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Revisiting Law Society Disciplinary Powers Over The Attorney General: Professional Discipline For Policy Decisions?, Andrew Flavelle Martin Jan 2026

Revisiting Law Society Disciplinary Powers Over The Attorney General: Professional Discipline For Policy Decisions?, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In this article, I assess whether the law society can, and should, discipline the attorney general for their policy decisions and those of the cabinet. In addition to a parallel to policy immunity in tort law, I also consider other potential restrictions applicable to policy decisions, including the scope of parliamentary privilege—and related concepts—as apparently broadened in more recent decisions by the Supreme Court of Canada.

This article consists of five parts after this introduction. I begin in Part II by revisiting the statutory jurisdiction of the law society and the impact of the rule of law considerations embodied in …


Statutory Immunity Of The Attorney General From Law Society Discipline In Alberta: A Comment In Justice Statutes Amendment Act, 2025, Andrew Flavelle Martin Jan 2026

Statutory Immunity Of The Attorney General From Law Society Discipline In Alberta: A Comment In Justice Statutes Amendment Act, 2025, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In December 2025, Alberta became the second Canadian province to grant its Attorney General statutory immunity from law society discipline. This comment analyzes this amendment to the Legal Profession Act and the rationales and critiques that emerged during the legislative process. It argues that, while some of the critiques were misplaced, the rationales given by the government are problematic in themselves and insufficient to justify the tension between the immunity of the Attorney General to law society discipline and the constitutional principle of the rule of law. In the absence of a more clearly articulated and justified rationale for adopting …


Community Resources For Older Adults With Age-Related Disabilities And Chronic Conditions: A Scoping Review, Oejin Shin, Sojung Park, Soobin Park, Sarah Sunghye Kang, Sunghei Han, Eunsun Kwon, Seoyeon Ahn, Borin Kim Jan 2026

Community Resources For Older Adults With Age-Related Disabilities And Chronic Conditions: A Scoping Review, Oejin Shin, Sojung Park, Soobin Park, Sarah Sunghye Kang, Sunghei Han, Eunsun Kwon, Seoyeon Ahn, Borin Kim

Faculty Publications - Social Work

Community resources are essential for supporting older adults with disabilities and chronic conditions, yet how these resources are conceptualized and evaluated across the empirical literature remains unclear. This scoping review synthesizes U.S.-based research on community resources for older adults with age-related disabilities and chronic conditions, guided by the PAGER framework. Following PRISMA-ScR guidelines, we searched MEDLINE, PsycINFO, CINAHL, and Web of Science, ultimately including 21 peer-reviewed studies. Findings reveal four primary resource domains: healthcare-based services, home- and community-based services (HCBS), behavioral health supports, and environmental or structural resources. Accessibility and utilization emerged as the most consistently examined dimensions, while quality …


Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo Jan 2026

Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo

Fordham Urban Law Journal

No abstract provided.


From Community College To Degree: Examining The Success Of Undocumented Community College Transfer Students, Carmen Celina Macias Limon Jan 2026

From Community College To Degree: Examining The Success Of Undocumented Community College Transfer Students, Carmen Celina Macias Limon

CGU Theses & Dissertations

This qualitative dissertation explored the academic trajectories of 31 undocumented Latinx students in California who began their postsecondary education at community colleges and graduated from 4-year institutions. Guided by the undocumented community of trust model, which integrates Yosso’s (2005) community cultural wealth framework, Coleman’s (1994) theory of trust, and the newly introduced concept of alliance capital, this study examined how students leveraged seven forms of capital (i.e., aspirational, familial, navigational, social, resistance, linguistic, and alliance) to overcome educational barriers. It also examined the factors that shaped undocumented community college students’ willingness to trust and disclose their immigration status. Using a …


Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods Jan 2026

Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods

Journal of Criminal Law and Criminology

This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.

This study …


A Qualitative Interpretive Meta-Synthesis On The Lived Experiences Of Labor Trafficking Survivors, Paola T. Chavez Reyes Jan 2026

A Qualitative Interpretive Meta-Synthesis On The Lived Experiences Of Labor Trafficking Survivors, Paola T. Chavez Reyes

Social Work Theses

Across the globe, an estimated 27.6 million people are in forced labor. Despite this widespread prevalence, labor trafficking (LT) in the United States remains difficult to identify and is often overlooked. This study aims to synthesize LT experiences of survivors and providers accounts at the point of recruitment and during victimization to inform identification efforts. A qualitative interpretive meta-synthesis was conducted using directed content analysis guided by Social Cognition Theory. Peer-reviewed studies documenting LT survivor experiences from 2013-2025 were systematically analyzed to identify the interaction between cognitive processes, environmental influences, and behavioral responses. Across seven studies, the findings reveal that …


Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth Jan 2026

Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth

Dalhousie Law Journal

Supervision has been described as the “beating heart” and the “core” of clinical legal education. Yet lawyers who supervise law students in clinical programs have challenging and poorly understood roles within Canadian legal education. This article analyzes interviews with lawyers who supervise students in Canadian law-school affiliated legal clinics. Supervising lawyers describe the tensions between their roles as lawyers, supervisors and mentors, university or non-profit employees, social justice advocates, members of law societies, and clinic team members. These tensions often exist within an environment of lower pay, poor job security, substandard treatment by colleagues, and inadequate training. Despite these challenges, …


Chapter 7 - Case Planning, Anthony G. Amsterdam, Randy A. Hertz Jan 2026

Chapter 7 - Case Planning, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

This chapter is designed to assist counsel in forming a plan of action and implementing it. Every case is unique in its facts and in the series of tasks that must be performed to prepare it for trial. But some generalizations are possible regarding techniques and considerations that can usefully guide counsel’s strategic planning. Section 7.2 describes a process for developing a theory of the case and explains the ways in which counsel can use the defense theory to guide the vital fact-gathering process (§ 7.2.2 infra), the selection and drafting of motions (§ 7.2.3 infra), and the actions that …


The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe Jan 2026

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.


Are We In Oz? The Constitutionality Of Inhumane Treatment In Noncitizen Detainment Centers, Grace Callahan Jan 2026

Are We In Oz? The Constitutionality Of Inhumane Treatment In Noncitizen Detainment Centers, Grace Callahan

Student Works

No abstract provided.


Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland Jan 2026

Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland

Student Works

No abstract provided.


Disclose Tenant Rights: A Call For Congress To Pass A Conditional Spending Grant For State-Mandated Tenant Disclosure Forms, Salvatore Imbornone Iii Jan 2026

Disclose Tenant Rights: A Call For Congress To Pass A Conditional Spending Grant For State-Mandated Tenant Disclosure Forms, Salvatore Imbornone Iii

Student Works

No abstract provided.


Stephen Ellmann Clinical Theory Workshop Bibliography (1985-2025), New York Law School Jan 2026

Stephen Ellmann Clinical Theory Workshop Bibliography (1985-2025), New York Law School

Clinical Theory Workshop

No abstract provided.


The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster Jan 2026

The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster

Scholarly Works

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers …


Ensuring Ai Adequacy For Class Members, Alissa Del Riego Jan 2026

Ensuring Ai Adequacy For Class Members, Alissa Del Riego

Nova Law Review

No abstract provided.


Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota Jan 2026

Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This chapter critically examines the intersection of mandatory continuing legal education (MCLE) and pro bono service in the United States, focusing on the growing practice of awarding MCLE credits for pro bono work. It argues that MCLE, widely justified as promoting lawyer competence, rests on a striking lack of empirical support and is structured in ways that undermine effective professional learning. A pro bono option for earning MCLE credit, introduced as an incentive to expand access to justice, has similarly failed to demonstrate measurable impacts on pro bono participation. Nonetheless, the pro bono option holds untapped potential because, if properly …


Maine Law Magazine - Issue No. 100, University Of Maine School Of Law Jan 2026

Maine Law Magazine - Issue No. 100, University Of Maine School Of Law

Maine Law Magazine

Features

  • Maine Law’s Privacy Program Continues to Innovate
    How Maine Law’s privacy and innovation programs are preparing students for emerging legal challenges.
  • New Business & Law Clinic
    Strengthening Maine’s economy one startup at a time.
  • Global Experiential Learning
    From the Arctic Circle to U.N. climate negotiations, students engage with environmental law where it happens.
  • Rural Access to Justice
    The Rural Practice Clinic’s impact on Maine’s growing justice gap.
  • Law & Conservation Efforts
    How Maine Law alumni steward change and safeguard the future through environmental advocacy.
  • Supporting Maine’s Vulnerable
    The Refugee & Human Rights Clinic expands access to justice across Maine. …


The Civil Justice Business, J. Maria Glover Jan 2026

The Civil Justice Business, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

Our civil justice system rests on certain foundational commitments: to make rights real for those the law protects, regardless of their station; to hold wrongdoers accountable, no matter their power; and to deter misconduct in a landscape that depends, above all, on private enforcement for the regulation of wrongdoing. We put great faith in these values.

Civil justice, for all its lofty goals, is also a business. Attorneys and liability insurers have long had their own economic stakes in litigation, under their own professional and regulatory norms. But now, a new litigation finance industry has arisen: outside investors provide equity …


Author Biographies Jan 2026

Author Biographies

Roger Williams University Law Review

No abstract provided.


A Personal Take: An Argument In Favor Of Adopting The Uniform Partition Of Heirs Property Act In Rhode Island, Isiah Dipina, Natasha Varyani Jan 2026

A Personal Take: An Argument In Favor Of Adopting The Uniform Partition Of Heirs Property Act In Rhode Island, Isiah Dipina, Natasha Varyani

Roger Williams University Law Review

No abstract provided.


Beyond Amateurism: The Evolving Role Of Sports Agents In The Nil Era, Madison Taylor Jan 2026

Beyond Amateurism: The Evolving Role Of Sports Agents In The Nil Era, Madison Taylor

Student Works

No abstract provided.


Are Courts Developing A Consistent Standard For Sanctioning Attorneys Who Misuse Genai In Legal Filings?, Natalia Borges Jan 2026

Are Courts Developing A Consistent Standard For Sanctioning Attorneys Who Misuse Genai In Legal Filings?, Natalia Borges

Honors Undergraduate Theses

This thesis examines whether Florida courts are developing an emerging statewide standard governing attorney use of generative artificial intelligence in litigation and whether this trend supports the need for formal statewide codification. This study addresses growing concerns about fabricated citations, unverified legal research, attorney sanctions, and inconsistent disclosure practices as generative artificial intelligence becomes integrated into legal drafting and research. This research reviews the Florida Rules regulating the Florida Bar, ethics guidance on generative AI, Florida procedural certification requirements, disciplinary actions, and administrative orders from Florida judicial circuits that require disclosure and verification of artificial intelligence use in court filings. …


The Best Of Both Worlds: How Artificial Intelligence Can Balance Precision And Flexibility In Article 9 Search Logic, Lindsay Martin Mayes Jan 2026

The Best Of Both Worlds: How Artificial Intelligence Can Balance Precision And Flexibility In Article 9 Search Logic, Lindsay Martin Mayes

Oklahoma Law Review

No abstract provided.


Discrimination In The Trademark Id Manual, Rachael Dickson Jan 2026

Discrimination In The Trademark Id Manual, Rachael Dickson

Fordham Intellectual Property, Media and Entertainment Law Journal

Using evidence drawn from the USPTO’s treatment of 221 identifications submitted for inclusion in the Trademark ID Manual (including 43 this Author submitted on their own and as part of a team), this Article, the first ever written on the ID Manual, argues that the USPTO’s administration of the Manual systematically disadvantages trademark applicants offering lawful but socially disfavored goods or services, such as those relating to cannabis, sexual health, or “vice.”

By deliberately refusing to include identifications of goods and services relating to entire categories of commerce in the ID Manual, the USPTO imposes higher costs, greater uncertainty, and …


Graciela Olivarez Award, Hispanic Law Students Association, Ndls Jan 2026

Graciela Olivarez Award, Hispanic Law Students Association, Ndls

Student, Faculty, and Staff Awards

The Notre Dame Hispanic Law Student Association, HLSA, annually recognizes The Outstanding Hispanic Lawyer or Judge that best exemplifies the principles and ideals of the pioneer for whom this award is named, including commitment to community service, demonstration of the highest ethical and moral standards, and dedication to justice.


Tia B. Paulette And Erika S. Gustin Award, Notre Dame Law School Jan 2026

Tia B. Paulette And Erika S. Gustin Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Given to the third-year law students who have demonstrated a personal and professional commitment to criminal justice and the public interest while furthering the goals of the Exoneration Justice Clinic and Notre Dame Exoneration Project student group.


Champions For Justice Award, Notre Dame Law School Jan 2026

Champions For Justice Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The students recognized during the Champion for Justice reception have exemplified Father Theodore Hesburgh’s call to hunger for justice and “realize that competence in the law without compassion leads the lawyer to use the law for other purposes than the works of justice and blinds him to the sad plight of persons who suffer injustice for want of a lawyer champion.”

The following graduating law students have exhibited extraordinary commitment to public service during their time in law school. Through their participation in summer internships and/or law school clinics and externships, they have demonstrated a lasting commitment to serving others …


Thomas L. Shaffer Public Interest Fellowship, Notre Dame Law School Jan 2026

Thomas L. Shaffer Public Interest Fellowship, Notre Dame Law School

Student, Faculty, and Staff Awards

The Shaffer Fellowship, named in honor of former dean and professor Thomas L. Shaffer and funded by donor support, is awarded yearly to two members of Notre Dame Law School’s graduating class. The fellows’ salaries and benefits are covered while they work for two years at a nonprofit organization providing legal services to low-income or other underrepresented populations. The award was previously called the Notre Dame Law Fellowship.


Conrad Kellenberg Award, Student Bar Association Jan 2026

Conrad Kellenberg Award, Student Bar Association

Student, Faculty, and Staff Awards

In honor of Professor Conrad Kellenberg’s fifty years of service to the Notre Dame Law School and the local community, this award is annually given to a graduating student chosen by the 3L class. The recipient has dedicated substantial time to improving the community through service. In keeping with the legacy Professor Kellenberg created, such service includes participation in the Notre Dame Legal Aid Clinic, volunteering at local community organizations, and to mentoring youth in the South Bend area.