Digital Commons Network^™

Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Jpmorgan Chase Bank, National Association V. Carrasquillo

All Decisions

In this post-foreclosure holdover proceeding, the court found the predicate notice defective due to the petitioner's failure to comply with the required 90-day notice under the Protection Tenants at Foreclosure Act (PTFA). The petitioner issued a conflicting notice that created ambiguity by presenting two timelines and then filed for eviction within two weeks, violating the notice's provisions. As a result, the court dismissed the case without prejudice, emphasizing that a defective notice cannot be amended.

Mandalay Leasing L.P. V. Andall

All Decisions

In this nuisance holdover proceeding, the landlord's claims of the tenant's alleged violent behavior toward staff were insufficient to establish a pattern of nuisance. The court found that the incidents described lacked the necessary specificity and did not demonstrate a sustained risk or significant harm, leading to the dismissal of the petition.

Bridging Boarders: Ngo Involvement With Moroccan Immigrants In Andalusia, Stephen Allgeier

Global Studies Senior Capstone

This paper examines the cultural, economic, and political barriers that legal and documented Moroccan immigrants experience throughout their assimilation journey and analyzes the various roles NGOs play to help them navigate these challenges to integration. Furthermore, it will attempt to explain the limitations that these NGOs encounter as well as offer suggestions to better their efforts in supporting Moroccan immigrants in Andalusia.

State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Amicus (Fall 2024), University Of Colorado Law School

Amicus

Issue at a Glance

• Spotlight on Colorado Law's legal clinics

Gold & Blue Law Edition, Fall 2024, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Fall 2024 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

2024-2025 Etsu General Academic Operating Budget (October), Budget And Financial Planning, East Tennessee State University

ETSU General Academic Operating Budgets and Analysis

No abstract provided.

Intimate Partner Violence: Access To Protection Beyond The Pandemic, Rachel J. Wechsler

Faculty Publications

Civil protection orders are the most common legal remedy victims pursue in response to intimate partner violence (IPV). They are more empowering for victims than the criminal legal system because victims themselves drive the process, instead of prosecutors, and they offer more flexible and tailored relief. This Article argues that victims should be able to choose how they file petitions and participate in civil protection order hearings, and that judges should be required to honor those preferences absent good cause. This conclusion is driven by two new, original sets of empirical data collected from IPV survivors who have sought civil …

Gold & Blue, Fall 2024, St. Mary's University - San Antonio, Texas

Gold & Blue

This is the Fall 2024 edition of Gold & Blue which is St. Mary's University's official school publication.

Itihas Vol. 24 Issue No. 4, Sastra Univ

ITIHAS

NEWSLETTER FROM SASTRA DEEMED UNIVERSITY

Producer Services: An Engine For High-Wage Job Growth, October 2024

Bureau of Business Research Publications

Producer Services: An Engine for High-Wage Job Growth from the Bureau of Business Research at the University of Nebraska, October 2024.

Client Confidentiality As Data Security, Jonah E. Perlin

Washington Law Review

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …

State Solutions To Human Trafficking: A Critical Backbone In Combating The Tragedy, Gabriella Weiss

Honors Theses

This honors thesis paper provides an overview of human trafficking in the United States and the states’ roles for addressing the problem. It starts off by describing the background behind human trafficking, including the typical victims, perpetrators, and the locations where victims are found. In order to better understand the context of state solutions, the next section describes the current federal government’s anti-human trafficking efforts as that is important to better understand state roles and responsibilities. This section includes the current enacted laws and legislatures, victim services, awareness programs, intelligence sharing and investigation agencies, and funding. The state section includes …

Law Schools Should Substantially Increase Instruction In Mediation Representation, John Lande

Faculty Publications

American law schools generally focus 10% or less of their mediation curriculum on mediation representation. As shown in a survey of faculty teaching mediation and an analysis of course syllabi in this article, most of the instruction focuses on the role of a mediator.

This is a problem for several reasons. New graduates represent clients in mediation much more frequently than they mediate. Clients usually need professional advice to evaluate their cases and develop strategies, which mediators cannot provide. This is precisely the important service that attorneys can provide, but we teach students very little about what to do when …

Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

The Shortseller Enrichment Commission? Whistleblowers, Activist Short Sellers, And The New Privatization Of Public Enforcement, Alexander I. Platt

Washington Law Review

Two developments have transformed the detection of corporate fraud in the last decade: the Securities and Exchange Commission’s Whistleblower Bounty Program (WBP) and the rise of activist short sellers. The WBP offers up financial bounties to individuals who bring forward actionable information about securities fraud. Activist shorts conduct due diligence to identify overvalued public companies, take short positions, reveal the negative information, and then enjoy trading profits if and when the stock tanks. Considered separately, these institutions are widely regarded as socially valuable innovations that help deter fraud.

But, it turns out, they are not fully separate. Activist shorts have …

The Future Of Work In The Era Of Ai, Orly Lobel

Indiana Law Journal

Artificial intelligence (AI) is revolutionizing both work itself and the processes of employment—hiring, recruitment, evaluation, compensation, performance analysis, retention, and job mobility. This Essay, based upon the 2024 Indiana Law Journal annual William R. Stewart Lecture, examines the effects of AI on work and argues for a holistic approach that harnesses the benefits of automation while addressing the inevitable systemic changes that AI is rapidly bringing to the labor market. The Essay examines two industries in which AI is already changing labor market demands: trucking and the performing arts. The Essay argues that while the automation can often increase efficiency …

New Governance And New Technologies: Creating A Regulatory Regime For The Use Of Generative Artificial Intelligence In The Courts, Raymond H. Brescia

North Carolina Journal of Law & Technology

No abstract provided.

Three's A Crowd: Addressing Discrimination Faced By Queer De Facto Parents In Child Custody Standing Proceedings, Shannon E. Callaghan

William & Mary Journal of Race, Gender, and Social Justice

In the United States, between five percent and eight percent of adults identify as queer, and as of 2020, fifteen percent of queer couples have children in their households. While recent legal victories have expanded queer rights, family law continues to lag in affording legal recognition to “nontraditional” families. This is particularly problematic for unmarried, queer co-parents who have virtually no legal claims to the children they have raised with their partners. Current standing requirements for custody proceedings treat these de facto parents as legal strangers to their children due to the absence of biological, marital, or adoptive ties. As …

Client Confidentiality As Data Security, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …

Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo

Fordham Law Review

Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …

Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long

Washington and Lee Law Review

Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …

An Indecent Proposal? A Remedy For Those Damaged By Judicial Malpractice, Michael G. Cortina

Northern Illinois University Law Review

Judicial immunity in the United States primarily exists so that jurists can exercise their duties to the best of their abilities without the fear that they may be subjected to liability should they commit an error in judgment. While such immunity certainly has a proper and noble purpose, the unintended consequence of it is sometimes that those harmed by improper judicial rulings have no civil remedy despite being harmed by a judge’s malpractice. At the end of this paper, the author suggests a possible remedy for those harmed by a judge’s errant decision if that ruling cannot be cured on …

Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria

Cardozo Journal of Equal Rights & Social Justice

The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.

Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black

Suffolk University Law School Faculty Works

For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles …

Abolish The Mpre, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

In nearly every jurisdiction, applicants to the bar must pass the Multistate Professional Responsibility Examination (MPRE). Its purpose, according to its owner, the National Conference of Bar Examiners (NCBE), is “to measure candidates’ knowledge and understanding of established standards related to the professional conduct of lawyers.” It does test whether an examinee has kept in short-term memory the rules and exceptions that make up part of the understanding of what it means to serve as a lawyer. However, success (or initial failure) on the MPRE has not been correlated with ethical conduct or misconduct. For example, the Texas Board of …

The Impact The Monetary Value Of A Case Has On Effort And Productivity Within The Field Of Personal Injury, Maximiliano Elizondo

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• To preserve, protect and expand
• Road to victory
• Welcoming a legal luminary
• Scholarly Impacts and Recognitions
• Pro bono pathways
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors