Digital Commons Network^™

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden, Jennica Webster

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic-there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Beyond Legal Deserts: Access To Counsel For Immigrants Facing Removal, Emily Ryo, Reed Humphrey

Faculty Scholarship

Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often lack English fluency, economic resources, and familiarity with our legal system. Yet, most immigrants in removal proceedings do not have legal representation, as removal is considered to be a civil matter and courts have not recognized a right to government­appointed counsel for immigrants facing removal. Advocates, policymakers, and scholars have …

Evolving Market Infrastructures: The Case Of Assetization In Uk Social Housing, Thomas Wainwright, Graham Manville

All Works

Researchers in economic geography have recently turned to examine the rental sector, particularly how institutional investors have begun to reshape the provision of housing. Following the politics of financialization, the built environment and social relations surrounding residential accommodation have been reconfigured to maximize opportunities for capital accumulation. While scholars have further developed their interest in rental markets, by directing their attention to the financialization of social housing, this burgeoning area remains comparatively understudied, particularly concerning the metrics that are crucial in facilitating assetization. In our article, we seek to provide new insight into the financialization of UK housing associations, to …

Are Lawyers’ Case Selection Decisions Biased? A Field Experiment On Access To Justice, Jens Frankenreiter, Michael A. Livermore

Scholarship@WashULaw

The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients’ names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race is a significant factor, but we also explore race and gender interactions. We find that ostensibly Black or Hispanic inquirers receive fewer responses than ostensibly White inquirers, a result largely driven by preferential treatment of White female inquirers. The racial disparities are larger than those previously documented in contexts such as …

Natural Language Processing In Legal Tech, Jens Frankenreiter, Julian Nyarko

Scholarship@WashULaw

Natural language processing techniques promise to automate an activity that lies at the core of many tasks performed by lawyers, namely the extraction and processing of information from unstructured text. The relevant methods are thought to be a key ingredient for both current and future legal tech applications. This chapter provides a non-technical overview of the current state of NLP techniques, focusing on their promise and potential pitfalls in the context of legal tech applications. It argues that, while NLP-powered legal tech can be expected to outperform humans in specific categories of tasks that play to the strengths of current …

An Empirical Analysis Of Clinical Legal Education At Middle Age, Robert R. Kuehn

Scholarship@WashULaw

This article provides the first comprehensive empirical analysis of clinical legal education’s development and growth over the past fifty years. By analyzing dozens of surveys and reports on aspects of clinical legal education, including unique data developed by the authors, and comparing the results over time, this article presents a factual picture of clinical legal education’s progression from early adulthood to today’s middle age.

This article seeks to inform the present and help legal educators shape the future role of law clinic and field placement courses in the preparation of law students for the practice of law. It provides an …

Family Law For The One-Hundred-Year Life, Naomi R. Cahn, Clare Huntington, Elizabeth Scott

Faculty Scholarship

Family law is for young people. To facilitate child rearing and help spouses pool resources over a lifetime, the law obligates parents to minor children and spouses to each other. Family law’s presumption of young, financially interdependent, conjugal couples raising children privileges one family form—marriage—and centers the dependency needs of children.

This age myopia fundamentally fails older adults. Families are essential to flourishing in the last third of life, but the legal system offers neither the family forms many older adults want nor the support of family care older adults need. Racial and economic inequities, accumulated across lifetimes, exacerbate these …

Acculturative Stress, Mental Health Concerns, And Service Utilization Among Latino Immigrants, Elaine Ruiz

Open Access Dissertations

To better serve the needs of Latino immigrants, we must investigate risk factors for mental health concerns, such as acculturative stress, unauthorized immigration status, and barriers to mental health services (MHS). The purpose of the present study was to: (1) explore the relationship between risk factors and mental health outcomes in a sample of Latino immigrants, (2) examine differences across legal immigration status in mental health outcomes and acculturative stress, (3) assess the mediating effect of anxiety sensitivity, psychological inflexibility, and avoidant coping strategies on the relationship between acculturative stress and anxiety, and (4) examine barriers for MHS utilization among …

Dealing With Incivility On Social Media: Faculty Support & Guidance, University Of South Carolina Office Of The Provost

Reports

This guide is designed to assist the campus community in responding to situations in which faculty members are targeted by individuals or groups outside of the university based on the content of the faculty member’s scholarship, teaching, and/or service. It addresses potential concerns in such situations and informs the campus about resources available to assist individual faculty members, departments chairs, and other administrators. The foundation for this guide is the University of South Carolina’s unwavering support for academic freedom and freedom of expression. The faculty’s right to academic freedom in teaching and research and service is protected as essential to …

The Immigration Shadow Docket, Faiza Sayed

Faculty Scholarship

No abstract provided.

Designing A Fulfilling Life In The Law, Bridgette Carr, Vivek Sankaran, Taylor J. Wilson

Articles

There is a mental health crisis in the legal profession. This isn’t news; in 2017, the National Task Force on Lawyering Well-Being acknowledged that the profession has failed to give adequate regard to the well-being of lawyers. High rates of chronic stress, depression, and substance use suggest that “the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on the public trust.”

New Mexico Domestic Violence Needs Assessment: Survivor Perspectives, Theresa H. Cruz, Alexis Kaminsky, Yvonnie C. Vitanzos, Camille R. Velarde, Analissa M. Gutierrez, Mahtab Soleimani

Reports & Documents

No abstract provided.

The Negative Impacts Of Border Patrol On The Mental Health Of Migrants, Breyana M. Newton

Pell Scholars and Senior Theses

The research in this paper is a deep dive into the actions of Border Patrol on migrants and refugees and their effects on the individual. This includes impacts on mental health, child development, resettlement prevention, and racism and discrimination within border patrol itself. To understand all of this and how wide reaching all of this goes there needs to be a reflection on the history and policies of Border Patrol and the Government behind it.
The problem with patrolling our borders is that there are consequences on the U.S. as a nation and unintended consequences on those individuals migrating into …

Powering Up: Examining Frameworks For Community Engagement And Collective Tenant Action Around Energy Efficiency In New Haven, Ct, Alixandra P. Rachman

Public Health Theses

Energy is an essential household need to sustain health and wellbeing. Connecticut has one of the highest energy costs in the nation and leaves a majority of residents experiencing energy insecurity, where households are not able to meet their energy needs. Energy efficiency retrofits have been introduced as an effective solution to sustain thermal comfort indoors. Despite increased funding and resources for energy efficiency, federal and state programs continue to go widely unused by tenants for several reasons from health and safety barriers, tenant-landlord power imbalances, and administrative challenges to name a few. This thesis aims to describe Connecticut’s energy …

Bottom-Rung Appeals, Merritt E. Mcalister

Fordham Law Review

There are “haves” and “have-nots” in the federal appellate courts, and the “haves” get more attention. For decades, the courts have used a triage regime under which they distribute judicial attention selectively: some appeals receive a lot of judicial attention, and some appeals receive barely any. What this Article reveals is that this triage system produces demonstrably unequal results, depending on the circuit handling the appeal and whether the appellant has counsel or not. Together, these two factors produce significant disparities: in one circuit, for example, an unrepresented appellant receives, on average, a decision less than a tenth the length …

The Crisis Of Unrepresented Immigrants: Vastly Increasing The Number Of Accredited Representatives Offers The Best Hope For Resolving It, Michele R. Pistone

Fordham Law Review

The U.S. immigration system is exceedingly complex, and access to legal representation is the primary determinant in obtaining a just immigration outcome. Immigrants must navigate a byzantine, burdensome, and high stakes legal process, conducted in a language they often do not speak. They often must do so without any legal representation. Unlike criminal defendants, immigrants are not entitled to government-funded lawyers. Legal services organizations, such as Legal Services Corporation, that receive any federal funding are prohibited from providing legal representation to most immigrants. Faith-based and charitable legal services organizations provide some legal representation to immigrants through attorneys, staff members, and …

Children's Health Defense V. Washington Post, Northern District Of Texas

Historical and Topical Legal Documents

No abstract provided.

Nicolet Law V. Bye Goff, Western District Of Washington

Historical and Topical Legal Documents

No abstract provided.

Advancing Protective And Promotive Factors Through The Magic City Acceptance Academy, Matthew Fifolt, D. Keith Gurley, Dwayne White

National Youth Advocacy & Resilience Journal

Introduction: In 2021, leaders in Birmingham, Alabama established one of the first LGBTQ-affirming charter school in the United States to serve students who have dropped out, are not thriving in traditional schools, or are enrolled in home-school programs.

Methods: Using deductive analysis, our research team filtered data through the five pre-defined themes of the Youth Thrive Framework: (a) youth resilience, (b) social connections, (c) knowledge of adolescent development, (d) concrete support in times of need, and (e) cognitive and social-emotional competence.

Results: Study findings suggest that MCAA’s innovative and adaptive approaches to curriculum, discipline, and student engagement align with the …

Legal Innovation & Technology: A Practical Skills Guide For The Modern Lawyer, Dyane O'Leary

Suffolk University Law School Faculty Works

Plenty of people talk about technology changing the practice of law but what does it all mean for a lawyer’s everyday skills? The answers lie in Legal Innovation & Technology: A Practical Skills Guide for the Modern Lawyer. This book is the first student-centered coursebook of its kind. It is a comprehensive instructional source combining background explanation of changes to the legal industry with practical guidance on topics such as electronically stored information, document proficiency, advanced research analytics, cybersecurity, automation, client-centered law practice management technology, and remote lawyering.

Geared toward readers at the early stage of their careers, Legal …

Tribute To Professor James Moliterno, Patricia Roberts, Soledad Atienza, Eleanor Myers, James S. Heller, Gary Tamsitt, Neal Devins, Peter Čuroš, Veronika Tomoszek, Maxim Tomoszek, Paul Žilinčík, Rongjie Lan, José M. De Areilza, Irina Lortkipanidze, Ján Mazúr, Javier Guillen, Lucia Berdisová, James Étienne Viator

Faculty Publications

No abstract provided.

Patricia Baker V. Google, District Court Of District Of Columbia

Historical and Topical Legal Documents

No abstract provided.

The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus

Michigan Law Review

The national conversation about criminal justice reform largely ignores the critical need for structural reforms in the provision of indigent defense. In most parts of the country, decisions about how to structure the provision of indigent defense are made at the local level, resulting in a fragmented patchwork of different indigent defense delivery systems. In most counties, if an indigent criminal defendant gets representation at all, it comes from assigned counsel or flat-fee contract lawyers rather than public defenders. In those assigned-counsel and flat-fee contract systems, the lawyers representing indigent defendants have financial incentives to get rid of assigned criminal …

Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum

Michigan Law Review

A Review of Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro.

Textbook List - Summer 2023, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Class Schedule - Summer 2023, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Lived Experiences Of Technology-Based Legal Resources, Michael Ray Stanley

Walden Dissertations and Doctoral Studies

AbstractLack of access to United States civil courts by individuals who cannot afford or are otherwise unable to retain legal counsel has attracted the interest of policy makers and members of the legal community in recent years. The literature revealed a wide range of efforts and public and private resources that have been employed to address the problem. The purpose of this phenomenological study was to explore the experiences, perceptions, and insights of individuals in a medium-size Michigan city who had utilized services that deliver legal resources by technology-based platforms. Social construction of targeted populations and the technology acceptance model …

The Experiences Of Female Sexual Minority Service Members After 2013, Ada I. Rivera

Walden Dissertations and Doctoral Studies

In 2010, the United States Armed Forces ended the policy Don’t Ask, Don’t Tellthat excluded sexual minorities from being able to serve openly in the military. Full military benefits were extended to them and their family members in 2013. Despite these changes, victimization, stigma, and discrimination have continued to impact the lives of service members who identify as a sexual minority, as the result of microaggressions due to their sexual orientation. Past literature has examined experiences of sexual minorities, but little research has focuses on sexual minority women whose minority gender identity creates greater risk to experience micro assaults with …

Lived Experiences Of Technology-Based Legal Resources, Michael Ray Stanley

Walden Dissertations and Doctoral Studies

AbstractLack of access to United States civil courts by individuals who cannot afford or are otherwise unable to retain legal counsel has attracted the interest of policy makers and members of the legal community in recent years. The literature revealed a wide range of efforts and public and private resources that have been employed to address the problem. The purpose of this phenomenological study was to explore the experiences, perceptions, and insights of individuals in a medium-size Michigan city who had utilized services that deliver legal resources by technology-based platforms. Social construction of targeted populations and the technology acceptance model …

This Is Not Your Grandparents’ Military Justice System: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa M. Schenck

GW Law Faculty Publications & Other Works

For the past decade there have been numerous and significant changes to the Uniform Code of Military Justice (UCMJ), the statutory basis for the military justice system. Although the Military Justice Act of 2016 made major changes to the UCMJ, the calls for change continued. One of the most-often heard calls for reform over the last decade has suggested removing commanders from the military justice system. In the 2022 National Defense Authorization Act, Congress amended the UCMJ to dramatically reduce the commander’s role in what Congress specified as “covered offenses" such as sexual assault and provided that those listed offenses …