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Concerning The Authority For State Public Entities To Enter Into Public Private Partnerships For Public Projects And, Colorado General Assembly Jan 2022

Concerning The Authority For State Public Entities To Enter Into Public Private Partnerships For Public Projects And, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Payments To The Statewide Death And Disability Trust Fund To Pay Benefits For Fire And Police Pension Association Members Hired Before Anuary, Colorado General Assembly Jan 2022

Concerning Payments To The Statewide Death And Disability Trust Fund To Pay Benefits For Fire And Police Pension Association Members Hired Before Anuary, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Covid-19'S Impact On Families, Lawyers, And Courts: An Annotated Bibliography, Allen K. Rostron Jan 2022

Covid-19'S Impact On Families, Lawyers, And Courts: An Annotated Bibliography, Allen K. Rostron

Faculty Works

No abstract provided.


Biting The Bullet: A Bipartisan Solution To Increase Debtors' Access To Chapter 7 Relief While Exempting Firearms In A Bankruptcy Case, Ishaq Kundawala Jan 2022

Biting The Bullet: A Bipartisan Solution To Increase Debtors' Access To Chapter 7 Relief While Exempting Firearms In A Bankruptcy Case, Ishaq Kundawala

Articles

Imagine an individual who is too broke to file for bankruptcy relief.' This irony is far too often a reality in America, especially for people living in underserved communities. Debtors are simply unable to skimp and save up even a thousand dollars to pay their bankruptcy attorney. Paying their bankruptcy attorney upfront in full is the only ticket to seeking Chapter 7 bankruptcy relief. For a variety of reasons, Chapter 7 bankruptcy relief is the most advantageous type for a majority of poor and middle-class individuals and families.4 It provides these individuals and families with an expedient, fresh financial start …


Sprinting A Marathon: Next Steps For Gender Equity In Criminal Law Employment, Maryam Ahranjani Jan 2022

Sprinting A Marathon: Next Steps For Gender Equity In Criminal Law Employment, Maryam Ahranjani

Scholarly Works

No abstract provided.


A Deeper Dive Into Nautilus: Differentiating Insurer Efforts To Recover Defense Costs And Assessing Recoupment In The Wake Of The Ali Restatement, Jeffrey W. Stempel Jan 2022

A Deeper Dive Into Nautilus: Differentiating Insurer Efforts To Recover Defense Costs And Assessing Recoupment In The Wake Of The Ali Restatement, Jeffrey W. Stempel

Scholarly Works

Insurers and Policyholder have for decades contested whether the typical general liability policy requires policyholders to reimburse insurers for defense costs where a claim is ultimately held not to be one for which a defense is required. Although a slight majority of decisions favors insurers, the recent trend has favored policyholders, as reflected in §21 of the American Law Institute Restatement of the Law, Liability Insurance (“RLLI”), one of several contested portions of the RLLI. In Nautilus Insurance v. Access Medical, the Nevada Supreme Court provided the most extensive post-RLLI analysis of the dispute, ruling in favor of the …


Reflections On A Crit Clinic, Elizabeth L. Macdowell, Nina L. Terzian Jan 2022

Reflections On A Crit Clinic, Elizabeth L. Macdowell, Nina L. Terzian

Scholarly Works

No abstract provided.


Billing Judgment, Nancy B. Rapoport, Joseph R. Tiano Jr. Jan 2022

Billing Judgment, Nancy B. Rapoport, Joseph R. Tiano Jr.

Scholarly Works

In most situations, when a lawyer sends a bill to a client, the client pays the fees. When the client believes that a fee or expense is unreasonable, the client will ask for reductions. Conscientious lawyers review a bill before sending it to the client, exercising judgment in terms of what fees and expenses are reasonable. But in bankruptcy cases, the estate pays the court-appointed professionals' fees and expenses out of unsecured funds or from a cash collateral carve-out. Thus, the responsibility for scrutinizing the fees and expenses falls not to a particular client, but to the court, per 11 …


In Defense Of Deportation Defense, Michael Kagan Jan 2022

In Defense Of Deportation Defense, Michael Kagan

Scholarly Works

Recent years have seen growing momentum toward expanding public funding for legal defense of immigrants fighting deportation. Yet, some recent scholarship argues that government-funded deportation defense carries the risk of legitimizing and entrenching an unsalvageable immigration enforcement system that should simply be abolished. As a result, immigrant rights advocates might hesitate to support deportation defense. This Essay argues that such hesitation would be a mistake. Legal defense is the most feasible means available right now to stop many deportations, and expanding deportation defense resources will strengthen the immigrant rights movement locally and nationally. Expanding deportation defense should be a high …


Transactional Community Lawyering, Alina S. Ball Jan 2022

Transactional Community Lawyering, Alina S. Ball

Faculty Scholarship

The racial reckoning during the summer of 2020 presented a renewed call to action for movement lawyers committed to collaborating with mobilized clients to advance racial equity and economic justice. During the last thirty years, community lawyering scholarship has made significant interventions into poverty lawyering and provides the theoretical framework for contemporary movement lawyers. Conceptually, community lawyering theory can be implemented in any practice area; however, prevailing narratives and models for community lawyering are based on group advocacy campaigns and, to a lesser extent, individual representation in dispute resolution. Transactional lawyers—who use private ordering to represent business entities as they …


Sga 54 2022 Bylaws, Niu Student Government Association Senate Jan 2022

Sga 54 2022 Bylaws, Niu Student Government Association Senate

Student Government Association Archives

No abstract provided.


Preface, Margaret C. Hannon, Ruth Anne Robbins Jan 2022

Preface, Margaret C. Hannon, Ruth Anne Robbins

Other Publications

The overarching theme of Volume 19 of Legal Communication & Rhetoric: JALWD is how legal communication shapes the law, and how doers of legal writing can use their resources to make it better. The volume begins with a fascinating article from Aaron Kirschenfeld and Alexa Chew, “Citation Stickiness, Computer-Assisted Legal Research, and the Universe of Thinkable Thoughts.” In their article, Professors Kirschenfeld and Chew shed light on whether the switch from print research to digital research has changed the way that law students and lawyers conduct research. To do so, the article uses the “citation stickiness” metric, which analyzes whether …


Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini Jan 2022

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …


End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq. Jan 2022

End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.

Touro Law Review

The best end of life care is always that which aligns with the wishes and values of the incapacitated person. For individuals with the capacity to execute advance directives, these documents and conversations with appointed surrogates are the clearest way to make care values known. However, the time, access, and ability to engage in advance planning is not an opportunity equally afforded.For those without advance directives and now involved in a guardianship proceeding, the party petitioning or otherwise involved in the case should consider addressing end of life decision-making directly in the guardianship hearing when major medical decision-making power may …


Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, 2022 Utah L. Rev. 813 (2022), Phyllis Taite, Nicola "Nicky" Boothe Jan 2022

Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, 2022 Utah L. Rev. 813 (2022), Phyllis Taite, Nicola "Nicky" Boothe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Paying For Energy Peaks: Learning From Texas' February 2021 Power Crisis, Colleen M. Baker, James W. Coleman Jan 2022

Paying For Energy Peaks: Learning From Texas' February 2021 Power Crisis, Colleen M. Baker, James W. Coleman

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Lived Experience And Disability Justice In The Family Regulation System, Sarah H. Lorr, L. Frunel Jan 2022

Lived Experience And Disability Justice In The Family Regulation System, Sarah H. Lorr, L. Frunel

Faculty Scholarship

No abstract provided.


Problematic Private Immigration Detention Centers And The Lack Of Ice Oversight, Khou Yang Jan 2022

Problematic Private Immigration Detention Centers And The Lack Of Ice Oversight, Khou Yang

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Maine Law Magazine - Issue No. 97, University Of Maine School Of Law Jan 2022

Maine Law Magazine - Issue No. 97, University Of Maine School Of Law

Maine Law Magazine

  • The House That Deirdre Smith Built For nearly 20 years, Professor Smith has led the Cumberland Legal Aid Clinic.
  • Why Study Cannabis Law? Legalized cannabis is one of the fastest-growing industries in the country. Here’s what that means for lawyers.
  • Maine Law is on the Move Maine Law’s new location has both a physical and philosophic significance.
  • Investigating the Boston Asylum Office A multi-year report drives calls for action.
  • The Boundaries of Multi-Parentage What happens when a child has more than two parents?
  • Alumni at Work: Joann Bautista '18 The daughter of Mexican immigrants, Bautista is Maine’s first Latin deputy …


Human Trafficking Of People With A Disability: An Analysis Of State And Federal Cases, Andrea Nichols, Erin Heil Jan 2022

Human Trafficking Of People With A Disability: An Analysis Of State And Federal Cases, Andrea Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

The current academic discourse examining human trafficking is lacking in focus on survivors with a disability. The increased likelihood of abuse experienced by people with a disability is well documented in the research literature, and a small body of research indicates heightened sex trafficking victimization of minor girls with a disability. Yet, very little research specifically examines sex and/or labor trafficking of people with a disability, and no systematic research analyzes prosecuted cases of trafficking with disability as the focal point of analysis. Drawing from a content analysis of 18 federal and 17 state cases of human trafficking, the current …


International Bureaucracies: Extraterritorial Reach Of The European Commission’S Legal Expertise, Anu Bradford Jan 2022

International Bureaucracies: Extraterritorial Reach Of The European Commission’S Legal Expertise, Anu Bradford

Faculty Scholarship

The EU exercises significant influence over global regulatory standards, whether as a result of its ability to unilaterally export its rules to foreign markets via market mechanisms – a phenomenon that I have elsewhere described as ‘the Brussels Effect’ – or by entrenching them globally through bilateral or multilateral negotiations. In all cases, the legal expertise of the Commission is central. It either pro-actively supplies its expertise to their foreign counterparts or responds to the demand to offer technical expertise to create a rule-based order that closely imitates the regulatory state in Europe. Companies also resort to the Commission as …


Evaluating Legal Needs, Luz Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa Jan 2022

Evaluating Legal Needs, Luz Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas – a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, …


The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg Jan 2022

The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg

Faculty Scholarship

This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …


A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan Jan 2022

A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan

Faculty Scholarship

In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship largely focus on federal courts but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, for many aspects of procedure this breakdown can be misleading. Two different categories of courts are just as salient for understanding American civil justice: those that routinely include lawyers and those where lawyers are fundamentally absent.

This Essay urges civil procedure teachers and scholars to think about our courts as “lawyered” and “lawyerless.” Lawyered courts include federal courts …


A Comparative Study Of Immigration Integration Programs For Selected City Governments In California, Oregon, Washington, And Texas, Christelle Lorenzana Jan 2022

A Comparative Study Of Immigration Integration Programs For Selected City Governments In California, Oregon, Washington, And Texas, Christelle Lorenzana

Master's Projects

Over the last eight decades, immigration into the United States has increased and has become a prominent political issue in the United States (Pew Research Center, 2015). Although the federal government is responsible for enforcing immigration laws, municipalities work with immigrants directly in a more supportive role. Currently, no national policy focuses on integration or welcoming immigrants to the urban community. In recent decades, the federal government has focused on immigration enforcement, border control, and what to do about the influx of undocumented immigrants entering the U.S. However, cities are working to develop their own programs, tools, and policies to …


Ending Homelessness In Santa Clara County: A Program Evaluation Of Homefirst Services’ Rapid Re-Housing Program Using Client Feedback, Karen Gomez Jan 2022

Ending Homelessness In Santa Clara County: A Program Evaluation Of Homefirst Services’ Rapid Re-Housing Program Using Client Feedback, Karen Gomez

Master's Projects

This research was designed to evaluate whether HomeFirst Services’ RRH Program has proven to be more effective than traditional approaches in eliminating homelessness for its participants in Santa Clara County, California. Research was based on the Program Satisfaction Survey conducted at the end of the participants’ program enrollment in comparison with data collected for clients in other HomeFirst Services programs. The research question that is being answered from this survey is whether or not the HomeFirst Services RRH Program is fulfilling the clients’ needs. This questionnaire has been able to help HomeFirst Services understand the factors that help satisfy program …


When Music Row Becomes Wall Street: Creators' Interests In Copyright Transactions, Rebekah J. Griggs Jan 2022

When Music Row Becomes Wall Street: Creators' Interests In Copyright Transactions, Rebekah J. Griggs

Florida Entertainment and Sports Law Review

This Essay will integrate current events as well as recent and ongoing litigation to emphasize the everchanging landscape of copyright transactions and creators’ rights as a whole. It will specifically explore this problem by first discussing some of the more recently involved parties in these copyright transactions: private equity funds. Next, it will discuss some of the opportunities and implications for creators in these transactions, including several high-profile examples of recent transactions in both publishing and recordings. Then, the potential solutions for creators in the spheres of both statutory policy and business dealings will be explored. While discussing potential solutions, …


2021 Annual Report Town Of Deering, New Hampshire., Deering Town Representatives Jan 2022

2021 Annual Report Town Of Deering, New Hampshire., Deering Town Representatives

Deering, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Parsing Privilege: Does The Attorney–Client Privilege Attach To An Angry Client’S Criminal Threat Voiced During An Otherwise Privileged Attorney–Client Consultation?, Edward J. Imwinkelried Jan 2022

Parsing Privilege: Does The Attorney–Client Privilege Attach To An Angry Client’S Criminal Threat Voiced During An Otherwise Privileged Attorney–Client Consultation?, Edward J. Imwinkelried

Case Western Reserve Law Review

No abstract provided.


Oregon's Safe Harbor For Tenants: Rocky Shoals In Eviction Diversion, Lisa K. Bates Jan 2022

Oregon's Safe Harbor For Tenants: Rocky Shoals In Eviction Diversion, Lisa K. Bates

Homelessness Research & Action Collaborative Publications and Presentations

In an effort to mitigate the impacts of the Covid-19 public health emergency, throughout 2020 and into 2021 novel public health emergency programs were initiated, including a variety of federal, state, and local ‘moratoriums’ on residential evictions for nonpayment of rent. As the moratoria began to sunset, additional ‘post-pandemic’ eviction diversion and tenant protection programs were created to buffer the ‘tsunami’ of evictions that were expected.

Oregon’s eviction diversion program, the so-called ‘safe harbor period’ for nonpayment eviction cases, was put into place in July 2021 to maintain some protections for tenants after the state moratorium on nonpayment evictions ended. …