Digital Commons Network^™

Advanced Trucking Litigation, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held October 17, 2024.

Elevating Your Estate Planning Practice, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held February 29, 2024.

Adult Guardianship Training, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held December 6, 2024.

How To Use Litigation Technology To Prepare & Present Your Case At Trial, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held September 11, 2024.

36th Annual Medicaid In Indiana For The Elderly And Disabled, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held April 26, 2024.

Applied Professionalism, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held November 1, 2024.

Advanced Federal Practice, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held June 28-29, 2024.

Advanced Elder Law, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held August 9-10, 2024.

The Abcs Of Snts, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held July 16, 2024.

Social Security Disability Law, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held February 23, 2024.

2024 Year In Review, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2024

Meeting proceedings of a seminar by the same name, held December 12-13, 2024.

Legal Provisions And Administration Of Land Disputes In Kiteto District, Ca. 1970s – 2000s: The Missing Linkage, Juma Marmo

Zamani: A Journal of African Historical Studies

There have been a series of legal interventions on land use in the post-colonial Tanzania to create a good land administration and management in order to end land use conflicts. Scholarship on the legal aspect of land use indicates that legal interventions did not provide lasting solutions to land use conflicts because of their structural and systemic arrangements. In addition, existing scholarship has little focus on the linkage between law enforcement machinery, the peoples’ level of understanding on land laws, and the occurrence of land use conflicts. This paper discusses the violation of laws by peasants, pastoralists, and government officials …

Operational Solutions To Everyday Problems From Border Advocates At Jewish Family Service Of San Diego, Kate Clark, Reilly Frye

San Diego Law Review

Day in and day out, across administrations at all levels of government, a cadre of impassioned change agents, including advocates, service providers, community stakeholders, and grassroots organizations, are called to action to fight. Through exhaustion and fatigue, this group unequivocally continues to center humanity and uplift sustainable solutions.

As a “border attorney,” I have been proximate to this work and space for more than fourteen years, the entirety of which has been at Jewish Family Service of San Diego (JFS), a refugee resettlement organization, pro bono legal service provider, and operator of the San Diego Rapid Response Network Migrant Shelter …

Administrative Law's Unavailing Duties, Daniel Z. Epstein

Texas A&M Law Review

Through a novel empirical approach, this Article shows that legal doctrine does not determine whether federal courts provide remedies when agencies fail to enforce a statutory duty. Plaintiffs are most likely to succeed against the government when litigating statutory procedures located within agency-specific statutes and which raise major policy questions in immigration, healthcare, Native American rights, public housing, the environment, or labor. Others are more likely to lose against the government: plaintiffs litigating statutory violations involving procedures not specific to an agency, but which apply to officers and agencies throughout the bureaucracy. These cases involve duties governing ethics, transparency, recordkeeping, …

Repurposing The Land Of An East Los Angeles Church: The Discovery Of How Small And Medium Sized Churches Through Affordable Housing Can Combat Homelessness While Revitalizing Its Nonprofit Status, Donald Cook, Donald Ray Cook Ii

Doctor of Ministry Projects and Theses

In order to live, humans need to sleep; therefore, sleep is mandatory, but unfortunately, everyone does not have the option of sleeping inside. Subsequently, many homeless encampments have developed in many countries. The perspective that people have often determines their response to homelessness. One person might view a homeless encampment as a problem that needs to be removed while someone else can view it as an opportunity to serve the least of these. Not only did Adam and Eve experience homelessness when removed from the Garden of Eden, but Mary, Joseph, and Jesus experienced first-hand the rollercoaster of inadequate housing. …

Human Rights And The Task Force Detainees Of The Philippines: Religious Opposition To The Marcos Dictatorship, 1972-1986, Mark John Sanchez

Kritika Kultura

As a representative of Task Force Detainees of the Philippines (TFDP), Sr. Mariani Dimaranan traveled worldwide, working to highlight human rights injustice in the Philippines and to gather support for the efforts of her organization. TFDP’s efforts to highlight political detention took place in the milieu of 1970s international human rights discourse. While the importance of Western Europe and the United States on this discourse is often highlighted, less attention is given to the work of grassroots activists in places such as the Philippines. This article highlights the navigation between local and international political issues within Philippine- based grassroots opposition …

Building Successful Justice Worker Programs: Emerging Insights From Research And Practice, Rebecca L. Sandefur, Matthew Burnett

Alaska Law Review

America's deep access to justice crisis has long seemed intractable. But new and potentially transformative models for giving people access to legal services and to their own law are emerging around the country. Among the most promising of these are community justice workers. These are people already trusted in their communities, such as social workers, librarians, health aides, community leaders, teachers, mediators, and everyday citizens who are trained to help people understand and act on the legal challenges involved in critical life issues. These issues implicate basic needs like nutrition, health, income security, shelter, education, and care of dependents, and …

Expanding Access To Justice Through Regulatory Reform And Innovation: Arizona Lessons From The Past, Present, And Future, Samuel A. Thumma

University of Cincinnati Law Review

No abstract provided.

Power-Conscious Legal Work: Building A Roadmap For Rural Access To Justice Through Trust, Accountability, & Trauma-Informed Practices, Cayley Balser, Antonio M. Coronado

Alaska Law Review

The importance of trauma-informed practices has never been greater. In the United States, most of the population has experienced at least one traumatic event in their life. Experiencing a traumatic event may have long-lasting impacts on physical health, including disruption to all major system functioning. Mental health impacts may include behavior changes, memory challenges, inability to complete routine tasks, difficulty with interpersonal relationships, and other symptoms associated with Post Traumatic Stress Disorder. Extant literature examines the association between past trauma experiences and later interactions with the civil justice system, including litigant conceptualizations of legal system engagement as a traumatic event …

Administrators

Catholic University Law Review

No abstract provided.

Addressing The Access To Justice Crisis: Think Systemically, Act Locally, Nikole Nelson

Alaska Law Review

No abstract provided.

Community Justice Workers: Part Of The Solution To Alaska's Legal Deserts, Joy Anderson, Sarah Carver, Dr. Robert Onders

Alaska Law Review

Legal deserts—large geographic areas where there are few or no attorneys—are found throughout the United States, including Alaska. These deserts are a major contributor to the access to justice gap. Further compounding the scarcity of legal resources in these areas, many people living in legal deserts cannot afford legal help, even when a lawyer is available. Legal aid organizations have struggled to overcome these challenges in meeting the legal needs of low-income Americans and are often forced to turn away as many people as they are able to help. Alaska Legal Services Corporation (ALSC) is responding to this challenge in …

Note From The Editor

Alaska Law Review

No abstract provided.

Justice Beyond The State, Kirsten Matoy Carlson

Alaska Law Review

For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening tribal courts or justice systems through restorations of jurisdiction as a way to address access to justice issues in Alaska Native villages. It argues that restorations of jurisdiction and the development of tribal justice systems must ensure that Alaska Natives define the justice provided in their communities. Restorations of …

Next Steps In Online Courts: Accelerating Access Tojustice Through Court Technology, J.J. Prescott

Alaska Law Review

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

Glacial Progress: Thawing The Path To A Law School In Alaska, Kathrine Coonjohn

Alaska Law Review

My contribution to this symposium is clear: to advocate for the establishment of an Alaskan law school. As the only state in the nation without one Alaska keenly suffers the repercussions of this absence. The resulting void creates shortages of legal professionals, reduces opportunities for continuing legal education, cultural and community disconnection, and contributes to brain drain. Further, it undermines the state's legal infrastructure and limits access to justice. Despite significant logistical and financial hurdles, including the high costs of establishment and sustainability concerns, the need for a local legal institution is undeniable, and this need will only grow more …

Legal Challenges Across State Lines: A Look Into Surrogacy Law In The United States, Taylor Paige Mutavdzic

Journal of Civil Law Studies

This essay analyzes the challenges arising from the fragmented legal landscape of surrogacy in the United States, where inconsistent state laws and a lack of federal oversight create significant uncertainties. Through a hypothetical case involving a same-sex couple, Sally and Jane, the study examines key issues, including the determination of parental rights, the legal status of children born through surrogacy, and protections for surrogate mothers. The essay argues for a more cohesive and transparent legal framework to address these complexities and safeguard the rights and interests of all parties involved in surrogacy arrangements.

Lessons Learned: Karl-Philipp Wojick, Maryann Haggerty

Journal of Financial Crises

Karl-Philipp Wojcik is the general counsel of the European Union’s Single Resolution Board (SRB), the central resolution authority within the European Commission (EC) banking union. The banking union, which as of January 1, 2023, encompasses the 20 eurozone countries, along with Bulgaria, was established as part of the financial system reforms stemming from the Global Financial Crisis and the ensuing European sovereign debt crisis. The SRB’s stated mission is to ensure orderly resolution of failing banks, protect taxpayers from state bailouts, and promote financial stability. Wojcik became SRB general counsel in November 2020. Previously, he was a member of the …

New, Derivative: Third-Party Litigation Finance And Derivatives Regulation, Martin Flores

Washington and Lee Law Review Online

Litigation finance is globally abundant and largely unregulated in the United States. The mechanics behind third-party litigation finance are simple: The funder fronts litigation costs in exchange for a promised share of the proceeds if the litigant succeeds. While the normative debate about the value of these contracts in society endures, the litigation finance industry has new players in hedge funds and other opaque investment firms seeking high returns from risky litigation. Many scholars agree on whether to regulate these third-party litigation finance firms. The key debate rages on how to rein in an unbridled industry.

To add to this …

Two Steps Forward, One Step Back: Illinois’ New Rule On Punitive Damages In Wrongful Death Cases, Alberto Bernabe

Southern Illinois University Law Journal

On August 2023, Illinois Governor J.B. Pritzker signed a bill into law that, for the first time, allows the imposition of punitive damages in torts cases that originate in someone’s death. Unfortunately, the law is flawed because it still unjustifiably bans the imposition of punitive damages in medical and legal malpractice cases. In doing so, by looking to minimize the extent of possible liability in malpractice cases, the legislature focused too much on protecting tortfeasors who act egregiously and too little on creating incentives to reduce the incidence of conduct that constitutes malpractice. As it is, the state of the …