Digital Commons Network^™

Dissenting Opinion?, Richard B. Collins

Publications

Johnson v. M'Intosh is important for its extensive description of the racist Doctrine of Discovery. But its holding had no bearing on legal rights of American Indian nations. The opinion's articulation of tribal rights to land ownership and retained sovereignty were correctly stated.

Textbook List - Summer 2024, Office Of Registrar

Semester Schedules and Information

No abstract provided.

A Comparative Study Of Venezuelan Immigrants’ Pre- And Post-Migration Concerns For Their Children In The United States And Colombia, Aigerim Alpysbekova, Pablo Montero-Zamora, Mary H Soares, Carolina Scaramutti, Sumeyra Sahbaz, Maria Duque, Tara Bautista, Maria Fernanda Garcia, Christopher P Salas-Wright, Mildred M Maldonado-Molina, Melissa M Bates, Augusto Pérez-Gómez, Juliana Mejía Trujillo, Eric C Brown, Seth J Schwartz

Faculty, Staff and Student Publications

Research suggests that forced migration may lead to cultural stress and psychological distress. However, little is known about immigrant parents' pre- and post-migration concerns for their children's welfare. The present study examined the concerns of Venezuelan parents who migrated to the United States versus those who migrated to Colombia, and whether post-migration concerns were related to cultural stressors, mental health, and cultural identity. A sample of 609 Venezuelan immigrants completed surveys and responded to an open-ended prompt asking about pre- and post-migration concerns for children's welfare. Lack of safety was the most common pre-migration concern for Venezuelans in the U.S., …

A Financial Case For A Medical-Legal Partnership: Reducing Lengths Of Stay For Inpatient Care, Barak D. Richman, Breanna Barrett, Riya Mohan, Devdutta Sangvai

GW Law Faculty Publications & Other Works

While Medical-Legal Partnerships (MLPs) have improved the health and well-being of the people they serve, most healthcare institutions will only invest in an MLP if they are convinced that doing so will improve its balance sheet. This article offers a detailed estimation of the cost savings that an MLP targeted toward the most acute legal needs would accrue to an academic medical center (AMC) in North Carolina.

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

GW Law Faculty Publications & Other Works

This article provides an explanation of the unique and critical role of members of the Service Judge Advocate General’s Corps, not only as attorneys providing legal services to commanders, staff, personnel, and family members, but also as Guardians of Ethics for the military, the Profession of Arms. Moreover, military lawyers are key leaders who are responsible to lead or guide others to the right ethical decision. And when Judge Advocates are not present at the table to provide sage, educated, measured, advice—or fail to speak up and address potential ethical issues that arise or they are ignored— military leaders do …

The Cost Of Justice At The Dawn Of Ai, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Justice isn’t free, but it might soon get much less expensive. Policies concerning issues such as arbitration, class actions, and plea bargaining depend on how much legal services cost, but the legal literature has generally ignored past and future cost trends and their implications. The result is a legal system that may change dramatically because of economic forces without active consideration of potential responses. Part of the reason for the lack of attention is that changes in legal productivity can be difficult to measure or forecast. Some commentators have concluded that the legal sector has become more expensive in recent …

Compensation Under The Microscope: What Has Gone Wrong With Oregon's Wrongful Compensation Statute?, Jeffrey Gutman

GW Law Faculty Publications & Other Works

Oregon’s legislature passed one of the country’s most recent wrongful conviction compensation statutes in 2022. Not surprisingly, it borrows statutory structure and language from existing statutes that follow a litigation model in which a plaintiff files a claim for compensation in court and a judge (or jury) decides the case. In the nearly two and half years since passage, only three Oregon exonerees, of 27 listed on the National Registry of Exonerations who are potentially eligible, have received compensation, and two of those were compensated by settlement before even filing a complaint. The storyline of the Oregon statute is one …

In Re Guardianship Of Jones, 139 Nev. Adv. Op. 57 (Dec. 21, 2023), Collin Weires

Nevada Supreme Court Summaries

The Court addressed several issues related to the appointment and compensation of a Guardian Ad Litem (GAL) for Kathleen June Jones (June). First, the Court held that June waived any claim regarding the district court’s failure to state the GAL’s hourly rate in the appointment order because she did not raise it below, and that any error was harmless. Additionally, the Court found an error in the district court’s conclusion that it was required to appoint an attorney as GAL, but found this to be harmless as well, due to the absence of any qualified nonattorney. Further, the Court declared …

The Warrant Impact Study: Evaluating The Effects Of Bench Warrants On Individuals And Communities, Patrick C. Brayer

Faculty Works

No abstract provided.

Rosenberg Institute For East Asian Studies At Suffolk University Annual Report For 2023-2024, Rosenberg Institute

Rosenberg Institute Annual Reports

These reports summarize the activities of the Rosenberg Institute during the academic year, including information related to public programming, visiting scholars, cooperation with the Asian Studies program at Suffolk College of Arts & Sciences, promotion of Suffolk's Asia-related activities, community outreach, and funding. Most reports also contain photographs of scholars, staff, and events.

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman

Touro Law Review

As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …

Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland

Touro Law Review

Prisons and jails are not adequately equipped to manage the ever-growing population of mentally ill inmates. Despite deinstitutionalization efforts, prisons have steadily become the new psychiatric hospitals and unfortunately, because of the lack of treatment and the ability to properly supervise this population of inmates, these individuals are dying by their own hands at an alarming rate. This Note argues that the lack of proper care for mentally ill inmates is a violation of their constitutional right, despite their incarcerated status. The Department of Corrections and Community Supervision (DOCCS) should incorporate more concrete and universal rules and regulations for the …

Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Dan Schulte Jd

The Journal of the Michigan Dental Association

Navigating dental employment agreements involves understanding the enforceability of non-compete and liquidated damages provisions. While these aim to protect the employer's business, courts may scrutinize their reasonability. In Michigan, noncompete terms of two years or less are generally deemed reasonable, and the restricted area must align with the patient base. A $15,000 liquidated damages amount per patient might face challenges, as it should relate reasonably to actual damages. Courts may also consider equitable factors and the employer's adherence to the agreement. Both employers and employees benefit from reasonable restrictions, avoiding potential legal disputes.

Symposium On Rural Lawyers: Keynote Address, Steven R. Jensen

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard

South Dakota Law Review

No abstract provided.

Theorizing Legal Vulnerability To Enhance Rural Access To Justice, Brian R. Farrell, Daria Fisher Page, Ryan T. Sakoda

South Dakota Law Review

No abstract provided.

Building Technology Competence: Navigating The Levels: A Road Map To Proficiency In The Legal Tech Landscape, Kenton S. Brice

Other Faculty Publications

No abstract provided.

Funding Futurist Ideas, David Nows

Nebraska Law Review

Financial investors traditionally prize entrepreneurial ideas that have the potential to capture a large customer base and generate significant revenue quickly. However, entrepreneurial ideas that have the potential to be world-changing but without substantial and quick revenue potential have difficulty raising the capital they need to launch. This leaves solutions to global problems like climate change, misinformation, poverty, and hunger underfunded compared to technology companies that cater to wealthy audiences.

Borrowing from the templates created by the United States through its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, as well as global programs run through …

Patterns In The Tapestry: A Typology Of Collective Giving Groups, Dorothy A. Johnson Center For Philanthropy At Grand Valley State University, Philanthropy Together, Isis Krause, Michael D. Layton

Research, Reports, and Publications

The collective giving movement has seen remarkable growth across the U.S. in recent years, both in participation and impact. Between 2017 and 2023, nearly 4,000 collective giving groups engaged over 370,000 members, mobilizing $3.1 billion to support various causes (Loson-Ceballos & Layton, 2024, p. 1). These figures underscore the scale and scope of this dynamic movement. While all collective giving groups share a commitment to democratic processes for mobilizing and allocating resources for social impact, their structures, composition, and practices vary widely. By understanding and appreciating these differences, we can better grasp how collective giving is transforming philanthropy and driving …

Unjust And Unsafe: The Eviction Experiences Of Latine Immigrant And Farmworker Tenants In Oregon, Natalie J. Cholula, Lisa K. Bates, Alex Farrington, Marisa Zapata, Jacen Greene, Azad Amir-Ghassemi, Colleen Carroll

Sociology Faculty Publications and Presentations

Latine immigrant households often face housing instability due to language barriers, immigration status, and limited access to government resources. Oregon farmworkers experience additional obstacles to safe and stable housing caused by low wages, a lack of affordable housing options, and social isolation. In light of the identified needs and lack of equitable access to resources that this group experiences, the Evicted in Oregon research team conducted focus groups with Latine immigrant and farmworker tenants in Multnomah, Washington, and Marion Counties. The aim was to gain insight into their experiences with eviction and understand how they navigated through evictions during the …

Great Southern Food Community: Snapshot Report, Isabelle Chiera, Jess Doe, Amanda Devine, Melissa Stoneham, Stephanie L. Godrich

Research outputs 2022 to 2026

Food security refers to the adequate physical, social, and economic access to healthy food at all times. The Great Southern Food Community project aimed to identify, map, evaluate and strengthen food security initiatives across the region, to support food security action. This report outlines the findings from the Great Southern Food Community project, detailing the different types of food security initiatives operating within the region. It provides a summary of how Great Southern initiatives are contributing to food security systems change, and how they are working in partnership to deliver their food security initiatives. Based on these findings, region-based recommendations …

Characteristics Of Proliferating Cryptocurrencies: A Comparative Study Between Stable And Non-Stable Cryptocurrencies, Cheuk Hang Au, Gerrard Li, Wen Shou Hsu, Po Hsu Shieh, Kris M.Y. Law

Research outputs 2022 to 2026

The emergence of cryptocurrencies has caught the attention worldwide. Some parties have considered issuing cryptocurrencies an excellent opportunity to raise capital and other businesses. However, the factors that foster the proliferation of cryptocurrency are not fully explored. This paper documented a comparative case study of USDT (a successful stablecoin) and EOS (a successful non-stable cryptocurrency). Based on our findings and previous literature, we suggested a Technology-Institution-Market (TIM) framework for cryptocurrency proliferation. We also elaborated on previous FinTech product development and adoption theories and provided some practical implications for cryptocurrency investors, issuers and regulators.

Examining Social Identity Among Urban School Leaders: A Case Study Of Five Principals In New York City, Victor G. Frias Jr.

Antioch University Dissertations & Theses

Exploring how school leaders address underrepresented student voices, meaning those of marginalized experiences along the continuum of social identity including though not limited to race, class, gender, immigration, and LGBTQ issues in schools is more essential than ever following the novel coronavirus of 2019 (COVID-19). Principals’ social identities (i.e., race, class, and gender), and their connected social locations and personal histories reveal how their leadership styles can contribute to the support of marginalized communities. Hence, this qualitative research study employed a case study methodology to investigate whether and how the social identities and lived experiences of principals in the Brooklyn …

Kimberley Food Community: Snapshot Report, Isabelle Chiera, Jess Doe, Amanda Devine, Melissa Stoneham, Stephanie L. Godrich

Research outputs 2022 to 2026

Food security refers to the adequate physical, social, and economic access to healthy food at all times. The Kimberley Food Community project aimed to identify, map, evaluate and strengthen food security initiatives across the region, to support food security action. This report outlines the findings from the Kimberley Food Community project, detailing the different types of food security initiatives operating within the region. It provides a summary of how Kimberley initiatives are contributing to food security systems change, and how they are working in partnership to deliver their food security initiatives. Based on these findings, region-based recommendations are provided to …

Pilbara Food Community: Snapshot Report, Isabelle Chiera, Jess Doe, Amanda Devine, Melissa Stoneham, Stephanie L. Godrich

Research outputs 2022 to 2026

Food security refers to the adequate physical, social, and economic access to healthy food at all times. The Pilbara Food Community project aimed to identify, map, evaluate and strengthen food security initiatives across the region, to support food security action. This report outlines the findings from the Pilbara Food Community project, detailing the different types of food security initiatives operating within the region. It provides a summary of how Pilbara initiatives are contributing to food security systems change, and how they are working in partnership to deliver their food security initiatives. Based on these findings, region-based recommendations are provided to …

Guide To The Alan Bersin Papers, Alan Douglas Bersin

Special Collections

The Alan Bersin papers consist of records collected by Bersin during his tenure as the Superintendent of San Diego City Schools and the Secretary of Education for the State of California. The vast majority of the records are in the form of correspondence, memoranda, meeting minutes, reports, and newspaper articles. These records delve into the workings of Bersin's office, planning behind such programs as the Blueprint for Student Success, the Institute for Learning, Special Education, and Charter Schools. Correspondence, news articles, and court cases document reaction to those programs from the public, labor unions, and the San Diego Board of …

Toward Equal Access: A Model For Lay Advocacy Programs Serving People Who Are Deaf Or Hard Of Hearing, Melissa Bell

JADARA

Advocacy programs are prevalent among state government agencies that specialize in serving persons who are deaf or hard of hearing around the United States. The work is crucial to ensuring equal access and equal opportunity, yet the lay advocacy profession is not yet formalized with certification, ethical standards, or training programs for advocates serving this population. Research was conducted to advance efforts to maximize these programs’ effectiveness by compiling components of an ideal model for lay advocacy programs. Directors from state agencies that specialize in serving this population around the country refined the model and described the structure of their …

The Sociology Of Bail Reform: Crime, Social Interaction, And Offender Experiences In Rurality., Scott Kevin Turner

Graduate Theses, Dissertations, and Problem Reports (ETD)

The study sought to explore the impact of the New York State “Bail Reform Act of 2019,” in rurality. It examined some of the legislative goals of the law, the claim that it caused crime, and offender experiences in rurality. Secondary data was used to map the rural crime landscape and primary data was collected from offenders during face to face interviews. The study was framed using deterrence and opportunity approaches and situated within the broader field environments; legislative, courtroom, and community. The research failed to find support for the claim that bail reform caused crime. Instead, it revealed that …

Osgoode Syllabus Of Courses And Seminars: 2024 - 2025, Office Of Student Services

Syllabi

No abstract provided.