Digital Commons Network^™

Class Actions’ Ethical “Kiss”: The Class Action Lawyer’S Client Is The Class, Eli Wald

UC Law Journal

The legal ethics of class actions is a mess, with many lingering, unresolved questions and conflicting answers. The culprit is a fundamental lack of agreement regarding the identity of the client, without which it is impossible to consistently resolve concerns about conflicts of interest and determine the scope of lawyers’ duties of competence and communication to the class, class representative, and class members. This Essay offers a simple solution to this disagreement: the class lawyer represents the class as an entity, not the class representatives and members, who are constituents of the class client. While conceptually simple, treating the class …

Complex Litigation Funding: Ethical Problem Or Ethical Solution?, W. Bradley Wendel, Joshua P. Davis

UC Law Journal

Commentators have worried that third-party funding, particularly in complex litigation, may give rise to ethical concerns. In this Essay, we explore an alternative possibility: third-party funding may solve ethical problems rather than cause them.

We explain why third-party funding can comply with the letter and spirit of the relevant ethical rules and why whether it causes or cures ethical problems depends on the setting. We note that if third-party funding agreements are properly structured—protecting, for example, lawyers’ independent judgment—they should not pose ethical problems. On the contrary, in some contexts third-party litigation funding may ameliorate tensions between clients and counsel. …

Ohio Forensic Nurse Examiners: Readiness To Care For Victims Of Sexual Assault With Disability, Deanna Nicole Smith

Doctor of Nursing Practice Scholarly Projects

Forensic nurse examiners (FNEs) care for crime victims in acute care settings. These nurses are specifically trained in trauma-informed care and evidence collection in cases of sexual assault, domestic violence, abuse, and human trafficking (RAINN, 2022). The scholarly project focuses on the care of victims of sexual assault living with disability, as this population is three times more likely to be victimized than any other population (NSVRC, 2022). The project literature review reveals a lack of data on preparation standards for FNEs on caring for victims with disability and providing accommodations during forensic examination. Currently, it is unknown if FNEs …

Foreword: Live Intentionally, Work Hard, Everything Matters, Kevin H. Marino

Seton Hall Law Review

No abstract provided.

New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, Megan J. Ballard, Zaida C. Rivera

Seattle University Law Review Online

Every state, including Washington, has enacted laws to protect the public from the harm caused when an unqualified person provides legal services. Each state defines the practice of law and generally limits that practice to members of the state bar association. In Washington, a complex collage of case law, statutes, and a Supreme Court rule attempt to define the practice of law, identify when the practice of law by a nonlawyer is unauthorized, and determine when public policy considerations allow such nonlawyer practice.

Protecting immigrants from unauthorized practice of immigration law is a particular concern. People who claim to be …

Legalized Theft: An Analysis Of Civil Asset Forfeiture And Reform In New Jersey, Bobbi Taylor

Seton Hall Law Review

No abstract provided.

Ami V. Ronen

All Decisions

ERAP Case.

969 Carroll Assoc., Llc V. Mendes

All Decisions

No abstract provided.

Behind The Scenes Of Controversial International Commercial Arbitration: Case Study Of Heirs To The Sultanate Of Sulu V. Malaysia, Tze Chin Ong, James Ding Tse Wen

Indonesian Journal of International Law

Recently, an ad hoc arbitration final award of US$14.92 billion (approximately RM62.59 billion) in favour of the heirs of the 19^th-century sultanate, the late Sultan of Sulu, Sultan Jamalul Kiram II against Malaysia (the “Award”) that was handed down by a sole arbitrator had created much discussion in the international public and private law arena. Following the issuance of the n Award, Malaysia challenged the Award in the Paris Court of Appeal and successfully stayed the Award’s enforcement in France on July 12. During the same time, on July 11, two Luxembourg-registered subsidiaries of the Malaysian …

Dorothy Kenyon And Pauli Murray: Their Quest For Sex Equality In Jury Service, Jennifer L. Brinkley

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Vol.50 N.40 April 27th 2023, Voice Media Ventures

Black Voice News

No abstract provided.

Unopposed Brief Amicus Curiae Of Clear, The Jewish Coalition For Religious Liberty, And The Sikh Coalition In Support Of Appellant, Stephanie Hall Barclay, Francesca Matozzo

Court Briefs

No. 23-131
Franklin Loving v. Robert Morton

Appeal from the United States District Court for the Southern District of New York, No. 3:20-cv-11135

From the Summary of Argument

The Second Circuit should re-examine its precedent to allow for monetary damages for individual-capacity suits under the Religious Land Use and Institutionalized Persons Act (RLUIPA) for three reasons. First, RLUIPA’s text follows the same approach as 42 U.S.C. § 1983 and should be interpreted to afford the same types of broad remedies. Before Employment Division of Oregon v. Smith, 494 U.S. 872 (1990), reduced the availability of free exercise claims, free …

Direct-To-Consumer Advertising Of Prescription Drugs: Constitutionally Protected Speech Or Misinformation?, Matthew Griffin

William & Mary Law Review Online

This Note will argue that the United States can and should regulate direct-to-consumer (DTC) prescription drug advertisements on television more strictly—preferably by proscribing them altogether. In Part I, this Note will discuss the issues of soaring drug prices, disappointing health care outcomes, a glut of misleading drug advertisements affecting the doctor-patient relationship and personal health, and the problem with the current approach to prescription drug advertising. Part I will also discuss the misleading nature of DTC prescription drug advertisements and some examples of the harm they have caused. Additionally, Part I will propose a solution that focuses on limiting the …

Addressing Sexual Assault And Supporting Survivors’ Mental Health And Academic Performance Through Peer Advocate Support, Elizabeth G. Clark

Masters Projects

Sexual assault has been a concern on college campuses that has only been increasing, primarily affecting first-year women. The shame and trauma that survivors of sexual assault often experience can have a drastic impact on their mental health and academic performance. While institutions have some support resources for students victimized by sexual assault, they are underutilized. This project explains the negative consequences experienced by sexual assault survivors and what needs to be addressed by campus resources. To adequately support survivors of sexual assault and work towards changing campus culture, college campuses need to expand their support resources based in trauma-informed …

A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist

Richmond Public Interest Law Review

Domestic violence (“DV”) disproportionately affects Black and Brown
women. This article examines the tense history of law enforcement
engagement with minority groups, which has caused a strain on that
relationship, leaving minority groups more likely to choose to stay in their
DV situations than seek out law enforcement help. The divide still impacts
these groups today. Additionally, the article highlights several organizations
that have formed to address the needs of minority individuals. Other
organizations have been around, but their ties to law enforcement create an
added barrier for Black and Brown women seeking protection. The article
concludes by briefly examining …

Translating Ozanam: French Translation Students Explore A Foundational Vincentian Thinker’S Student Days, Clara Orban Ph.D.

Vincentian Studies

DePaul University professor of French Clara Orban explains what students learn in the process of translating Frédéric Ozanam’s letters as part of their senior project in her translation course. A new translation of the letters is being prepared for publication by staff of the Vincentian Studies Institute; student translations assist in this effort. Many of the letters the students prepare were written by Ozanam between the ages of eighteen and twenty-five and provide them with a window into his student life. As such, they also allow the students to better relate to a key figure within the history of the …

Law Enforcement Officers And The Domestic Violence Advocacy Referral Process, Aaron Allen Cubbage

Doctoral Dissertations and Projects

Domestic violence incidents impact the daily activities of the law enforcement agencies responsible for responding to these calls for service. Legislators and law enforcement leaders have expended countless hours, staffing, and finances to adequately protect the victims of domestic violence. In Virginia, an essential component of protecting victims of domestic violence involves the referral process, used by law enforcement officers to connect victims of domestic violence to domestic violence advocacy groups. The Code of Virginia and law enforcement agencies receiving accreditation through the Virginia Law Enforcement Professional Standards Commission (VLEPSC) require these referrals. There is available research regarding the referral …

Cardozo Hosts Annual Donors & Scholars Cocktail Reception, Benjamin N. Cardozo School Of Law

Cardozo News 2023

On April 18, Cardozo held a warm and festive Donors & Scholars Cocktail Reception. The annual event brought together outstanding students who have benefited from scholarship and stipend support wth the generous donors who make it possible.

Dean Melanie Leslie ’91, 2L Zoe Sheppard and Shoshana Bookson ’82 each spoke of the critical importance to students and the tremendous value of giving back to the Cardozo community.

Is The End Just The Beginning? Nil Changes And The New World Of Intercollegiate Athletics, Jordan Allen

Lincoln Memorial University Law Review Archive

Since the beginning of the National Collegiate Athletic Association’s (“NCAA”) formation, student-athletes have been prohibited from profiting off their name, image, and likeness (“NIL”). After years of lawsuits, the United States Supreme Court narrowly sided with student-athletes in _NCAA v. Alston_, holding that the NCAA violated the law by limiting the education-related benefits that schools could offer to student-athletes. While this holding was important, the most significant aspect of this opinion derives from Justice Brett Kavanaugh’s concurrence, which stated that the NCAA is not above the law. The release of this opinion created a ripple effect in which many states …

Utah State University Commencement, 2023 – Kaysville Campus, Utah State University

Commencement Programs

2023 Commencement Ceremony for the Kaysville campus of Utah State University.

Sga 54 Senate 2023-04-21 Minutes, Niu Student Government Association Senate

Student Government Association Archives

No abstract provided.

Vol.50 N.39 April 20th 2023, Voice Media Ventures

Black Voice News

No abstract provided.

April 20, 2023, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.

Racial Diversity And Law Firm Economics, Jack Thorlin

Arkansas Law Review

There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast—consider the rightfully mocked tendency of people to respond to tragedies by declaring that their “thoughts and prayers” are with the victims rather than taking any meaningful step to ameliorate their suffering. People still engage in such posturing because the behavior benefits them in several ways: (a) others see that the …

Pocono Mountain School District V. T. D.

2023 Decisions

USDC for the Middle District of Pennsylvania

The Link April 18, 2023, Access To Justice Institute

The Link Newsletter

No abstract provided.

Dealer's Choice: Pressuring The Ncaa To Allow Student-Athletes To Participate In Certain Gambling Activities, Amanda Daoud

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Friend Or Foe – Ai’S Invasion Of The Legal Battlefield, Ksenia Khlystova-Gowda

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A few decades ago, legal practitioners spent countless hours amidst towering piles of physical text, carefully drafting handwritten briefs for their clients. Since the late twentieth century, this old-fashioned practice has become modernized, beginning with the transition from typewriters to computers, the introduction of online legal research databases, and recently with the use of online court hearings during the COVID-19 pandemic Today, the legal profession is in the midst of its most recent technological booster, as artificial intelligence (“AI”) has become mainstream and begins its inevitable assimilation with the industry. However, AI technology presents different consequences and concerns due to …

Perpetuities In An Unequal Age, Jack H.L. Whiteley

Northwestern University Law Review

For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.

This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.