …

New Family Law Statutes In 2024: Selected State Legislation, Family Law Quarterly 2024–25 Editors, New York Law School

Redefining Family Law: State Legislative Updates

This article provides summaries and context for 35 changes to family law that were enacted in 2024 by legislatures in 25 states and the District of Columbia. The topics include (1) Equal Protection, (2) Child Custody and Visitation, (3) Nonparent Custody and Visitation, (4) Child Welfare, (5) Domestic Violence, (6) Juvenile Justice, (7) Parentage, (8) Age of Marriage, (9) Companion Animals, (10) Education, (11) Criminal Justice, and (12) Provision of Legal Services. More specifically, the topics of the laws featured in this article include (among others) supervised visitation; increased protections for LGBTQ+ families; pet custody in divorce proceedings; and strengthened …

Intimate Partner Violence Victims' Experiences With Civil Legal Interventions, Jessica Brooke Pomerantz

Theses and Dissertations

The court system has become a central part of the societal response to intimate partner violence (IPV) and is a frequently used as a source of help for victims (Cattaneo et al., 2013). Despite the importance of a justice system response to IPV, it is not always accessible or helpful to victims. Past research has demonstrated barriers to IPV victims seeking legal intervention including mistrust of the court system generally, extensive and confusing legal processes and procedures, and failure of the courts to assess more invisible forms of abuse (Calton et al., 2017; Cerulli et al., 2015; Cuomo & Dolci, …

Donor Impact Report 2024-2025, University Of San Diego School Of Law

Donor Impact Report

No abstract provided.

Annual Security Report For Calendar Year 2024, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Trends In Contacts Made By Immigrants To The National Domestic Violence Hotline, Before And During The Covid-19 Pandemic, Sarah Treves-Kagan, Vi D Le, Liris S Berra, Colleen M Ray, Yanet Ruvalcaba, Leila Wood, Denise V D'Angelo, Tatiana M Vera, Lianne Fuino Estefan

Faculty, Staff and Student Publications

Objectives: Immigrants in the United States are more likely than nonimmigrants to experience risk factors for intimate partner violence (IPV) and problems in getting support. The COVID-19 pandemic and recent incidents of xenophobia and anti-immigrant sentiment may have exacerbated exposure to IPV risk factors. We examined immigrant experiences of IPV before and during the COVID-19 pandemic.

Methods: This study identified changes in characteristics of abuse, services used, referrals, and barriers to services among those who contacted the National Domestic Violence Hotline (NDVH) and identified as immigrants, reported immigration status as a concern, needed immigration support, and/or identified immigration status as …

Judicial Economy In The Age Of Ai, Yonathan Arbel

University of Colorado Law Review

No abstract provided.

Post-Migration Living Distress And Suicidal Behavior In Refugee Populations Resettled In Vermont, Phoebe K. Lewis

Antioch University Dissertations & Theses

The study of refugee psychology and suicidal distress is a comparatively nascent field when compared with the body of research concerning non-refugee populations. Over the past fifty years, however, the post-migration refugee experience has been the subject of growing clinical interest. In particular, the construct of post-migration living distress (PMLD) has been identified as a salient factor contributing to psychological distress in refugee populations. This dissertation explores the relationship between PMLD and suicidality in a sample of refugees resettled in a New England city. Guided by the Interpersonal Theory of Suicide (IPTS), this dissertation considers how elements of the post-migration …

Community Service Organizations And Actions For Climate Justice: An Exploration Of The Western Australian Context, Naomi Joy Godden, Bronte Alston, Kylie Wrigley, Shajimon Peter, Julie Nyanjom, Graham Hansen, Raphaela Raaber, Janine Joyce, Elizabeth Jackson-Barrett, Mehran Nejati, Doreen Wijekoon, Katharine Marsh, Caroline Porteous, Susan Bailey

Research outputs 2022 to 2026

This study utilized Feminist Participatory Action Research in collaboration with community service organizations (CSOs) in Western Australia to assess knowledges, capacities and capabilities regarding climate justice. Through surveys, interviews, and workshops, CSO workers explored organizational responses to climate change and social justice. Participants self-reported a low-to-medium understanding of climate justice and a desire for capacity building, especially in decolonial practice. Half of participating organizations had policies regarding climate change and social justice and engaged in climate advocacy, but identified a lack of sectorial and organizational leadership. Participants recommended opportunities for CSOs to operationalize climate justice and disaster resilience via climate …

Complex Lives And Procedural Barriers: Detainees’ “Life Happens” Explanations For Breaching Orders, Natalie Gately, Suzanne Rock, James L. Finney, Cate Parry

Research outputs 2022 to 2026

The Australian bail system routinely permits most individuals accused of a crime to remain in the community while awaiting a court date under a range of conditions. However, statistics have indicated that a high number of bailees breach the orders placed on them, increasing police and court interactions, and resulting in additional charges. This project utilised the Drug Use Monitoring in Australia – Western Australia (DUMA-WA) collection to survey 230 police detainees about their orders and reasons for breaching recent orders. The results indicated that most understood their orders but disclosed a range of complexities which interfered with compliance. Qualitative …