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Penn State Dickinson Law

2019

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Articles 1 - 30 of 71

Full-Text Articles in Law

Exposing The Imposter: Imposter Syndrome & Legal Writing Faculty, Sara L. Ochs Dec 2019

Exposing The Imposter: Imposter Syndrome & Legal Writing Faculty, Sara L. Ochs

Events at Dickinson Law

Legal academics often report crippling feelings of insecurity and inadequacy, symptoms of a widespread trend labeled as “imposter syndrome.” Experts have defined this phenomenon as a “deep and sometimes paralyzing belief that we have been given something we didn’t earn and don’t deserve and that at some point we’ll be exposed.” Given the evident hierarchies in legal academia, these feelings are especially prominent among legal writing faculty, and even more so among those in untenured positions. Using empirical data acquired from law professors, this presentation will analyze the prevalence and causes of imposter syndrome among legal writing faculty and will …


Research Instruction At Yale Law School, Julie Graves Krishnaswami Dec 2019

Research Instruction At Yale Law School, Julie Graves Krishnaswami

Events at Dickinson Law

At Yale Law School, the Law Librarians take a holistic approach to providing legal research instruction. With that approach, we meet students where they are – academically and curricularly – through courses, reference consultations, guest lectures, and workshops. We provide elective research instruction in a variety of fora to meet the needs of our students. Our research courses are elective and are supplemented by workshops and guest lectures in clinical and doctrinal courses, and for student groups. Yale Law School students recognize the need for research instruction, and we have expanded our offerings to meet demand. The Law Library’s holistic …


Making Two Separates Equal: Combining Graduation Requirements And Research And Writing Skills, Ann Walsh Long Dec 2019

Making Two Separates Equal: Combining Graduation Requirements And Research And Writing Skills, Ann Walsh Long

Events at Dickinson Law

ABA Standard 303 requires that a law school offer a curriculum that requires each student to satisfactorily complete at least one professional responsibility course, one upper-level writing course, and one or more experiential course(s) totaling at least six credit hours. While the same class cannot count toward more than one of these requirements, Interpretation 303-1 allows one course to count as "either as an upper-class writing requirement or as a simulation course provided the course meets all of the requirements of both types of courses and the law school permits a student to use the course to satisfy only one …


The Traditional Legal Analysis, Research, And Writing Course: Does Subject Synthesis Serve Students Best?, Anna Hemingway, Sherri Keene Dec 2019

The Traditional Legal Analysis, Research, And Writing Course: Does Subject Synthesis Serve Students Best?, Anna Hemingway, Sherri Keene

Events at Dickinson Law

Most law schools’ first-year curriculums include a course on legal analysis, research, and writing. At many law schools, the synthesis of these subjects into one course is considered the best way to teach first-year law students basic lawyering skills. Recently, however, law schools have begun to separate the topics into stand-alone courses. This presentation will review the different models law schools are currently using and will explore additional opportunities to remix the individual topics with other first-year courses.


Incorporating Short Writing Exercises Into Traditional Exam Courses: How To Do It & How To Encourage Others To Do It Too!, Candace Centeno Dec 2019

Incorporating Short Writing Exercises Into Traditional Exam Courses: How To Do It & How To Encourage Others To Do It Too!, Candace Centeno

Events at Dickinson Law

This presentation will discuss how to incorporate short writing exercises into a traditional exam class & how to encourage others to do the same. The presentation will first briefly discuss a sample writing exercise used in an upper level elective that also has a final examination; in sum, the writing exercise builds upon the email analysis instruction provided in the 1L Legal Writing Program. This short exercise provides an opportunity for the professor to help students refine their writing and organization & to see if the students are understanding basic concepts. The presentation will then explore ways to encourage other …


Mastering The Model Answer, Elizabeth Sherowski Dec 2019

Mastering The Model Answer, Elizabeth Sherowski

Events at Dickinson Law

One way to encourage professors to assign written work across the law school curriculum is to assure them that providing feedback on the writing won't take up too much time. Giving students a post-assignment model answer is an effective way to save time on providing feedback, but most students don't know how to use model answers effectively, and many professors don't know how to draft an effective model answer. This presentation shows LRW professors how to share their pedagogical expertise with faculty across the curriculum to help their colleagues 1) devise pedagogically sound model answers and 2) train their students …


Connect 4: Student + Research + Writing + Theory, Nicole R. Chong Dec 2019

Connect 4: Student + Research + Writing + Theory, Nicole R. Chong

Events at Dickinson Law

We often see first-year law students failing to make connections between research, writing, and theory. First-year students tend to view their classes in separate silos. As students advance into the upper-level curriculum, the failed connections are exacerbated. Students are unable to connect what they learned in the first year of law school to the classes they are now taking in their last two years of law school. Additionally, upper-level faculty who assume that the students are making connections when they are not further compound this connection problem. The connection failure can result in a number of problems. How do we …


From The First Day Forward: Integrating Legal Research Into Law School Doctrinal Courses, Clanitra S. Nejdl Dec 2019

From The First Day Forward: Integrating Legal Research Into Law School Doctrinal Courses, Clanitra S. Nejdl

Events at Dickinson Law

This presentation focuses on the benefits of partnering with doctrinal professors to integrate legal research into law school doctrinal classes. The presenter will discuss best practices for the integration process. She will also share ideas and tips for developing meaningful collaborations with doctrinal faculty members and explain how she worked with Civil Procedure professors to integrate research into their classes.


Taking Collective Action To Integrate The Law School Curriculum, Sherri Thomas, Michelle Rigual Dec 2019

Taking Collective Action To Integrate The Law School Curriculum, Sherri Thomas, Michelle Rigual

Events at Dickinson Law

Successfully dismantling the “separate but equal” paradigm to integrate Legal Research and Writing courses into the law school curriculum is a long-term proposition that is unlikely to succeed through a single campaign. At University of New Mexico, several negative hierarchical structures have stood in the way of curricular integration, including some surprising ones that arise from within the legal writing and research faculties. In this session, we’ll discuss these structures, the tools we are using to challenge them, and the successes we have experienced thus far.


The Foundational Skills And Methods That Unify All First-Year Courses, Scott Rempell Dec 2019

The Foundational Skills And Methods That Unify All First-Year Courses, Scott Rempell

Events at Dickinson Law

Many perceive LRW courses as important for practice yet largely distinct from the core “doctrinal” courses that purport to teach students how to “think like a lawyer.” However, a remarkably consistent core of skills and methods of thought unify all first-year courses. If these core skills and methods are at the heart of all first-year courses, then the professors who should cover them in class have to acknowledge they exist and work together to teach them. In short, to break down barriers, LRW professors have to bring to the surface the framework underlying core law school learning objectives – a …


Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman Oct 2019

Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman

Dickinson Law Review (2017-Present)

Declared a public health emergency by the federal government, the opioid crisis often places children in foster care when parents fatally succumb to their addictions. To unburden the foster care system and to accommodate family members who want to care for these children, Pennsylvania enacted Act No. 21 on July 3, 2018, to expand custody standing to include certain third parties. However, because the legislature has not expanded the legal definition of “parent,” Act No. 21 poses a threat to the legal rights of nonbiological LGBTQ parents.

This Comment begins by explaining how the opioid crisis motivated the Pennsylvania legislature …


Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington Oct 2019

Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington

Dickinson Law Review (2017-Present)

When a business files for protection under Chapter 11 bankruptcy, it must begin to pay off its debt by reorganizing or liquidating its assets. Oftentimes, both processes include terminating employees to reduce the business’s expenditures. As a result of these terminations, former employees might file a “class proof of claim” against the business to preserve any claims of unpaid wages or violations of federal law.

Whether a group may file a class proof of claim against a debtor in bankruptcy remains unclear. The Tenth Circuit has rejected the class proof of claim in bankruptcy. The remaining circuit courts that have …


Distressed Watershed: A Designation To Ease The Algae Crisis In Lake Erie And Beyond, Kenneth K. Kilbert Oct 2019

Distressed Watershed: A Designation To Ease The Algae Crisis In Lake Erie And Beyond, Kenneth K. Kilbert

Dickinson Law Review (2017-Present)

Algae pose a severe problem in many waterbodies nationwide, but the algae crisis is perhaps most acute in Lake Erie. Harmful algal blooms choke the lake every year, causing economic and ecologic damage and threatening public health. Solving the algae crisis in Lake Erie depends on reducing the amount of nutrients entering the lake, especially from agricultural stormwater runoff. Ohio’s recent designation of Lake Erie as “impaired” under the Federal Clean Water Act is a positive step, and the resulting Total Maximum Daily Load (“TMDL”) should be a useful planning tool in the fight against algae. But because the Clean …


Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla Oct 2019

Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla

Dickinson Law Review (2017-Present)

This article discusses Article 22 of the Convention for the Unification of Certain Rules for International Carriage by Air (“The Montreal Convention”) and its impact on the transportation of human remains. The Convention limits carrier liability to a sum of 19 Special Drawing Rights (SDRs) per kilogram in the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein. Transportation of human remains falls under Article 22 which forecloses any recovery for pain and suffering unaccompanied by physical injury. This Article finds fault with this liability limit. The Article notes that if …


The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips Oct 2019

The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips

Dickinson Law Review (2017-Present)

Agriculture plays a fundamental role in the U.S. economy as a multibillion-dollar industry that feeds people all over the world. However, over the past decade, the dairy industry in particular has changed from a reliable sector of the greater agricultural industry into an unsettled, politically-charged, and fractured group. Dairy farmers’ consistently receiving low milk prices has facilitated this divide. Tired of being ignored and underpaid, dairy farmers are demanding change in the current dairy market structure.

Federal Milk Marketing Orders and a variety of statutes regulate the dairy industry, but the 1922 Capper-Volstead Act remains the most notable piece of …


Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii Oct 2019

Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii

Dickinson Law Review (2017-Present)

This article discusses the application of contract law principles to the relationship between hospitals and patients to determine how much patients owe for the health care they receive. For patients who are covered by in-network health insurance the exact nature of the contract created with the hospital usually is not relevant to the patient’s financial obligation because the patient’s contract with the hospital is superseded by the contract between the patient’s health insurer and the hospital. Nevertheless, even in-network patients are financially impacted, via increased insurance premiums, by the contract analysis discussed here, and for the increasing number of patients …


Physical Presence Is In No Wayfair!: Addressing The Supreme Court’S Removal Of The Physical Presence Rule And The Need For Congressional Action, Claire Shook Oct 2019

Physical Presence Is In No Wayfair!: Addressing The Supreme Court’S Removal Of The Physical Presence Rule And The Need For Congressional Action, Claire Shook

Dickinson Law Review (2017-Present)

The Commerce Clause of Article I grants Congress the power to regulate commerce. In the past, an entity had to have a physical presence in a state for that state to impose taxes on the entity. Due to the changing landscape of online businesses, the U.S. Supreme Court decided in South Dakota v. Wayfair in June 2018 to remove the physical presence rule as it applied to the Commerce Clause analysis of state taxation. The Wayfair decision’s ramification is that states can now impose taxes on businesses conducting sales online without having any physical presence in those states. While the …


Concept Release On Harmonization Of Securities Offering Exemptions; File Number S7-08-19, Robert Anderson, Samantha J. Prince, John Neil Conkle, Sarah Zomaya Sep 2019

Concept Release On Harmonization Of Securities Offering Exemptions; File Number S7-08-19, Robert Anderson, Samantha J. Prince, John Neil Conkle, Sarah Zomaya

Faculty Scholarly Works

No abstract provided.


The Cognitive Dissonance Between The Rule Of Law And Rural Realities: Reading Gillian Hadfield’S Rules For A Flat World In The Context Of Rural Identity And Politics, Danielle M. Conway Jun 2019

The Cognitive Dissonance Between The Rule Of Law And Rural Realities: Reading Gillian Hadfield’S Rules For A Flat World In The Context Of Rural Identity And Politics, Danielle M. Conway

Faculty Scholarly Works

Rural communities – as well as other marginalized communities – see their access to legal infrastructure declining, so much so that they feel disconnected from the rule of law. Current complex law and legal infrastructure focus on big “I” innovation, which is hyper-transactional and benefits the few. Rural communities, and others, would find law and legal infrastructure more relevant if they focused more on small “i” innovation, which centers on negotiating real, societal relationships.


The Public Charge Rule As Public Health Policy, Medha D. Makhlouf Jun 2019

The Public Charge Rule As Public Health Policy, Medha D. Makhlouf

Faculty Scholarly Works

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters. Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration. On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed for more than a …


Commencements Over The Years, Pamela G. Smith May 2019

Commencements Over The Years, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Issa Tanimura, Pamela G. Smith May 2019

Issa Tanimura, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Another Look At Students Studying Over The Years, Pamela G. Smith Apr 2019

Another Look At Students Studying Over The Years, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Lewis Katz Hall Dedication, Pamela G. Smith Apr 2019

Lewis Katz Hall Dedication, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Kegs In The Curtilage, Pamela G. Smith Apr 2019

Kegs In The Curtilage, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Alfred Nevin, The Law School's First Student, Pamela G. Smith Apr 2019

Alfred Nevin, The Law School's First Student, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


April 1, 1834, Pamela G. Smith Apr 2019

April 1, 1834, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Deputizing Family: Loved Ones As A Regulatory Tool In The "Drug War" And Beyond, Matthew J.B. Lawrence Apr 2019

Deputizing Family: Loved Ones As A Regulatory Tool In The "Drug War" And Beyond, Matthew J.B. Lawrence

Faculty Scholarly Works

Many laws use family members as a regulatory tool to influence the decisions or behavior of their loved ones, i.e., they deputize family. Involuntary treatment laws for substance use disorder are a clear example; such laws empower family members to use information shared by their loved ones to petition to force their loved ones into treatment without consent. Whether such deputization is helpful or harmful for a patient’s health is a crucial and dubious question discussed in existing literature, but use of family members as a regulatory tool implicates important considerations beyond direct medical impacts that have not been as …


Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia Apr 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia

Dickinson Law Review (2017-Present)

No abstract provided.


The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark Apr 2019

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …