Digital Commons Network^™

Revenue Sharing: A Potential Method Of Compensating Athletes, Julia Pudimott

Student Works

No abstract provided.

Law License Reciprocity’S Discriminatory Exclusion Of Working Mothers, Sarah W. Keller

Oklahoma Law Review

No abstract provided.

What, To The Marginalized Person, Is The American Dream, Deidre Keller

Journal Publications

I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …

Vol. 26, No. 1: Masthead, Water Law Review

Water Law Review

No abstract provided.

The By-Design Approach Revisited: Lessons From Covid-19 Contact Tracing Apps, Mickey Zar, Niva Elkin-Koren

Fordham Intellectual Property, Media and Entertainment Law Journal

This paper challenges the by-design regulatory approach by exploring the case study of Contact Tracing Apps. It aims to account for the gap between the hopes that were pinned on digital technologies and the rock of reality into which they have crashed. This gap, we argue, results from overestimating the regulatory power of technology and underestimating the co-influence of various regulatory pillars. To address this gap, it is necessary to adopt an ecosystem perspective on sociotechnical systems, where technological design is but one form of regulation. This perspective allows technological design to acquire a social meaning through interaction with other …

In The Thick(Et) Of It: Addressing Biologic Patent Thickets Using The Sham Exception To Noerr-Pennington, Anna Zhou

Fordham Intellectual Property, Media and Entertainment Law Journal

A biologic patent thicket occurs when a pharmaceutical company acquires a “dense web” of patents and other intellectual property rights regarding a specific product. While applying for multiple patents is permissible, the resulting protections can have antitrust implications. In an industry like biologics, where companies can acquire patent exclusivity and regulatory exclusivity over their products, the process of continuously accumulating these exclusivities seems to be an attempt to keep biosimilars at bay. Keeping competitors out of the market drives up prices and raises questions about how these regulatory and patent pathways are being used.

Recent class action litigation in the …

Alone In The Lone Star State: How A Lack Of Centralized Public Defender Offices Fails Rural Indigent Defendants, Aiden Park

University of Michigan Journal of Law Reform

The criminal justice system is stacked against indigent defendants. The disadvantages indigent defendants face are exacerbated when mixed with the unique qualities of rural America.

For instance, rural court-assigned attorneys are often picked through ad hoc systems by the very judges these attorneys must appear in front of, creating a judicial conflict of interest. The financial realities of rural public defense work often force counsel to manage a private practice while also balancing court-appointed cases. To the extent integral resources like investigators or experts are present in rural spaces, they are seldom used. This Note highlights the way Texas organizes …

This Article Is Considered Terrorism In The Philippines: The Role Of People's Lawyers In Class Struggle, Amanda Katapang

City University of New York Law Review

Lawyers do not need to be confined to simply supporting the fight for liberation but can and should be part and parcel to the struggle. Legal theory and practice do not need to be divorced from revolutionary theory and practice. In the National Democratic (ND) Movement in the Philippines, people’s lawyers do not just participate in legal defense or campaigns but ultimately in class struggle against the exploiters and oppressors. This Comment explores these principles and lessons from the Philippines and their application in the ND Movement’s overseas component, building upon the canon of movement lawyering.

"Inherently Expressive": Bds Organizing For Palestinian Liberation At Cuny School Of Law And Beyond, Students For Justice In Palestine (Sjp), Jewish Law Students Association (Jlsa), City University Of New York (Cuny) School Of Law

City University of New York Law Review

No abstract provided.

Footnote Forum’S Moderated Conversation With The Authors Of The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors, Assia Serrano And Nathan Yaffe, Assia Serrano, Nathan Yaffe

City University of New York Law Review

No abstract provided.

Advancing Racial Justice Through Civil And Criminal Academic Medical-Legal Partnerships, Yael Cannon, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave racial health inequities are deeply intertwined with both civil and criminal injustice. In both spheres, health justice is racial justice. Building on the experiences of the authors in their respective civil and criminal law school clinics at Georgetown University in Washington, D.C., this Article argues that academic …

Private Sanctions, Public Harm?, Jon J. Lee

Faculty Articles

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, state disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through the use of private sanctions, keeping the identities of disciplined attorneys—and their misconduct—hidden from view. This Article provides the first comprehensive scholarly contribution on …

The Undemocratic Class Action, Nicholas Almendares

Articles by Maurer Faculty

Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage, reaping generous rewards for themselves while class members receive next to nothing. Unlike citizens or shareholders, members of a class cannot exercise democratic control over the attorney that nominally works on their behalf. I label this the democratic critique of class actions, and it has been the dominant framework for understanding class actions, shaping both case law and reform proposals.

The democratic critique is based on a false premise, though, because it does not take into account …

Business Sustainability Among Women Entrepreneurs In Ghana, Gabriel Yaw Asante

Walden Dissertations and Doctoral Studies

Women entrepreneurs in Ghana are not prepared for entrepreneurship and face individual and contextual barriers that include social, cultural, economic, political, demographic, institutional, and technological perceived support. Guided by the institutional theory, the purpose of this qualitative exploratory multiple case study was to explore business strategic information that women entrepreneurs in Ghana need to learn to make their business sustainable beyond 5 years. Ten successful women entrepreneurs from 5 industries in Ghana, who had the training, experience, and information on the causes of business failure and had applied that information to gain business sustainability beyond 5 years, were recruited. Data …

Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram

Michigan Law Review

Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside …

Right Of Association For Platform Workers In Thailand (A Case Study Of Food Delivery Platform Workers), Kanut Thamromdee

Chulalongkorn University Theses and Dissertations (Chula ETD)

Platform work has become the prominent form of employment in the last decade due to its unique features which are seemingly beneficial to workers, whether it is flexibility, autonomy, diverse job opportunities or ease of entry resulting in many people choosing to be platform workers working with platform providers on platforms. During the last decade, platform work has rapidly grown thanks to the advanced technology and innovative business models; however, it seems that Thai labour law focusing on traditional employment has not been adequately developed to catch up the growth of platform work in Thailand. Platform providers have classified platform …

Voices From The Front Line: Community Leaders, Government Managers And Ngo Field Staff Talk About What's Wrong In Aboriginal Development And What They Are Doing To Fix It, Patrick Sullivan, Kathryn Thorburn, Kate Golson, Janet Hunt, Julie Lahn

Nulungu Books

No abstract provided.

Leading Law Firms In The “New Normal”: Recovering From Crises Through Leadership Development, Polden, Donald J.

Santa Clara Law Review

Beginning in 2008, the first of three major crises hit the nation and had global implications and effects, including significant ones for the legal profession. Those crises were the financial crisis of 2008, followed by the social justice movements reflecting outrage at several highly-publicized police killings of Black men and women, and, most recently, the 2020-2022 COVID-19 pandemic. The crises created significant challenges for lawyers and legal institutions but they also created opportunities for enhanced access to justice, more efficient law organization practices, and new workplace requirements. The Article considers several difficult questions about where the legal profession is at …

Canadian “Dreamers”: Access To Postsecondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez

All Papers

Youth with precarious legal status (PLS) in Canada are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for postsecondary education are highly constrained. This article sets out an argument for expanding postsecondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program”. The article considers possible legal impediments to the establishment of such programs, including offenses under Canadian immigration legislation, and argues that charges against postsecondary institutions or …

Tawdry Or Honourable? Additional Payments To Representative Plaintiffs In Ontario And Beyond, Suzanne E. Chiodo

All Papers

Additional payments to representative plaintiffs upon the resolution of a class action are widespread in Ontario and elsewhere. However, this subject has received very little attention from appellate courts (at least in Canada), law reformers, and academics. Two conflicting judgments from the Ontario Superior Court have put a spotlight on this practice, however, and it will soon be receiving appellate treatment. The practice has also recently been subject to conflicting appellate decisions in the US. This brings to the fore crucial questions not only about the purpose of such payments, but also about the purposes of class actions in general. …

The Ethics Of Artificial Intelligence In Legal Advocacy, Elissa Germaine

Faculty Publications

(Excerpt)

The use of AI in our personal and professional lives has entered the public consciousness over the past several months. The legal profession and the securities industry are no exception. This article begins to explore the use of open source generative AI in legal advocacy, and the related ethical implications for securities arbitration practitioners.

Studies have corroborated the impact of AI on the legal profession that many of us have been seeing in practice or hearing and reading about. A Goldman Sachs study predicted that the legal profession will be one of the most likely areas to be impacted …

Four Essential Tips For New Attorneys Working With Children And Families, Jennifer Baum

Faculty Publications

(Excerpt)

Congratulations! You’ve started your first legal job working with children and families. Perhaps you work for an institutional provider of legal services for children or as a prosecutor of dependency cases, or perhaps you are defending such cases on behalf of parents and guardians. Or maybe you are in private practice, and this is your first pro bono experience working on a family, immigration, or juvenile court matter. Whatever your role, your job is the same: to represent your client and seek as favorable an outcome as possible.

But you are new, or new to this area of the …

Characterizing Performance Gaps Of A Code-Based Dementia Algorithm In A Population-Based Cohort Of Cognitive Aging, Maria Vassilaki, Sunyang Fu, Luke R Christenson, Muskan Garg, Ronald C Petersen, Jennifer St Sauver, Sunghwan Sohn

Faculty, Staff and Student Publications

BACKGROUND: Multiple algorithms with variable performance have been developed to identify dementia using combinations of billing codes and medication data that are widely available from electronic health records (EHR). If the characteristics of misclassified patients are clearly identified, modifying existing algorithms to improve performance may be possible.

OBJECTIVE: To examine the performance of a code-based algorithm to identify dementia cases in the population-based Mayo Clinic Study of Aging (MCSA) where dementia diagnosis (i.e., reference standard) is actively assessed through routine follow-up and describe the characteristics of persons incorrectly categorized.

METHODS: There were 5,316 participants (age at baseline (mean (SD)): 73.3 …

Office Of Criminal Justice Programs Annual Report Fy 2022, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Reasonable Accommodation Requests: Fair Evaluation And The Role Of Decision Makers, Mona Hawkins

Theses and Dissertations

The purpose of this qualitative study was to examine fair evaluations and the role of the decision-makers in the reasonable accommodation process. In many instances, fair evaluations in the reasonable accommodation process which disabled employees experienced, were challenging and looked upon as perceived discrimination in decision-making process. A review of the literature identified further clarification and insight into educating decision-makers about the disability laws, and then altering their behavior in granting reasonable accommodations. The literature progressed with discussions surrounding why every qualified disabled employee should be accommodated as long as the reasonable accommodation is not an undue hardship to the …

Physical Intimate Partner Violence Of African American Women: Promising Practices And Pitfalls In Treatment, Melissa Erinn Duncan

Theses and Dissertations

Intimate partner violence is a serious health concern among African American women. It is estimated about 41% of African American women experience physical violence from an intimate partner. A number of risk factors, as well as cultural and contextual dynamics (e.g., gendered racism, low socioeconomic status, cultural norms, exposure to family violence, as well as cultural mistrust of the healthcare and legal systems), are associated with the high prevalence rate of African American women experiencing physical abuse. Due to the unique challenges that African American women survivors of partner violence often experience, there is a gap in the current literature …

Schizophrenia, Expressed Emotion, And Relapse: A Systematic Review Across Cultures, Colin Meng

Theses and Dissertations

The objective of this review was to systematically identify and evaluate quantitative research on familial expressed emotion (EE) in schizophrenia patients from different cultural backgrounds. This adds to the findings of previous reviews of EE by including data from cultural individualism vs. collectivism perspectives using Hofstede’s cultural dimensions theory. Using specific search criteria, 10 research papers were identified and evaluated. Findings indicated that the lowest percentage of high EE relatives were found in samples from countries associated with moderate individualism scores. A similar pattern was also found in high-critical comment (CC) relatives. Results of hostility and Emotional Over-involvement (EOI) are …

The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat

Cardozo Journal of Conflict Resolution

No abstract provided.

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Cardozo Journal of Conflict Resolution

No abstract provided.

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …