Digital Commons Network^™

Using Adaptive Governance To Protect Oregon’S Water Resources, Lauren Butz

Lewis & Clark Law Review

Over 30 years ago, Oregon adopted the innovative In-Stream Water Rights Act, which introduced new regulatory tools and incentives for encouraging efficient water consumption, and paved the way for the emergence of water trusts. However, Oregon’s water resources are under increasing strain as the state faces the challenges of over-appropriation and climate change. New solutions are needed to augment the existing regulatory framework. This Comment draws on the principles of adaptive governance and ecological resilience to formulate possible legal solutions to help the state adapt to increasing demands for water, proposing that Oregon leverage corporate social responsibility to encourage investments …

“I’D Never Let My Sister Do It”: Exploitation Within The U.S. Au Pair Program, Victoria Bejarano Hurst Muirhead

Lewis & Clark Law Review

The U.S. Au Pair Program, administered by the U.S. Department of State, is many things all at once: a cultural exchange program, a guest worker program, and an affordable childcare program. The hybrid nature of the program makes it attractive to foreign young people and U.S. host families alike. However, the hybrid nature of the program also renders au pairs susceptible to exploitation, particularly where labor rights are concerned. This Comment argues that in order to effectively mitigate the exploitation of au pairs, the Department of State must strengthen protections for au pairs and improve its oversight of the program, …

Presidential Election Reform: A Current National Imperative, Mark Bohnerst, Reed Hundt, Kate E. Morrow, Aviam Soifer

Lewis & Clark Law Review

This Article suggests several important practical reforms in how we choose our President and Vice President. It first identifies problems with the Electoral College system, and proposes solutions that would not require a constitutional amendment. The Article also discusses how the long-forgotten provisions of Section 2 of the Fourteenth Amendment authorize reduction in the electoral votes from states whose legislatures deprive or abridge the right of the people to vote for their presidential electors. By exploring the history and language of Section 2, this Article demonstrates that it was ratified with the specific purpose of preventing state legislatures from usurping …

Legal Liability For Artificially Intelligent "Robot Lawyers", Michael Loy

Lewis & Clark Law Review

This Comment discusses liability for the use of autonomous “robot lawyers” in the practice of law. A “robot lawyer” is an artificially intelligent (AI) software program that performs legal tasks traditionally handled by lawyers. Law firms currently use “non-autonomous” robot lawyers that operate under the supervision of a human attorney to assist in legal research, e-discovery, and contract drafting. In the future, “autonomous” robot lawyers that operate without human oversight may one day represent clients. However, courts and legislatures have not determined who will be liable for errors, omissions, malpractice, or other harms caused by autonomous robot lawyers. This Note …

Abolishing The Evidence-Based Paradigm, Erin R. Collins

Law Faculty Publications

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Fringe Inheriting: Probate Avoidance At Both Ends Of The Wealth Spectrum, Allison Anna Tait

Law Faculty Publications

The principal system in the United States for transferring wealth from one generation to the next - the probate system - is a historically and steadfastly public one. Probate is a set of public processes and a court system created to situate and facilitate wealth transfer, giving legal imprimatur to the distribution of family money. Nevertheless, while the probate system may be the central and most conventional system for transferring wealth, not all families and individuals avail themselves of the system. The broad swath of families who avail themselves of the services and certain benefits of the probate system are, …

Ounalsa Remembers Professors Strickland And Hager, Ryan Sailors

American Indian Law Review

No abstract provided.

Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim

Reports & Public Policy Documents

The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …

What Do We Know About Access To Public Benefits And Services Among Low-Income Minority Families?: A Scoping Review Of The Literature, Chi-Fang Wu, Steven G. Anderson, Anissa Sheena Chitwanga, Soohyun Yoon

The Journal of Sociology & Social Welfare

In a time of economic crisis following decades of reduced commitments to low-income families, it is critically important to improve our understanding of the obstacles encountered by low-income families attempting to access public benefits and services. Following PRISMA guidelines, this paper offers a scoping review of research published since 2000 that addresses the distinctive barriers encountered by minorities in the United States when attempting to access public benefits. While our review included studies on access to all types of public social welfare benefits, most research during the study period focused specifically on access issues in obtaining various forms of health …

Wage Recovery Funds, Elizabeth Ford

Faculty Articles

Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia

Cardozo Arts & Entertainment Law Journal

The article challenges the British Museum's claim that Lord Elgin legally and ethically acquired the Parthenon Sculptures with proper Ottoman authorization. It argues that the Museum's defense relies on flawed historical narratives, including the misrepresentation of key documents, and asserts that Elgin's actions were unlawful and harmful, undermining the Museum's moral and legal justification for retaining the sculptures.

Reducing Racial Disparity Of Youths Referred To The Juvenile Center, Kimberly Paige

Walden Dissertations and Doctoral Studies

In 2018, The Juvenile Center in St. Louis, Missouri acknowledged that they needed to decrease the racial disparity in the numbers and percentages of Black youths who were overrepresented compared to White youths at the front-end intake step of the facility. The purpose of this qualitative study was to gain insight as to whether there were alternative actions for police officers after they arrested the youths but before they referred them to the front-end intake step of The Juvenile Center. The main method of collecting data was an ethnographic interview in the form of a questionnaire to gather the community …

Experiences In Informal Mentoring Among African American Women In Management, Alexandria Simone Samuels-Ross

Walden Dissertations and Doctoral Studies

There is a lack of African American women representing senior management and executive positions within nonprofit organizations due to organizational culture, gender stereotypes, and failure to capitalize on the talents of women in general. The purpose of this generic qualitative study was to explore the informal mentoring experiences of African American women employed as managers for over two years in nonprofit organizations. Research has suggested the need for further study of on-the-job mentoring and its impact on employees’ job satisfaction and opportunities to advance within an organization. The theoretical framework that guided the study was social exchange theory, which is …

Job Satisfaction And Burnout Among Social Workers Providing Services To Veterans, Toni Jones

Walden Dissertations and Doctoral Studies

Social workers have been documented both experiencing job satisfaction with decreased levels of burnout and suffering from high stress and burnout. The job demands-resources (JDR) model was used to guide this study. The purpose of this study was to examine how social workers working with the veteran population describe how their job satisfaction affects their perceptions of burnout. A basic qualitative study design was employed with a purposeful sample of 12 social work participants drawn from multiple facilities that provide services to veterans. Data were collected from semistructured interviews and were analyzed using a thematic coding process, validation through member …

Impact Of Legal Representation On An Unaccompanied Child’S Immigration Case Outcome, Victoria Celia Castillo

Walden Dissertations and Doctoral Studies

Many of the unaccompanied children entering the United States by crossing the border from Mexico remain alone without legal protections, leaving them vulnerable to detention and deportation. The problem addressed in this study is the lack of availability and accessibility to legal representation for an unaccompanied child’s immigration proceedings. The theory of intersectionality by Kimberlé Crenshaw guided the study, as this theory is used to understand how multiple social identities, such as race and gender, intersect at the micro-level of individual experience to expose interlocking systems of privilege and oppression. For this nonexperimental quantitative study, secondary data from the Transactional …

Robert Cover’S Call To Teaching And Journey To Judaism, Randy Lee

Touro Law Review

As a teacher, Yale law professor Robert Cover never “dazzled,” “zinged,” nor “entertained”; he just engaged his students on a journey to the real and true that ultimately invited them to become the best version of themselves. As a Jew, Professor Cover wore an oversized skull cap, covered himself in a multicolored prayer shawl, and studied from a huge Talmud. He also, however, made everyone around him feel valued and welcomed and swept them up in a faith Professor Cover saw as wondrous and life-changing. This essay considers what the life of Robert Cover can teach us about what it …

Lessons From A Pandemic: Recommendations From The Georgia Tpo Forum For Strengthening Protections Against Domestic Violence, Christine M. Scartz, Sarah White, Jaime Boorman

Scholarly Works

A civil protective order in Georgia is commonly called a temporary protective order, or TPO. The Georgia TPO Forum (the Forum) is a collaborative effort among practitioners who are deeply passionate about ending domestic violence and minimizing its effects on victims.1 The Forum is made up of advocates and attorneys who work every day with people who need protection from violence. Members provide each other not only with suggestions and solutions to problems, but also a listening ear in a profession where another tragic case is always on its way. The Forum is also uniquely positioned to offer recommendations about …

Trapped Between Sovereigns: What's An Ethical Lawyer To Do When Federal, State, Or Local Criminal Laws Conflict?, Sander J. Morehead, James E. Moore, Chesney M. Arend

South Dakota Law Review

No abstract provided.

Kumble V. Voccola, 253 A.3d 1248 (R.I. 2021), Aryamen Andrew Omshehe

Roger Williams University Law Review

No abstract provided.

Subsequent Transferee’S Good Faith For Value Defense: The Second And Ninth Circuit’S Perspective, Alexa Schimp

Bankruptcy Research Library

(Excerpt)

Under section 548(a)(1) of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may “avoid any transfer . . . incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition” if there is either an “actual intent” fraudulent transfer or a “constructive” fraudulent transfer. The trustee, however, may not recover if a subsequent transferee can satisfy the good faith for value defense and demonstrate that it “t[ook] for value . . . in good faith, and without knowledge of the voidability of the …

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

Other Faculty Publications

No abstract provided.

Contractual Evolution, Matthew C. Jennejohn, Eric Talley

Faculty Scholarship

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …

Innovation In A Time Of Crisis: The Utah Supreme Court's Order On Emergency Diploma Privilege, Catherine Bramble

Faculty Scholarship

This article discusses the Utah Supreme Court's order on emergency diploma privilege during the COVID-19 pandemic.

Morris Bart Llc V Slocumb Law Firm Llc, Eastern District Of Louisiana

Historical and Topical Legal Documents

No abstract provided.

Daniloff V. Google, Oregon Circuit Court

Historical and Topical Legal Documents

No abstract provided.

Meta V. Brandtotal, Northern District Of California

Historical and Topical Legal Documents

Settlement

Equine Legal Solutions, Pc V. This Old Horse, District Of Oregon

Historical and Topical Legal Documents

No abstract provided.

On Positive Parenting: Preventing Disciplinary Violence Against Children Within Egyptian Households/ حول التربية الإيجابية: منع العنف التأديبي ضد الأطفال داخل الأسر المصرية, Injie Swailam, Menatalla Fahiem, Reem Hesham, Youstina Magdy

Papers, Posters, and Presentations

Violent disciplinary practices against children are in itself a juxtaposition since violence comes from a place of safety and from those children trust the most; their parents. Parents and caregivers violently discipline their children thinking they are helping them be better. More than 1 billion children around the world, aged 4-17 years old, experience violence (Hillis et al., 2016) from those considered their source of love and safety. In Egypt, 40% of the population is made of children, and 90% of those children have experienced some sort of domestic violence from their caregivers. Using physical, verbal, and sexual violence as …

The Hijacking: The Remnants Of Morrissey-Wolff Due Process In Solitary Confinement After Sandin V. Conner, Russell E. Lovell Ii

Nebraska Law Review

Fifty years ago, in 1972, the United States Supreme Court, in an opinion by its new Chief Justice Warren Burger, issued a landmark prisoners’ rights decision in Morrissey v. Brewer.1 It involved the constitutionality of a parole board’s revocation of paroles without a hearing, an issue that I had considerable involvement in during my law Legal Services Organization (LSO) of Indianapolis—including coauthoring an amicus curiae brief on behalf of Morrissey while the case was pending before the Supreme Court. The fiftieth anniversary of the Morrissey decision has provided the occasion to write a retrospective on the historic decision and …