Digital Commons Network^™

Our Clients’ Rights On Mute: Virtual Court, Due Process, And Judicial Discretion, Beena I. Ahmad, Julia Elhai

City University of New York Law Review

The use of videoconferencing as a substitute for in-person appearances began in immigration proceedings in the mid-1990s. During the height of the COVID-19 pandemic, its use expanded significantly in the criminal and civil contexts, when both state and federal courts invested heavily in the technology needed to conduct proceedings remotely. As we have exited the pandemic, courts have eagerly embraced virtual proceedings to reduce their overburdened dockets. Drawing from our experiences in federal and state court, we argue that judges should not be granted discretion to proceed by videoconferencing.

We posit that there is too great a danger that the …

Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling

Georgetown Law Faculty Publications and Other Works

Since the emergence of modern clinical legal education, law school clinics have periodically faced political interference in their selection of clients and cases, interference that threatens clinics’ essential dual missions of training practice-ready lawyers and providing legal services to marginalized clients who would otherwise lack representation. While such pressure is not new, contemporary threats differ in scale and institutional form. Today, funding, oversight, and enforcement mechanisms are weaponized in an attempt to discipline universities, heightening institutional anxiety and prompting some universities to contemplate preemptive constraints on clinic autonomy in the name of risk management and reputational protection. This shift to …

A Trusteeship Theory Of Pro Bono: Versions And Perversions, David Luban

Georgetown Law Faculty Publications and Other Works

This chapter develops a trusteeship justification of pro bono, arguing that lawyers, as trustees of a public legal system created through democratic self-authorship, have a moral obligation to help address the persistent justice gap affecting persons of limited means. It evaluates multiple forms of pro bono — including voluntary, mandatory, low bono, and state-compelled service — evaluating how well each aligns with the trusteeship model. The chapter contrasts the trusteeship theory with, and criticizes, two alternative justifications for pro bono: presumed lawyer consent rooted in professional tradition and a quid pro quo based on state-authorized privileges. It concludes by distinguishing …

Outside Counsel Guidelines: Power, Ideology, And The Evolution Of The Corporate Bar, Bruce A. Green, Eli Wald

Faculty Scholarship

Outside Counsel Guidelines (“OCGs”), terms of the lawyer–client relationship imposed by corporations, are a significant development in the practice of law by large corporate law firms (“BigLaw”). Among the most controversial OCGs are those that expand on law firms’ fiduciary obligations, thereby restricting their future clientele. The organized bar maintains that rules of professional conduct should restrict lawyers’ acquiescence to these OCGs because they limit clients’ access to legal services and undermine lawyers’ independence without advancing corporate clients’ legitimate interests.

This Article shows why the bar’s effort has (very recently) deservedly failed: corporate clients have a legitimate interest in demanding …

Harnessing Your Superpower As A Lawyer, Rebecca Frank Dallet

Marquette Law Review

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At The Intersection Of Property And Disaster Recovery, Jeanne Ortiz-Ortiz

Faculty Publications

(Excerpt)

When disaster strikes, communities rally to meet urgent, short-term needs—food, shelter, and medical care that keep people alive and safe in the immediate aftermath. For days, we see images of flooded streets, emergency shelters, and calls to support fundraising campaigns in the media cycle. Long-term recovery after a disaster often depends on something less visible: the ability of people, especially those experiencing economic insecurity, to rebuild or return to stable, functional homes.

The outcome of this largely depends on whether families can navigate and access assistance programs like those offered by the Federal Emergency Management Agency (FEMA). Can you …

Supporting Mothers Within The Criminal Legal System: Programs In Akron And Perceptions Of “Good Motherhood”, Brynn R. Lewis

Williams Honors College, Honors Research Projects

This paper examines the programs and support systems available in Akron, Ohio, for mothers involved in the criminal legal system, including defendants, survivors, and other justice-involved individuals. Using qualitative interviews (n = 6) with professionals across courts, legal defense, community corrections, and advocacy organizations, this study examines how local institutions provide resources and support to mothers. Findings indicate that while programs aim to promote stability and rehabilitation, mothers face persistent barriers such as limited access to transportation, childcare, and communication, as well as heightened stigma tied to societal expectations of caregiving. These findings reveal that institutional support both reflects and …

Ain’T Nothing Like The Real Thing: How Legal Research Programs Can Provide The Needed Safety Rails For Pro Se Litigants Using Ai In Litigation, Nicole Belbin

Faculty Scholarship

An estimated 92% of legal needs go unmet in America, leaving a growing number of pro se litigants to “manage their own cause.” Between 2000 and 2019, 27% of all civil cases filed in U.S. District Courts, totaling 1,501,079 cases, had at least one party without attorney representation. The legal profession is abuzz about the potential for generative artificial intelligence (GenAI) tools to “smooth out any mismatch between available resources and urgent needs in our court system”; however, “hallucinations” have quickly proved a limitation to reaching this technology’s full potential. The complexity of legal research and analysis increases the chance …

How International Organizations Regulate Lobbyist Access, Melissa (M.J.) Durkee

Scholarship@WashULaw

This chapter explores how international organizations (IOs) regulate lobbyist access through participation frameworks rather than traditional lobbying laws. While no unified international lobbying regime exists, IOs use rules on NGO 'consultation' and 'engagement' to structure access. These rules, rooted in historical practices like the UN's Economic and Social Council (ECOSOC) accreditation system, prioritize representativeness and legitimacy over transparency and accountability. As lobbying increasingly targets international forums, concerns about undue influence (the 'lobbying critique') and insufficient stakeholder inclusion (the 'access critique') have driven divergent reforms: some IOs, like the World Health Organization, have adopted stricter controls; others, such as the GAVI …

Project Learn Strategic Analysis, Kendall Hegan, Hunter Kay, Abigail Miller, Rina Xayasy

Williams Honors College, Honors Research Projects

The strategic analysis of Project LEARN seeks to analyze the background, purpose, internal structures, and external factors of the organization. After further analysis the team will propose strategic recommendations backed by academic research and concepts learned throughout the strategic management course. Through consistent personal communication and documents provided by the Project LEARN staff the team will develop an in-depth analysis that seeks to add creative new initiatives as well as highlighting the current core competencies of the organization.

Artificial Intelligence And Automated Decision-Making In Employment: The Future Of The Embattled Disparate Impact Theory Of Discrimination Under Title Vii, Daniel S. Alcorn

Journal of Law, Technology, & the Internet

Artificial intelligence now makes core employment decisions—from resume screening and video interviews to promotion and termination—yet Title VII’s disparate impact doctrine was built for paper tests, not black-box models. This Article argues that, while under attack by the Trump Administration and a minority of the U.S. Supreme Court, disparate impact remains indispensable but increasingly inadequate without adaptation. We show how algorithmic opacity frustrates causation, vendor delegation diffuses liability, predictive-accuracy claims distort “business necessity,” and trade-secret barriers impede proof of less-discriminatory alternatives. Drawing on emerging U.S. and comparative regimes, we propose a practical toolkit: (1) treat the algorithmic system as the …

Northeastern Illinois University, Academic Catalog 2026-2027, Northeastern Illinois University

Course Catalogs

No abstract provided.

Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The CMC Grant Program remains a vital statewide investment in equitable access to justice and community well-being in Massachusetts. In FY2025, the Commonwealth allocated $3,100,202 to the Program, with $2,376,002 awarded directly to 12 community mediation Centers for operational support, technical assistance, and participation in statewide initiatives. These funds continued to serve as the financial foundation of the community mediation system, accounting for half of Centers’ collective revenue and enabling them to leverage an additional $2,435,797 from private, municipal, state, and federal partners—demonstrating strong public return on state appropriations. Despite a funding reduction in FY2025, the Program generated …

Interpreting Anti-Boycott Laws In The Shadow Of The First Amendment, Joseph A. Tomain

University of Florida Journal of Law & Public Policy

Thirty-eight states have enacted “anti-BDS” laws. These laws require people or entities doing business with the state to certify that they do not participate in the Boycott Divestment Sanction movement against Israel. Typically, these laws define boycott as a “refusal to deal, terminating business, or other actions” that limit commercial relations with Israel or Israeli entities. It is highly contested in the courts and commentary whether these anti-boycott laws violate the First Amendment. Assuming arguendo that the “refusal to deal” and “terminating business” clauses do not implicate the First Amendment, that leaves the residual clause. At least one court and …

Rivera V Triad Properties, Northern District Of Alabama

Historical and Topical Legal Documents

No abstract provided.

Evaluating Tenant Education Programs At Portsmouth Redevelopment & Housing Authority, Jordyn Taylor

Master of Urban and Regional Planning Capstone Projects

This professional plan evaluates the effectiveness of tenant education programs offered by the Portsmouth Redevelopment and Housing Authority (PRHA) in Portsmouth, Virginia. The study incorporates both tenant and staff perspectives while acknowledging the historical and structural inequities embedded within public housing systems. It focuses on how existing programs support tenant empowerment, housing stability, and long-term self-sufficiency.

Findings indicate that while PRHA programs provide meaningful support to residents, there are notable gaps in accessibility, engagement, and program clarity. In response, this plan recommends enhancements that emphasize more structured, outcome-oriented programming, particularly in areas such as financial literacy, credit repair, and pathways …

The Military Discharge Review Boards’ Irregular Presumption Of Regularity, Jessica Lynn Wherry

Chapman Law Review

“There is a presumption of regularity in the conduct of governmental affairs.” With these twelve words in the Department of Defense’s Code of Federal Regulations, the military discharge review boards (DRBs) have denied relief to thousands of veteran-applicants seeking a discharge upgrade. While seemingly innocuous, this administrative principle has become a nearly insurmountable barrier to relief for veterans with a less-than-honorable discharge. Veterans with a less-than-honorable discharge are generally ineligible for a range of veterans benefits, including health care and education benefits, and they have higher suicide rates compared to honorably discharged veterans.

For most veteran-applicants, the administrative path to …

Tilting The Playing Field: Executive Attacks On Big Law Firms As A Mechanism Of American Competitive Authoritarianism, Sajah Ali

CMC Senior Theses

This thesis examines how President Donald Trump’s executive campaign against elite law firms, collectively known as “Big Law,” serves as a concrete case study of competitive authoritarianism in action. Drawing on Steven Levitsky and Lucan Way’s framework in their work The Path to American Authoritarianism, this thesis applies their four pillars of competitive authoritarianism to the administration’s executive orders targeting major law firms and maps those pillars onto three distinct firm responses: fighting back, capitulation, and quiet retreat. Situating this case study within the broader political context of Trump’s second term, this thesis finds that while the United States has …

Understanding Wage Theft: Beyond The Numbers Through Community Practice, Lived Experience, And Research, André Simões Da Silva, Lenita Reason, Cristina Araujo Brinkerhoff

Gastón Institute Publications

Wage theft is a widespread form of labor exploitation that disproportionately affects immigrant and other vulnerable workers. This report examines the scope and impact of wage theft in Massachusetts by analyzing case data from the Brazilian Worker Center (BWC) alongside wage and labor enforcement data from the Massachusetts Attorney General’s Office (AGO). The analysis demonstrates how wage theft affects immigrant workers across industries, with particularly high numbers of cases in construction, cleaning, and hospitality. The data also reveal significant gaps in the reporting and enforcement of wage violations, particularly among domestic workers, whose cases are likely substantially underrepresented in available …

Armstrong V. Elizabeth, Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.

Confidentiality And Legal Aid Data, Keith Porcaro

Duke Center on Law & Technology

This report assesses the reidentification risk of civil legal aid reporting data in Washington State, and suggests strategies for mitigating that risk.

‘Prov[Ing] What You Already Know’: The Overreliance On Medical Evidence In Adjudicating Ontario Disability Support Program Applications, Alison Imrie

Journal of Law and Social Policy

The Ontario Disability Support Program (ODSP) relies heavily on medical evidence when adjudicating applications. In doing so, it positions healthcare providers as the undisputed experts on applicants’ disabilities. This poses particular challenges for applicants with under-recognized or misunderstood medical conditions like Myalgic Encelphalomyelitis/Chronic Fatigue Syndrome (ME/CFS), who may struggle to obtain adequate medical care and thus adequate medical evidence for the purpose of ODSP applications. Through qualitative interviews with five individuals with ME/CFS who applied for ODSP, this paper illuminates the particular challenges faced by those with ME/CFS and other under-recognized disabilities in the ODSP application process. Drawing on literature …

Niu Working Papers 2025 - 2026, Northern Illinois University

Working Papers

No abstract provided.

Is Being A Shareholder ‘In Name Only’ A Problem?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column addresses the legal risks for Michigan dentists entering "shareholder in name only" agreements with non-dentist entities. Michigan law requires dental practices to be owned by licensed dentists to ensure professional control over public healthcare. Arrangements where management companies or manufacturers can reclaim stock for a nominal fee effectively strip the dentist of true ownership. This lack of control can lead to ethical conflicts, such as pressure to sell specific appliances regardless of professional judgment. Engaging in such schemes may endanger a dentist's license by thwarting state laws intended to protect clinical independence.

Taxing Ai, Assaf Harpaz

Scholarly Works

Artificial intelligence (AI) is poised to transform the distribution and sources of income, with some experts predicting widespread job displacement. Even under optimistic projections, AI is expected to exacerbate wealth inequality, given that the technology’s ownership and immense value are concentrated within a subset of Big Tech companies and AI startups. These outcomes will have far-reaching impacts on the federal tax system, which heavily relies on taxing individual labor income and payroll, rather than capital or consumption.

This Article argues that AI threatens to disrupt the tax system’s ability to fulfill its fundamental goals of raising revenue, redistributing income, and …

Protecting Democracy Through Servant Leadership Actions On The Jury Trial System, Laura Anne Rose

South Dakota Law Review

In the face of the declining use of the right to trial by jury, this article argues for more action by members of the legal profession, and specifically action grounded in the principles of servant leadership. The article covers the historic roots of the right to trial by jury before turning to its importance in the areas of civic education, continuing legal education, legislative efforts, and innovative interdisciplinary courses in legal education. The article posits that members of the legal profession in all stages of their careers must defend the right to trial by jury through servant-leader based action in …

H. Thomas Wells, Jr. Aba President (2008-2009) Collection, University Of Alabama School Of Law

Manuscript Collections

The H. Thomas Wells, Jr. ABA President (2008-2009) Collection consists of two cubic feet of correspondence, remarks, and speeches from his time as president of the organization.

To see a digital version of this collection, please visit the H. Thomas Wells, Jr. ABA President (2008-2009) Collection.

Howell Thomas Heflin Collection, University Of Alabama School Of Law

Manuscript Collections

The Howell Thomas Heflin Collection documents Heflin's years as legal reformer and Alabama State Supreme Court Chief Justice, as well as his tenure as United States Senator through press clippings, scrapbooks, speech files, audiotapes, videotapes, press releases and statements, newsletters and various printed materials, photographs, negatives, campaign materials, and memorabilia.

Turner Reavis Collection, University Of Alabama School Of Law

Manuscript Collections

This collection includes documents, photographs, and materials pertaining to the life, career, and extended family history of Turner Reavis (June 18, 1812 - June 13, 1872). Reavis was a businessman, attorney, judge, state senator, and a published author.

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …