Digital Commons Network^™

Genao V. Chen

All Decisions

The case involves a tenant petitioning for correction of violations of the Housing Maintenance Code (HMC). Following a Consent Order to Correct (OTC), the tenant filed an Order to Show Cause (OSC) seeking to restore the matter to the calendar for various relief, including penalties for non-compliance with the OTC. Despite service, the respondent failed to appear, leading to an inquest where the tenant provided evidence of non-compliance with the OTC. The court found the respondent in civil contempt for failing to correct a specific violation, ordering fines and potential incarceration if contempt was not purged within a specified time …

Addressing Service Gaps For Underserved Populations Of Gender-Based Violence: Insights From A Midwestern State Needs Assessment Survey, Ziwei Qi, Annalise Loucks, Suzanna Schneider

SACAD: Scholarly Activities

Abstract:

Understanding the prevalence and service needs of underserved populations affected by gender-based violence (GBV) is crucial, as their experiences are often underreported, and existing services frequently fall short of effectively addressing their needs. In this presentation, "underserved populations" refers to historically marginalized, underrepresented, and inadequately supported groups as victims of GBV.

The presentation examines various services, including direct forms like shelter and advocacy, and indirect approaches such as systemic interventions and policy reform. Conducted in a Midwestern state, the presentation involved insights from advocates, victim shelter staff, law enforcement, and legal professionals, totaling 41 responses. Findings reveal significant service …

Robert Wharton V. Superintendent Graterford Sci

2024 Decisions

USDC for the Eastern District of Pennsylvania

“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry

Cleveland State Law Review

On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …

Tatum V. Jack

All Decisions

In a non-payment proceeding before the Civil Court of the City of New York, Kings County, Judge Karen May Bacdayan granted the landlord's motion to vacate a stipulation of settlement entered into between the parties. The court found that although there was no clear evidence of mutual mistake at the time of the stipulation, there existed a material error that warranted vacating the agreement. Key legal points include the court's discretionary power to relieve a party of an agreement if it can be shown that the mistake is substantial and that vacatur is necessary to prevent unjust enrichment. Additionally, the …

Vol.51 N.33 March 7th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

Gibbs V. State [State Of Nevada], 140 Nev. Adv. Op. 13. 543 P.3d 1185 (Mar. 7, 2024), Weston T. Robinson

Nevada Supreme Court Summaries

Absent additional evidence of waiver, a defendant does not waive his attorney-client privilege even when he makes phone calls during pretrial detention that are in violation of detention center phone use policy and uses a three-way phone service to connect to his defense investigator. Though district courts use discretion in admitting or denying evidence, these uses of discretion can be reviewed on appeal, and reversed if not harmless.

Criminal Justice Roundtable | Solitary Confinement: Cruel And Unusual Punishment, Criminal Justice Institute

Criminal Justice Institute

March 6, 2024

The Link March 5, 2024, Access To Justice Institute

The Link Newsletter

No abstract provided.

How To Keep Youth Out Of Trafficking, Taylor Baierlein

National Youth Advocacy & Resilience Conference

There are more children in slavery today, more than any other time in history because of how lucrative and fast-growing the human trafficking industry has become. Many people do not realize that this is happening in their own backyards. I will be raising awareness, teaching preventative strategies, and giving tools to support the youth in your life.

Making A Life In America With Help From Nyls Faculty And The Safe Passage Project, Julia Sonenshein

NYLS Community News

No abstract provided.

Positive Liberty, Negative Liberty, And Marketing Regulations: A Holistic Analysis, Tony Yan, Michael R. Hyman

Global Business Leadership Faculty Publications

Marketing regulations are warranted when unfettered marketing practices compromise many people's positive and negative liberties. We elucidate these liberties’ multifaceted but interdependent connotations for societally justified marketing regulations from a novel framework integrating the social sciences, philosophy, history, and marketing. The limitations of unbalanced or less represented market or government regulation notwithstanding, overcoming marketing imbalances and enhancing personal and societal liberties via pluralistic, well-designed, enforceable, and multilateral regulations can advance a pluralistic democracy's diverse market-related interests. By informing companies and consumers about societally responsible liberties, well-regulated marketing can spur common goods creation.

Reviewing School District And Caregiver Engagement: Toward Building Capacity To Serve English Learners, Emily Howell, Rebecca Kaminski, Tobi Pirolla

Publications

The authors conducted a comprehensive literature review of school district partnerships with caregivers of ELs to inform this project design. This literature review addresses the following research question: What are the needs of caregivers of ELs in K-12 schools, and how are school partnerships supporting these caregivers? This literature review will address these gaps and overcoming EL caregiver underrepresentation by discussing seven focused and three theoretical codes drawn from a comprehensive review of 21 articles.

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.

Private Equity Investment And The Corporate Practice Of Medicine In North Carolina, Wright W. Crawford

North Carolina Banking Institute

No abstract provided.

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …

Momentum: Experiential And Public Service Learning At Mercer Law School At The 150th Anniversary And Beyond, Sarah Gerwig

Mercer Law Review

In this, the 150th year since Mercer University opened the doors of its fledgling law school, it is good to reflect. We reflect on who we are, where we came from, where we want to be in 2173, if law school and the law and humankind still exist 150 years from now.

Law school faculty and administration often describe our students’ ethic of public service; 1Ls (as we call them with affection) often arrive eager for opportunities to help others—and help they do. Almost every student-led organization spearheads generous annual volunteer projects, including coordinating backpack donation drives, providing holiday presents …

Nudging Improvements To The Family Regulation System, Josh Gupta-Kagan

University of Chicago Law Review

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Consumer Law For Gen Z Law Students, Neil Sobol

Faculty Scholarship

Whether they are consumers, representing consumers, or advising clients dealing with consumers, law school graduates will inevitably confront numerous consumer law issues. Moreover, most students entering law school are members of Generation Z and face a new wave of consumer laws arising from the 2007–2009 recession and the rapid growth of new technologies. Clickwrap agreements, email spoofing, cybercrimes, cryptocurrencies, fintech, identity theft, online disparagement, data privacy, artificial intelligence, robocalling, and autonomous vehicles are among the evolving topics in modern consumer law. Despite the growth in consumer law concerns, many law students have limited access to consumer law options, with almost …

Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first significant legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline regime for federally appointed judges. This essay is a contextual analysis of Bill C-9. The authors begin by outlining a conceptual framework which identifies eight public law goods that can guide an assessment of a complaints and discipline system. They then locate Bill C-9 in a historical context by identifying a crisis of legitimacy that had overtaken the Canadian Judicial Council by the early …

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …

Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green

Fordham Law Review

There is a growing “access to justice” movement that is principally driven by lawyers and judges. It has multiple objectives. One such objective is to make state court proceedings fairer, more reliable, and more accessible. This is important because state courts have a significant impact on peoples’ lives. They are where family members lose custody of children, where property owners obtain permission to evict tenants, where creditors are empowered to repossess people’s cars or garnish their wages, and (in some jurisdictions) where judges send people to jail to compel them to pay judgments or fees that they cannot afford to …

Middle Georgia Justice—Closing The Justice Gap, William P. Adams, Amy Griffith Dever

Mercer Law Review

The justice gap in middle Georgia is large and causes harm to the entire community, not just the citizens denied access to meaningful legal remedies. Self‑represented litigants create problems for the courts by clogging the dockets and for themselves due to bad outcomes. The ideal of a lawyer representing every litigant is not obtainable. The substantial amount of unmet legal needs in our community easily overwhelms the limited availability of pro bono legal services. As a result, non‑profit agencies in Macon, Georgia such as Middle Georgia Justice, Georgia Legal Services Program, and Crisis Line & Safe House step up to …

Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes

Mercer Law Review

Hon. William Augustus Bootle, a 1925 graduate of Mercer Law School and 1924 graduate of Mercer University, penned of his alma mater, “[the] school was conceived in professionalism and dedicated to excellence.” Similarly, “Altruism, not the promotion of selfish aims, has been the inspiration of the [Georgia Bar] Association throughout its entire history.” As noted by Judge Bootle, Mercer Law School’s legacy of service to the profession began long before the establishment of the State Bar of Georgia as we know it today.

Today, Mercer Law School remains dedicated to serving the legal profession. This commitment to serve and devote …

Alumni Voices: Insights From International Graduates Of Uk Education, Sladana Krstic, Alexander Towne

ACER UK

The British Council, in partnership with ACER, designed and developed a survey consisting of an online questionnaire and interviews, to gather information from international alumni systematically and periodically, with the purpose of building a valuable longitudinal dataset. This research report relates only to the first year of the survey. The long-term aim is to conduct this survey annually, for an initial period of five years. The longitudinal survey has the following three overriding objectives: • To gather evidence of the value of international education in the UK. This means value to the UK in terms of long-term relationships, business links, …

Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan

Faculty Scholarship

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Re-Examining Judicial Review Of Delegated Legislation, Kenny Chng

Research Collection Yong Pung How School Of Law

The usage of delegated legislation as a means of governance deserves significant attention, in view of the enormous impact that it is capable of having on the lives of citizens. While reforms to the process of parliamentary scrutiny are an important means of minimising the inappropriate usage of delegated legislation, this paper explores the possibility of drawing more fruitfully upon judicial review as an additional control mechanism. It undertakes a theoretical analysis of what makes delegated legislation distinct from primary legislation and other types of executive action for the purposes of judicial review, with a view towards identifying the proper …

Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind

Vanderbilt Law Review

28 U.S.C. § 1407 allows for the centralization of unique cases into a single forum for pretrial purposes. The product is multidistrict litigation, known colloquially as the “MDL.” While initially conceived as a means of increasing efficiency for only particularly massive, complex litigation, MDLs have become pervasive. Today, over fifteen percent of all civil litigation—and fifty percent of all federal civil litigation—is consolidated into MDLs. Yet, MDLs are commonly overconsolidated, such that only one judge presides over hundreds, thousands, or even hundreds of thousands of individual cases at a time. Fewer than three percent of such cases return to their …