Digital Commons Network^™

Ai, Equity, And The Ip Gap, Daryl Lim

SMU Law Review

Artificial intelligence (AI) has helped determine vaccine recipients, prioritize emergency room admissions, and ascertain individual hires, sometimes doing so inequitably. As we emerge from the Pandemic, technological progress and efficiency demands continue to press all areas of the law, including intellectual property (IP) law, toward incorporating more AI into legal practice. This may be good when AI promotes economic and social justice in the IP system. However, AI may amplify inequity as biased developers create biased algorithms with biased inputs or rely on biased proxies. This Article argues that policymakers need to take a thoughtful and concerted approach to graft …

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

Faculty Scholarship

State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …

America's Lawyerless Courts: Legal Scholars Work To Recommend Large-Scale Changes In Lawyerless Civil Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Faculty Scholarship

At approximately 9:00 on most weekday mornings, thousands of state civil courts open their doors and begin hearing cases. These cases involve hundreds of thousands of people acrossthe country. State civil courts are the core of America's civil justice system, whether measured by a raw number of cases or courts'impact on ordinary people's lives. These courts handle 98% of all civil matters filed each year – around 20 million cases.

Many people are pulled into civil court because they cannot pay their rent or debts. Many more come to court for help with intimate and family relationships, including those seeking …

Leaving Part Of Myself Outside The Door: An Exploration Of Pitfalls And Promising Practices For Black Millennial Survivors Of Racism, Sheriece L. Hooks

Theses and Dissertations

Experiences of racism and discrimination are a prominent concern within the Black community and often cause symptoms of stress or trauma for those who endure it. However, there are limited research studies which examine best practices and pitfalls for treating individuals of this population who struggle with race-based stress or trauma. This study uses a phenomenological approach to examine the therapy experiences of six clients, identifying as Black or African American, when discussing stress or trauma related to racism. Results identified several pitfalls, such as experiences of racism, color blindness, inattention, and countertransference, as well as promising practices, such as …

For Whom “Bell” Tolls: Rent Escrow, Withholdings, Strikes, And Landlord-Tenant Reform, Brian G. Gilmore

Southern Illinois University Law Journal

Rent is the key obligation for tenants in a landlord-tenant relationship. What happens when the obligation to pay rent is challenged by the tenant due to the landlord's failure to meet their own obligations in that relationship? In that respect, can a tenant withhold rent (escrow their rent) legally under the law and force a judicial determination on not just the rent payments but the landlord's failures? Using a 1968 case known as Bell v. Tsintolas as a starting point, this article examines the concept of rent escrow, its evolution, and the various forms it takes in landlord-tenant relationships. This …

No. 10, April 2022: Uplifting The Perspectives And Preferences Of The Families Of English Learners In Los Angeles Unified School District And Charter Schools: Findings From A Representative Poll, Jeimee Estrada-Miller, M.P.P., Leni Wolf, M.P.A., Elvira G. Armas, Ed.D., Magaly Lavadenz, Ph.D.

Education and Policy Briefs

This research and policy brief uplifts findings from a 2021 poll of 129 LAUSD and affiliate charter school English Learner families. The poll covers a broad range of topics including families’ pandemic experiences in and outside of school, communication with schools, levels of engagement and representation in school-based decisions, and expectations of schools for the future. Findings indicate that: (1) a majority of EL families are engaged and report that they attend school activities; (2) EL families report feeling heard at their school sites and would like more personalized communication like home visits and calls; (3) EL families want more …

Biyyaa Baanus Biyyi Nu Keessaa Hinbaatu: Changing Gender Norms And Traditional Mediation Impacts On Marriage Among Ethiopian Immigrants In Three Southwestern Ontario Cities, Dinku Korsa

Theses and Dissertations (Comprehensive)

Abstract Immigrant spouses face culture shock in the host countries because they are disconnected from their social fabric and, at the same time, must adhere to the host countries' lifestyles. One of the immigrants' spouses' challenges is the marital conflicts that arise because of changing gender norms in the host countries and the absence of family support to solve their conflicts. The purpose of this study is to examine changing gender norms and traditional meditation's impact on marriage among Ethiopian immigrants living in Kitchener, Waterloo and Guelph. The study asks overarching research question: what is the impact of changing gender …

Towards Racial Justice: The Role Of Medical-Legal Partnerships, Medha D. Makhlouf

Faculty Scholarly Works

Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because its original framing was not explicitly race conscious. This article aims to stimulate discussion of the role of MLPs in racial justice. It calls for MLPs to name racism as a social determinant of health and to examine how racism may operate in the field. This work sets the stage for the next step: operationalizing racial justice in the MLP model, research, and practice.

Stemming The Shadow Pandemic: Integrating Sociolegal Services In Contact Tracing And Beyond, Medha D. Makhlouf

Faculty Scholarly Works

The COVID-19 pandemic has shed light on the challenges of complying with public health guidance to isolate or quarantine without access to adequate income, housing, food, and other resources. When people cannot safely isolate or quarantine during an outbreak of infectious disease, a critical public health strategy fails. This article proposes integrating sociolegal needs screening and services into contact tracing as a way to mitigate public health harms and pandemic-related health inequities.

A Black Woman Law Dean Speaks About The Precarity Of Leadership, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.

Can You Be A Legal Ethics Scholar And Have Guts?, Cynthia Godsoe, Abbe Smith, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Recent efforts to hold lawyers accountable for their actions-including lawyers who sought to overturn the 2020 Presidential election based on false evidence,and New York City prosecutors who have committed serious misconduct-failed to draw a significant number of legal ethics scholars. The authors of this Essay are troubled by this. We understand why practicing lawyers might be reluctant to join such an effort; calling out other lawyers inpositions of power can be had for clients. But it is less understandable when it comes to law professors who, except for those who teach in law clinics or otherwise engage in law practice, …

Expanding The Federal Work Product Doctrine To Unrepresented Litigants, Jennifer A. Gundlach, Zeus Smith

Hofstra Law Faculty Scholarship

Clerk' offices in federal courthouses across the country designate individuals who do not have counsel as "pro se," a term that comes from the Latin inpropria persona meaning 'for oneself " The term is ambiguous as to the reasons why individuals appear without counsel. While some may purposefully choose not to hire a lawyer, for many it is not a choice.

Access to justice in federal courts requires not just entry into the courts for all litigants, but also fair treatment during the course of litigation. Unfortunately, all unrepresented individuals face disadvantages in federal courts. They are, for the most …

An Empirical Analysis Of Clinical Legal Education In Middle Age, Robert R. Kuehn, David A. Santacroce

Articles

Modern clinical legal education has turned fifty. Much has been written on its development and history, both as a pedagogy and in relation to the broader enterprise of legal education. But there has been no longitudinal empirical analysis documenting that growth until now. By looking at a series of nationwide surveys starting in 2007 and comparing those results to surveys dating back to the 1970s, this article paints a factual picture of clinical legal education’s progression from early adulthood to middle age.

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

Articles

Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …

China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant

GW Law Faculty Publications & Other Works

The People’s Republic of China (PRC) has begun to use sanctions against people who speak out against its policies, including even lawyers in their ordinary work representing the interests of their clients. This paper explores the deleterious impact such sanctions can have on the entire legal profession, the broader community putatively served by the profession, and the rule of law.

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

GW Law Faculty Publications & Other Works

State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …

Rhode Was Right (About Character And Fitness), Leslie C. Levin

Faculty Articles and Papers

Almost 40 years ago, Deborah Rhode chronicled numerous problems with the legal profession’s character and fitness inquiry in her seminal article, Moral Character as a Professional Credential. This essay, which is dedicated to her memory, assesses the current state of that inquiry. The essay notes a few areas of improvement in some jurisdictions, but finds the character and fitness inquiry remains problematic. Some jurisdictions continue to operate without published standards and most character and fitness committees—and even the courts— do not publish information about their decisions. It is still the case, as Rhode noted, that there is little evidence that …

"This Is Not Normal": The Role Of Lawyer Organizations In Protecting Constitutional Norms And Values, Leslie C. Levin

Faculty Articles and Papers

Lawyer organizations in the United States perform a range of functions. Some are essentially social clubs that provide networking opportunities for lawyers. Others help their members stay up to date on changes in the law and provide other educational and material benefits.1 Through these efforts, lawyer organizations often serve as a site where lawyers learn the norms and values of the legal profession. Some lawyer organizations also perform more outward facing functions, working through lobbying and litigation to maintain lawyers’ status and protect their economic interests. Others pursue even broader goals, working to enhance the functioning of the courts, provide …

Tennessee Blue Book 2021-2022, Tennessee. Secretary Of State.

Tennessee Blue Book

No abstract provided.

Here To Stay: Wrestling With The Future Of The Quickly Maturing Spac Market, Matthew Diller, Rick Fleming, Stephen Fraidin, Aj Harris, Gregory F. Laufer, Mark Lebovitch, Gregg A. Noel, Hester M. Peirce, Usha R. Rodrigues, Mike Stegemoller, Verity Winship, Douglas Ellenoff

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Ties That Bind: The Relationship Between Law Firm Growth And Law Firm Survival, Alan J. Kluegel

Law Faculty Scholarly Articles

For the better part of the twentieth century, law firms hired, trained, and grew through a stable and predictable pattern: hire new law school graduates, monitor and evaluate their work, and pick promising attorneys from among their ranks and elevate them to partner. Rinse, lather, repeat. A combination of professional norms and organizational inertia made this approach the dominant method of growth among large corporate law firms until changes in legal market broke down these customary practices, ushering in a new era of lawyer mobility. Now, it has become commonplace for lawyers to leave for greener pastures as more law …

Limited Court Access V. Poor And Indigent, Chinyere Anunobi

Honors Undergraduate Theses

In criminal cases, poor individuals must qualify as legally indigent to receive legal representation. In civil cases, poor and indigent individuals must find their own resources to support themselves since the government does not guarantee counsel. Without counsel, poor and indigent individuals are forced to find legal representation for these cases on their own, which can be difficult considering the expenses of fees and fines. Cognitive processes, including bias and stereotypes, create a barrier in advocacy because they cloud judgement of decision-makers, which can diminish the voice of this vulnerable community. Barriers like these create an invisible wall where limited …

Patient Referral Failures, Jessica L. Mantel, Leah R. Fowler

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Getting Out Of Traffic: Applying White Collar Investigative Tactics To Increase Detection Of Sex Trafficking Cases, Evan Binder

Journal of Criminal Law and Criminology

When federal authorities investigate sex trafficking, three realities are consistently present. First, most sex trafficking investigations begin in response to an individual affirmatively bringing evidence to investigators. Second, the elements required to prove a someone guilty of sex trafficking under federal sex trafficking laws incentivize prosecutors to rely on victim testimony and their cooperation throughout the life of the investigation. This can be, and often is, psychologically traumatizing for the victim. Third, most cases are viewed through a traditional tripartite structure, involving the trafficker, the victim(s), and the purchasers of the sex act (johns). However, recent high-profile sex trafficking indictments …

Good Intentions: Administrative Fiat And The General Welfare Exclusion, Samuel D. Brunson, Christian A. Johnson

Faculty Publications & Other Works

Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless Congress explicitly exempted the income from taxation. But in the income tax’s second decade, the Bureau of Internal Revenue created an exception to the broad reach, an exception not grounded in any type of Congressional enactment. The Bureau’s practice of excluding certain benefits began innocuously in the late 1930s by excluding certain social security benefits from gross income. Over the decades, the IRS has used what it now refers to as the “general welfare exclusion” to exclude …

Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson

Mitchell Hamline Law Review

No abstract provided.

Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System, Shannon Moody

Theses and Dissertations--Social Work

Background. Attorneys who represent parents and children in dependency, neglect, and abuse (DNA) proceedings are key in influencing the outcomes of the cases they carry. These influences include the length of time a child spends in the custody of the state or the necessity for foster care, visitation with family members, length of time to reunification, and recommended services for the child and parents (Courtney & Hook, 2012; Goldman, 1993; Thornton & Gwin, 2012; Zinn & Peters, 2015). The American Bar Association’s analysis is that there are “four constants: high caseloads, low compensation, inadequate training, and lack of supervision” …

A Pandemic And Evictions: A Dangerous Duo That Is Creating An Insurmountable Crisis, Kenneth D. Freid

Student Works

No abstract provided.

The Supplier Shield: Covid-19 Effects On Suppliers Of Highly Affected Industries, Maisy Mills

CMC Senior Theses

This paper examines the effect Covid-19 has on hard-hit industries and their suppliers. By looking at the widening of credit spreads on corporate bonds, a shield can be observed through the disproportionate way Covid affects hard-hit companies compared to their suppliers. The dataset looks specifically at three highly affected industries which are accommodation, air transportation, and full-service restaurants. This paper runs a linear regression that looks at the effect that being one of the main 3 frontline industries has on credit spreads of corporate bonds versus that from being a supplier of these industries. The regression highlights the effects that …

The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser

Research outputs 2022 to 2026

The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable presumption of an invalidating tendency’. Dixon J’s formulation was essentially adopted by the majority justices in Garcia v National Australia Bank and their judgment thus represents the definitive endorsement of Dixon J’s view. Kirby
J on the other hand rejected ‘the stereotype underlying Yerkey’, which he …