Digital Commons Network^™

Court Review: Journal Of The American Judges Association, Vol. 60, No. 4, Eve M. Brank, David J. Dreyer, David Prince

Court Review: Journal of the American Judges Association

Wrapping Up Our Anniversary Series and Seeking the Courage to Learn, David Prince

What Do the Findings from NCSC’s Six Public Opinion Surveys Mean for Judges? David B. Rottman

Observations from NCSC’s State of the State Courts Public Opinion Surveys, Jesse Rutledge

Fiction with Potential Repercussions: An Update on the CSI Effect, Melissa Corbett and Veronica Stinson

Fact or Fiction? The Myth and Reality of the CSI Effect, Stephen M. Smith, Veronica Stinson, and Marc W. Patry

A Fractured Supreme Court: Select Criminal Law and Procedure Cases from the Supreme Court’s 2023-24 Term, Eve Brensike Primus and Jordan Schuler

Editor’s …

Out-Of-State Abortion On Company Dime: An Analysis Of State Legislation And Erisa, Erin Elizabeth Hanlon

American University Business Law Review

This Note analyzes the various types of state abortion bans, focusing on those with aiding and abetting clauses. These bans impose civil liability for anyone, including companies providing abortion access benefits, who help a pregnant person gain access to abortion. Additionally, this Note analyzes federal legislation to determine if any retaliatory actions taken against companies violate federal law. This legislation includes the Employee Retirement Income Security Act (“ERISA”) which creates uniformity in insurance and benefits coverage by superseding any state law that references or relates to an ERISA plan. Many advocates believe that ERISA is a company’s greatest defense to …

Spanish On Bulletin Boards In Baltimore Public Libraries, Francisco Martínez Ibarra

International Journal of the Linguistic Association of the Southwest

Public libraries provide not only a safe space to access information but to interact with other members of the local community as well. The purpose of my paper is to study communication practices derived from posting messages on analog bulletin boards in Baltimore, Maryland. A few of the questions that guide my exploration are: who uses the bulletin board and how is it structured linguistically? Are Spanish and English used any differently regarding the author and the topic of the message? Does language use align with the demographics of the community?

I collected 488 texts from a total of 36 …

Arbitrary And Capricious X Artificial Intelligence, Zoe Niesel

Faculty Articles

The "arbitrary and capricious" review standard has been interpreted to govern the judicial review of agency factual findings that are produced through informal rulemaking or informal adjudication. In contrast, agency factual findings that are produced through formal rulemaking or adjudication will be reviewed under the Administrative Procedure Act, Section 706(2)(E), which states that such findings can be set aside if they are "unsupported by substantial evidence." While the standards technically vary-factual findings that are the product of informal procedures will warrant arbitrary and capricious review, while factual findings that are the product of formal procedures will warrant substantial evidence review …

Community Integration Experiences Of Formerly Homeless Persons With Serious Mental Illness (Smi) Housed In Washington Dc Using The Housing First Model, Gwendolyn Harter

West Chester University Doctoral Projects

Two interventions which have been successful in housing and maintaining housing for individuals who have serious mental illness and are classified as chronically homeless are the Housing First Model and community integration. Currently existing models of community integration were created using dated information and definitions, created from a medical model and not a social framework. Therefore, this dissertation used a phenomenological approach to define community and whether, by that definition, the participants feel integrated into the community. This included the interviewees’ experiences with Pathways to Housing DC and transitioning from homeless to housings and the Housing First Model.

Outcomes from …

Process [Ill]Defined: Immigration Judge Reviews Of Negative Fear Determinations, Jocelyn B. Cazares Willingham

Journal Articles

In 2023, the Biden Administration announced its plan to enhance the use of summary removals, which are administered and completed by low-level immigration officers without further process unless there is an articulated fear of return by the noncitizen. This fear articulation triggers a fear interview with an asylum officer who determines whether the noncitizen has a credible or reasonable fear of return—a process that the Biden Administration further shortened while effectively imposing a higher fear standard through a recent finalized rule. A negative fear determination results in immediate removal unless the noncitizen requests review by an immigration judge. In 2019, …

New Rules For A New Era: Regulating Artificial Intelligence In The Legal Field, Hunter Cyran

Journal of Law, Technology, & the Internet

As Artificial Intelligence (AI) continues to evolve at a rapid pace, many industries have already started integrating new technologies to reduce costs and labor. While this is practical for some industries, the legal industry should be cautious before fully integrating AI. Some legal-service providers are already developing and offering new AI products. But the legal industry must approach these new products with some skepticism. While AI may eventually bring positive changes to the legal industry, AI currently has many flaws. This can create negative unintended consequences for attorneys and judges that are unaware of these flaws. Further, AI is not …

Mutiny For A Bounty, Emily Strauss, Joseph A. Grundfest

Faculty Scholarship

Experience teaches that attorneys may violate duties of confidentiality and trust to pursue personal gain. Multiple insider trading, embezzlement, and fraud prosecutions prove the point. The Dodd-Frank Act of 2010 establishes a bounty regime whereby certain whistleblowers are eligible for awards of 10%–30% of Securities and Exchange Commission (“SEC”) enforcement recoveries exceeding $1 million. Since its inception, this program has paid at least 207 whistleblowers more than $1 billion. The Commission’s bounty program thus may be a meaningful inducement to breach privilege.

The SEC asserts that its whistleblower authority preempts state law and that it can accept attorney–client privileged information. …

Access To Justice: A Roadmap To Creating And Launching Consumer Bankruptcy Experiential Programs In Law Schools, Ishaq Kundawala

Articles

It is increasingly difficult for people who need consumer bankruptcy relief to access it. Ironically, many of the people who most need it cannot afford it, and oftentimes they come from underserved communities. Large-scale solutions to this access to consumer bankruptcy problem have been discussed, and even proposed, but not yet implemented. While law schools cannot solve the access problem without congressional intervention, they can, at least, take steps to improve the status quo. One way law schools can address this problem is to create experiential programs focusing on consumer bankruptcy.

These types of programs offer a dual benefit. They …

Fighting Chance: Integrated Social Work Law Firm, Stephanie Plude

Dissertations and Honors Papers

A 5-year business plan, with $10,000 in start-up funds, for a Connecticut nonprofit law firm employing both social workers and lawyers to provide services (legal and otherwise) to low-income clients who are not able to access legal services at legal aid clinics. The plan includes market assessment, budget, cash flow management, and hiring and scaling plan.

Business Proposal Of Online Copyright Protection Platform For Digital Assets, Zehui Feng

MA Projects

Copyright protection is crucial for digital art assets as they are easily replicable and distributable in the digital realm. Without proper protection, artists and creators face the risk of unauthorized use, infringement, and loss of control over their work. Copyright protection ensures that artists receive recognition for their creations, have the ability to monetize their work, and maintain control over its usage. The proposed copyright protection platform aims to provide a comprehensive solution for safeguarding digital art assets. Drawing inspiration from successful platforms like Digimarc, Getty Images, and Copyscape, our platform will incorporate advanced technologies such as digital watermarking, extensive …

"Reconstitute": Business Plan Of A Start-Up Art Invsetment Bussiness: Artvest, Jianing Wang

MA Projects

Art is still used as a financial hedge in times of economic uncertainty. According to Artnet’s Financial Art Index, “The art market outperformed the S&P 500 from January 2022 to July 2023, with art returns rising by 4.2% in nominal terms, while the S&P 500 lost 6.6% during the same period.” 1 Although we are currently in a period of uncertainty about the future global economic outlook, the impact of fluctuations in art prices is relatively low. ArtVest will establish against post-pandemic New York in 2024, seamlessly bridging the realms of art and investment. ArtVest recognizes the potential in the …

Business Lawyer Leadership: Valuing Relationships, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Professor Bill Sennett’S Comments On Professor Heminway’S Presentation, Bill Sennett

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Teaching Transactional Business Law Through Campus And Community Partnerships, Joan Macleod Heminway, Brian Kingsley Krumm

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Taking Care Of Business Where Business Takes No Care, Chris Adams, Missy Risser

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A New Approach To Attorney Regulation, Jon J. Lee

Faculty Articles

For more than half a century, jurisdictions have relied on threats of disciplinary sanctions—sticks—to try to coerce attorneys to act in an ethical manner. In doing so, they have focused their efforts on establishing minimum standards of practice and sanctioning only those attorneys who fall well short of them. By crafting general rules that apply to all attorneys, however, jurisdictions have ignored the considerable differences that attorneys face as a result of their practice settings, years of experience, or individual identities. Furthermore, jurisdictions have struggled to establish clear standards to guide attorneys regarding their obligations—precisely because the settings in which …

Media Matters V. Paxton, District Court For The District Of Columbia

Historical and Topical Legal Documents

No abstract provided.

From Rights To Justice: Perspectives On Access To Disability Justice In Britishcolumbia (Attorney General) V. Council Of Canadians With Disabilities, C. Tess Sheldon, Karen R. Spector, Ruby Dhand

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Relying on the Supreme Court of Canada’s decision in British Columbia (Attorney General) v. Council of Canadians with Disabilities as illustration, this paper aims to broaden perspectives about the availability of disability rights and disability justice. The first section considers the access to justice concerns that flow from the initial decision to deny standing to the Council of Canadians with Disabilities. Second, it addresses the barriers to accessing justice for persons with disabilities that grounded the case and the disproportionate impact of the impugned mental health legislation on equity-denied communities. The final section evaluates the persistence of procedural and substantive …

A Lifeline During Custodial Interrogations? The Right To Counsel And Reflections On R. V. Dussault And R. V. Lafrance, Amar Khoday

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In 2022, the Supreme Court of Canada issued two judgments with respect to the constitutional right to counsel: R. v. Dussault and R. v. Lafrance. This right is located in section 10(b) of the Canadian Charter of Rights and Freedoms. Specifically, both decisions concern an accused’s right to reconsult counsel in the context of custodial police interrogations. Further to earlier Supreme Court jurisprudence regarding an individual’s constitutional right to counsel, an accused is permitted to consult a lawyer prior to police questioning. Police must refrain from questioning the individual until that individual has had an opportunity to consult a lawyer. …

Artificial Intelligence And The Practice Of Law Part 2: Working With Your New Ai Staff Attorney, Michael D. Murray

Law Faculty Popular Media

No abstract provided.

Town Of Greenfield 2023 Annual Reports For Fiscal Year Ending December 31, 2023., Greenfield Town Representatives

Greenfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Sanbornton 2023 Annual Report., Sanbornton Town Representatives

Sanbornton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Reports Of The Officers Of The Town Of Sandwich, New Hampshire For The Year Ending December 31, 2023., Sandwich Town Representatives

Sandwich, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Untangling Unreliable Citations, Margie Alsbrook

Articles

Citations are the vernacular that the legal profession uses to communicate the precedents that underline our arguments and analysis. They are the building blocks of legal communications and legal arguments, and lawyers and judges need to be able to rely upon the accuracy of each other’s citations to work in a stabilized democracy. Democratic stability is in jeopardy due to an erosion of norms from a variety of well-documented sources, most of which are well beyond the control of the average lawyer. But lawyers and judges can control the reliability of the authority we use in our own work product, …

The Rural Lawyer Shortage As (Surprising) Scholarly Impetus, Lisa R. Pruitt

South Dakota Law Review

No abstract provided.

The Scandal Of Particularity: A New Approach To Rural Attorney Shortages And Access To Justice, Michele Statz

South Dakota Law Review

No abstract provided.

A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers

Faculty Publications

Third-Party Litigation Funding (TPLF), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff's pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent fee agreement, this type funding model enables a party to bring a lawsuit even if it does not have the resources to pay the up-front costs of the litigation. The important difference is that the litigation funder is not counsel to a party in the case, and that TPLF essentially …