Law Commons^™

Law Enforcement’S Use Of Facial Recognition Software In United States Cities, Samantha Jean Wunschel

Honors Program Theses and Projects

Facial recognition software is something we use every day, whether it’s a suggested tag on our Facebook post or a faster way to unlock our phones. As technology becomes increasingly pervasive in our lives, law enforcement has adapted to utilize the new tools available in accessory to their investigations and the legal process.

Judges Behaving Badly . . . Then Slinking Away, Maureen Carroll

Reviews

A federal judge is accused of misconduct and an investigation begins. Before the investigation has concluded, though, the judge leaves her post. What happens next? Does it create an accountability gap, and if so, how much should that concern us? These are the questions that Veronica Root Martinez takes up in Avoiding Judicial Discipline.

A Systematic Review Of Information Seeking Behavior & Information Needs In Female Lawyers, Jibran Jamshed Mr.

Library Philosophy and Practice (e-journal)

Objectives: The primary objective of this study is to determine the legal information-seeking behavior of female lawyers. The study explores the legal information needs, methods, and barriers faced by female lawyers while seeking legal information.

Methodology: In this quantitative study survey design is used. The population of this study consists of female lawyers from which a sample (n=305) is taken. A structured questionnaire was distributed among the female lawyers of Punjab province in Pakistan. The questionnaire collected data regarding demographic information, information-seeking behaviors, information needs, and barriers faced by female lawyers while seeking legal information. SPSS (Statistical Package …

Evidence Supporting The Value Of Surgical Procedures: Can We Do Better?, Christopher Robertson, Jonathan Darrow, Willard S. Kasoff

Faculty Scholarship

There is an acknowledged need for higher-quality evidence to quantify the benefit of surgical procedures, yet not enough has been done to improve the evidence base. This lack of evidence can prevent fully informed decision-making, lead to unnecessary or even harmful treatment, and contribute to wasteful expenditures of scare health care resources. Barriers to evidence generation include not only the long-recognized technical difficulties and ethical challenges of conducting randomized surgical trials, but also legal challenges that limit incentives to conduct surgical research as well as market-based challenges that make it difficult for those funding surgical research to recoup investment costs. …

Legal Ethics And Judicial Law Clerks: A New Doctrinal Account, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Judicial law clerks are largely overlooked in the Canadian legal literature. This article provides a new doctrinal account of the ethical obligations of law clerks that is rooted in the fact that at least some of the major work of law clerks constitutes the practice of law—and thus that law clerks’ ethics are lawyers’ ethics. It argues that the lawyer’s duty to encourage respect for the administration of justice transposes some of the ethical obligations of the judge into professional obligations of the law clerk. The article also argues that the law societies’ regulatory and disciplinary jurisdiction over law clerks …

Video: No, You Can’T Touch My Hair: The Importance, Necessity, And Controversy Of The Crown Act, Randolph Bracy Iii, Adjoa B. Asamoah, The Honorable Ashleigh Parker Dunston, Doris "Wendy" Green, Linda Harrison, Dr. Stephen Wigley, Dpm

NSU Law Seminar Series

The Black Law Students Association welcomes you to our Fall 2020 panel event, which focuses on the 2019 CROWN Act. The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination, which is the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.

This panel focuses on the legal perspective from different vantage points. Attendees will learn more about the Act, how it was handled, and the current political climate surrounding the Act. National CROWN Act and …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Criv Sheet Summaries: A Review Of Aall Annual Meeting Educational Program - Legal Ethics In The Use Of Artificial Intelligence, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.

Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss

Seattle University Law Review SUpra

At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.

In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …

Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney

Faculty Scholarship

Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …

When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe

Articles & Chapters

A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses the historical example to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …

Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace

Articles & Chapters

Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …

The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa

AI-DR Collection

A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic hiring …

The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman

Scholarly Articles

In the Godfather trilogy, lawyers do most of their work outside of the courtroom. The family’s lawyer, Tom Hagen, has the title of consigliere, serving as the boss’s right-hand man. He is legal counsel and also assists with business management and planning. This includes operation of the family’s criminal enterprise. In The Godfather, a lawyer is a fixer, an enforcer, and a collaborator. This conceptualization of the attorney role is not only unethical, it is illegal. Yet, it is the role currently assumed by our Attorney General, William “Bill” Barr, and White House Counsel, Pasquale “Pat” Cipollone. Although both …

Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott

Centre for Law and the Environment

The Canadian federal government's carbon pricing legislation has generated substantial public and academic debate. In this paper we argue that academic debate should adhere to standards for responsible conduct of research during crises such as the current climate emergency, and avoid the nastiness and distortion that infect populist political rhetoric and social media. We discuss the norms of responsible scholarship that apply to Canadian legal academics, with a focus on standards that demand scrupulous fairness to other scholars and to the materials one is analyzing. We argue that a recent article by Professor Dwight Newman on the Saskatchewan and Ontario …

Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

In many states, the highest number of docketed grievances arise out of criminal and family law matters. This report analyzes the 4,898 grievances filed with the Wisconsin Office of Lawyer Regulation (“OLR”) in family or criminal law matters during the period from 2013-2016. The OLR provided the data, enabling analysis of the grievances by gender, age, length of time since law school graduation, type of matter, prior experience with diversion or discipline, and geographical location. The data also revealed the frequency of allegations by practice matter, the types of allegations that led to discipline, and the frequency with which lawyers …

Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson

Articles & Book Chapters

It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or disagreed with, Wexler arguments continue to define the terms of the debate about the proper role and responsibilities of those who practice law for poor people. Critics and jurists can be for or against Wexler’s account, but they cannot make serious headway without it. As such, Wexler’s essay deserve to be celebrated and showcased as it reaches its half-century milestone. However, his ideas and their informing assumptions …

To Outgrow A Mockingbird: Confronting Our History—As Well As Our Fictions—About Indigent Defense In The Deep South, Sarah Gerwig-Moore

Articles

To Kill a Mockingbird occupies a beloved space in law school classrooms and curricula, especially in its portrayal of Atticus Finch. Frequently held up as the model or “hero-lawyer,” Atticus’s character is powerful in fiction, but problematic in practice. His work is lauded, rather than scrutinized, despite his questionable ability to represent his client in life-or-death circumstances—specifically, a racially charged sexual assault case in the Deep South. Through considering examples of historical lawyers and texts which explore similar themes without the lens of fiction, those engaged in legal education and legal practice can and should look to others to study …

Genome Editing 2020: Ethics And Human Rights In Germline Editing In Humans And Gene Drives In Mosquitoes, George J. Annas

Faculty Scholarship

The moon landing, now more than a half century in the past, has turned out to be the culmination of human space travel, rather than its beginning. Genetic engineering, especially applications of CRISPR, now presents the most publicly discussed engineering challenges—and not just technical, but ethical as well. In this article, I will use the two most controversial genomic engineering applications to help identify the ethics and human rights implications of these research projects. Each of these techniques directly modifies the mechanisms of evolution, threatens to alter our views of ourselves as humans and our planet as our home, and …

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe

Articles & Chapters

President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …

The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat

Faculty Scholarship

Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on …

The Government Lawyer As Activist: A Legal Ethics Analysis, Andrew Martin

Articles, Book Chapters, & Popular Press

Can a lawyer and government employee represent the government in her professional life while being an activist in her personal life? There is a striking and seemingly irreducible clash, at least at the intuitive level, between the two roles – between representing the government on the one hand while at the same time lobbying it or litigating against it on the other. Government lawyers are nonetheless some of the more successful activists in recent Canadian history. This article analyzes whether this duality is problematic from a legal ethics perspective. The analysis is grounded in three case studies: disability rights activist …

The Legal Scholar's Guide Book Reviews, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Success in law school and in the legal profession often involves mastering and navigating the plethora of unwritten rules and norms that govern institutions and communities. Differences in access to those unwritten rules can privilege and advance some while disadvantaging others. A second-generation law student, for example, is far more likely to know about the professional value of law review than a first-generation law student. Law scholarship is particularly plagued by an insularity that can yield a problematic echo chamber within elite institutions and privileged communities. Thus, the more legal scholarship can be explicitly demystified, taught, and mentored, the more …

Transnational Fiduciary Law, Tamar Frankel

Faculty Scholarship

Fiduciary law is expanding throughout the world.¹ It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, ² Rome, ³ Egypt,⁴ Greece,⁵ as well as in Jewish ⁶ and Christian laws.⁷ Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.⁸ The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such …

Geneva Statement On Heritable Human Genome Editing: The Need For Course Correction, Roberto Andorno, Francoise Baylis, Marcy Darnovsky, Donna Dickenson, Hille Haker, Katie Hasson, Leah Lowthorp, George J. Annas, Catherine Bourgain, Katherine Drabiak, Sigrid Graumann, Katrin Grüber, Matthias Kaiser, David King, Regine Kollek, Calum Mackellar, Jing-Bao Nie, Osagie K. Obasogie, Mirriam Tyebally Fang, Gabriele Werner-Felmayer, Jana Zuscinova

Faculty Scholarship

As public interest advocates, policy experts, bioethicists, and scientists, we call for a course correction in public discussions about heritable human genome editing. Clarifying misrepresentations, centering societal consequences and concerns, and fostering public empowerment will support robust, global public engagement and meaningful deliberation about altering the genes of future generations.

Responding To Covid‐19: How To Navigate A Public Health Emergency Legally And Ethically, Lawrence O. Gostin, Eric A. Friedman, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Widespread social separation is rapidly becoming the norm, including closure of schools and universities, tele-commuting to work, bans on large gatherings, and millions of people isolated in their homes or make-shift facilities. Bans on international travel are already pervasive. Domestic travel restrictions are exceedingly rare, but now within the realm of possibility. Officials are even discussing cordon sanitaires (guarded areas where people may not enter or leave), popularly described as “lockdowns” or mass quarantines.

When the health system becomes stretched beyond capacity, how can we ethically allocate scarce health goods and services? How can we ensure that marginalized populations can …

George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.

Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Barack Obama attempted to recalibrate presidential rhetoric on the terror threat. He made far fewer speeches about terrorism than George W. Bush did. Yet, despite some efforts to the contrary, he continued many of Bush’s policies—and in the case of targeted assassinations using drones (unmanned aerial vehicles), went further than Bush. The analysis of Obama’s rhetoric on terrorism shows a president who both wants to distance himself from his predecessor and one who wants to be seen as tough on terrorism. In the final analysis, Obama’s rhetoric and policies hewed rather closely to George W. Bush’s. This chapter raises questions …

Inflating The Terror Threat Since 2001, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Presidential rhetoric serves a critical interpretive role in defining events, particularly the threat of terrorism. As Richard Neustadt argues, the power of the presidency lies in the leader’s power to persuade. Presidents frame the terror threat by setting the country’s policy agenda. They then try to sell policies to Congress and the public through the pressure they can employ using their rhetoric and their office. This study, based on content analysis speech data ranging from September 2001 to February 2019, delves into why presidents speak the way they do about terrorism looking both at the content and frequency of their …