Digital Commons Network^™

The Next Gerneration Professional: An Opportunity To Reframe Legal Education To Center Student Wellness, Benjamin Afton Cavanaugh

Hofstra Law Review

The article discusses the challenges of mental wellness and mental health in legal education, particularly in law schools. It highlights issues like depression, anxiety, and stress among students and legal professionals. It emphasizes the need for reform in legal education to address these mental health concerns and advocates for a more comprehensive approach to promote well-being in the field.

Medical-Legal Partnership As A Model For Access To Justice, Yael Cannon

Georgetown Law Faculty Publications and Other Works

The United States is plagued with a “justice gap” that leaves many Americans with unmet civil legal needs. Americans with low income do not receive the legal help they require for as many as 92% of their substantive civil legal problems. The justice gap requires many legal aid agencies to triage, becoming “emergency rooms” for clients with unmet legal needs. This national crisis calls for new innovations so that access to justice (A2J) can function more like primary care, promoting better use of resources and preventing legal crises that can cause long-lasting harm.

Medical-Legal Partnerships (MLPs) embed lawyers in healthcare …

Heal The Hood: An Exploration Of Community And Organizational Assets In Chicago's Twentieth Ward, Jasmine James

Dissertations

This study seeks to expand upon Empowerment Theory (Rappaport, 1984) by utilizing Asset Based Community Development to better understand what community members and organizations deem as current strengths and needs of Chicago’s twentieth ward. The questions that this dissertation explores are What strengths exist in Chicago's 20th ward that can lead to empowerment for the community and What are community members' perspectives on what is needed in the 20th ward for community members to thrive? In order to explore these questions, this dissertation moves away from the terminology of “community needs assessment” and chooses to rather focus on Asset Based …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson

Alaska Law Review

Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …

Denying The Disability: The Phrase “Regular Occupation” In Long-Term Disability Benefit Plans, Luke Nelson

Penn State Law Review (2003 - Present)

No abstract provided.

Ticketing Poverty: An Analysis Of The Discriminatory Impacts Of Public Intoxication By-Laws On People Experiencing Homelessness In Montreal, Emily Knox, Jeanne Mayrand-Thibert, Michelle Pucci

Dalhousie Journal of Legal Studies

Municipalities like Montreal penalize what they consider public disturbances through by-law infraction citations, or “tickets,” that are issued to people experiencing visible homelessness at a disproportionate rate. This is a pattern we observed over the course of two years during our time at a legal clinic providing legal information to people in precarious housing situations. In this article, we propose that Montreal’s by-laws prohibiting public drinking and public intoxication adversely impact unhoused people and are discriminatory under the Quebec Charter of Human Rights and Freedoms, a quasi-constitutional human rights instrument unique to Quebec. Drawing from research by criminologists and …

Exclusion From Income Of Compensation For Services And Pooling Of Labor Occuring In A Noncommercial Setting, Douglas A. Kahn

Florida Tax Review

When cash is received for services, it typically will constitute gross income to the recipient. But what if the payments are made in a noncommercial setting such as the payment by a parent to a child for mowing the lawn or performing household chores? As discussed later in this Essay, there are reasons to conclude that such payments do not constitute income. The problem of how to treat receipts from a noncommercial activity frequently arises in the context of an exchange of services. A similar problem arises when services are provided by several persons pursuant to a pooling of labor …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation, Michael Hatfield

Florida Tax Review

This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage.

#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray

Global Business Law Review

This note examines the Supreme Court’s substantial need to weigh in on how filter teams should be used given current circuit splits and identifies several best practices to remedy the issues they currently present. Part I discusses the principal issues for which filter teams are scrutinized. Namely, numerous district courts hold that filter teams provide the government with the unfair advantage of determining which materials from their opposing counsel are privileged. This often leads to an overly broad inclusion of privileged documents, which can violate defendants’ Sixth Amendment rights to a fair and complete trial. Some courts even go so …

Ndls Communicator: Week Of 05.30.22, Notre Dame Law School

NDLS Communicator

The Latest News

• G. Marcus Cole reappointed as dean of Notre Dame Law School
• Paolo Carozza receives ND faculty award
• Becket Fund for Religious Liberty presents ND Law Dean G. Marcus Cole with 2023 Legal Service Award
• ND Law to hold third annual Notre Dame Religious Liberty Summit in London
• UK House of Lords member David Alton to receive 2023 Notre Dame Prize for Religious Liberty
• Conference in Chile explores religious liberty and educational pluralism in Latin America and the Caribbean
• Professor Marah Stith McLeod holds criminal law workshop at Notre Dame’s Kylemore Abbey
• Program on Church, State & Society …

Natural Law, Assumptions, And Humility, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties and …

Natural Law, Assumptions, And Humility, Ezra Rosser

Texas A&M Journal of Property Law

This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties …

Becket Fund For Religious Liberty Presents Nd Law Dean G. Marcus Cole With 2023 Legal Service Award, Notre Dame Law School

2019–Present: G. Marcus Cole

The Becket Fund for Religious Liberty presented its 2023 Legal Service Award to Notre Dame Law School Dean G. Marcus Cole on Thursday, May 25, at Becket’s annual gala in New York City.

Becket selected Dean Cole to receive the award in recognition of his trailblazing expansion of the clinic concept in launching Notre Dame Law School’s Religious Liberty Initiative.

Perma.cc

Anatomy Of A Disaster Under The Internal Revenue Code, Francine J. Lipman

Florida Tax Review

This Article describes the assortment of disaster relief and the federal income tax issues experienced by disaster victims.

As a framework for this analysis, the Article will illustrate the various tax issues for a hypothetical family named the Bells who lost everything in the 2003 Southern California wildfires. Part II describes the many types of disaster relief for individuals and households including grants and loans from government agencies, reimbursements from private insurance providers, assistance from charitable and other non-profit organizations and gifts from family, friends and strangers. Part III discusses the tax consequences of these relief payments and various other …

The Ethics Of Tax Cloning, Anthony C. Infanti

Florida Tax Review

In the United States, the limits on a fiduciary’s activities are usually developed by analogy, using existing fiduciary relationships as a guide. Many of the American neutral experts advising transition countries are attorneys, and as such are fiduciaries whose activities are confined within prescribed ethical boundaries. In addition, the subject of the neutral experts’ advice—whether they, as individuals, happen to be attorneys or not—is law reform. By rendering advice concerning the proper structure and content of a country’s tax laws, these experts are rendering what is arguably legal advice—broadly construed. In view of the nature of the advice being given …

The Good, The Bad, And The Ugly In Post-Drye Tax Lien Analysis, Steve R. Johnson

Florida Tax Review

In December 1999, the Supreme Court decided Drye v. United States. The Court's unanimous opinion should infuse tax lien litigation with greater clarity and precision.

This article explores whether this promise is being realized. Although Drye was decided only fairly recently, several dozen lower court cases have applied it. Have they done so well? Part II of this article describes Drye and contemporary tax lien analysis in light of it. Part II assesses whether Drye changed the law or just clarified what had been the law but often was misunderstood. Although ammunition exists to fight for either interpretation, I …

Vol.50 N.44 May 25th 2023, Voice Media Ventures

Black Voice News

No abstract provided.

The Effects Of Intimate Partner Violence (Ipv) On African-American Christian Females, Rebecca C. Crane

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to communicate the experiences of African American Christian females with intimate partner violence (IPV). The central phenomenon of the study aimed to research religious effects on African American Christian females' decision-making regarding IPV in the state of Georgia. The theory guiding this study was social constructivism, introduced by two sociologists, Peter L. Berger and Thomas Luckman. The study's goal was to depend as much as possible on the stories of the members being examined. Data will be collected using two methods: interviews and oral history. A critical case sampling was used to collect …

Forgiveness As A Moderator Of The Relationship Between Religiosity And Intimate Partner Violence, Leroy Sapp

Doctoral Dissertations and Projects

This quantitative study uses an online survey method to examine forgiveness in a woman with patriarchal religious beliefs (PRB) who has experienced intimate partner violence (IPV) and the predictive role of forgiveness in moderating the relationships between IPV and religiosity and IPV and PRB. The participants received scores on PRB, which were divided into two groups: adherence and nonadherence. The findings concluded no statistically significant difference between the means of the adherence group and nonadherence group’s mean forgiveness levels. The study found that forgiveness moderated the positive relationship between religiosity and IPV violence approval, and forgiveness negatively affected said relationship. …

Brussels Leasing Lp V. Sacks

All Decisions

The tenant refused to give access to the apartment for repairs, and the landlord sought eviction. The court dismissed the case because the landlord offered the tenant a lease renewal twice during the pendency of the lawsuit, without mentioning the eviction case. In the Second Department, a lease renewal can undo a termination notice.

Kekosongan Hukum Acara Dan Krisis Access To Justice Dalam Kasus-Kasus Pemberhentian Kepala Daerah/Wakil Kepala Daerah Di Indonesia, Arasy Pradana Azis

Jurnal Hukum & Pembangunan

Law Number 23 Year 2014 on Regional Government (Law No. 23/2014) provides that the Regional Head or Deputy Regional Head may be dismissed in the middle of his term by certain reasons. The law also regulates a strict process, including the involment of the Supreme Court (MA) in it. MA provides a judicial test of the opinion of the Regional House of Representatives (DPRD) as the initiator of the dismissal processl. The involvement of the Supreme Court is a consequence of the strengthening of the legitimacy of the Head of Region/Deputy Head of Region, which is now elected directly by …

Francienna Grant V. Marshall Williams

2023 Decisions

USDC for the District of New Jersey

Homegrown Stl 5th Annual Regional Summit On The State Of Opportunity For Black Boys And Young Men: Organizing For Solutions That Unleash The Elite Potential Of Young Black Males, Sean Joe, Maribeth Clifton, Demeisha Carlton-Brown

Center for Social Development Research

Convened annually, HomeGrown StL’s annual regional summit brings together service providers, government officials, private-sector partners, and residents to strengthen, align, and accelerate local collective-impact strategies that support the health, development, and economic mobility of Black boys and young men in St. Louis City and in St. Louis County.

This report summarizes developments from the 5th Regional Summit on the State of Opportunity for Black Boys and Young Men: Organizing for Solutions That Unleash the Elite Potential of Young Black Males, which convened June 9, 2022. In addition to describing Priority Objectives and Key Results developed during the summit, the report …

66th University Of San Diego School Of Law Commencement Program, 2023, University Of San Diego School Of Law

Commencement Programs

No abstract provided.

Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, Eva Gonzalez

Themis: Research Journal of Justice Studies and Forensic Science

The value of Family Resource Centers in communities is examined in this research paper, with a focus on legal advocacy in undocumented communities. To begin, do Family Resource Centers provide sufficient resources to the undocumented population? By 2022, there will be over 3,000 FRCs in 30 states, serving over 2 million people per year. Second, how can the Family Resource Center best support Valley Palms' undocumented population? Finally, do Family Resource Centers play an important role in community development? These are some of the questions that helped lead the research when it came down to semi-structured interviews with employees from …

Assessing Rebuilding Incentives For Homeowners Impacted By The 2020 Czu Lightning Complex Fire, Melisa Cambron Perez

Master's Projects and Capstones

Wildfires have become a leading concern throughout the increasing residential communities of wildland-urban interface areas. Decades of fire suppression and climate change shifts have caused the fire regimes within California to become more frequent and severe. The shifting patterns in landscape to accommodate more housing has caused billions of dollars in wildfire destructions. Yet homeowners who have been impacted continue to rebuild within the same wildfire perimeter. To help homeowners and communities who are still in the process of rebuilding within the Santa Cruz Mountains, which was impacted by the 2020 CZU Lightening Complex Fire, this research aimed to assess …

The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar

Master's Theses

Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …

2022 Annual Report, University Of Maine School Of Law

Clinic Annual Report

• PROGRAM OVERVIEW 4
• 2022 AT A GLANCE 5
• GENERAL PRACTICE CLINIC 7
• PRISONER ASSISTANCE CLINIC 8
• YOUTH JUSTICE CLINIC 10
• CENTER FOR YOUTH POLICY & LAW 11
• REFUGEE AND HUMAN RIGHTS CLINIC 12
• PROTECTION FROM ABUSE PROGRAM 14
• CLINIC STAFFING 15