Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
Technological Triage Of Immigration Cases, Fatma Marouf, Luz E. Herrera
Technological Triage Of Immigration Cases, Fatma Marouf, Luz E. Herrera
Faculty Scholarship
In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained. Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …
Two-Tiered Trademarks, Glynn Lunney
Two-Tiered Trademarks, Glynn Lunney
Faculty Scholarship
Today, we have a two-tiered trademark system. In the top tier, both parties can afford to litigate. In the lower tier, only one party can. This two-tiered system has arisen over the last century because courts refused to follow the law. Faced with trademark law that led to seemingly unjust outcomes in the case before them, courts rewrote trademark law. When those initial rewrites led to different sorts of seeming injustice as cases continued to arise, courts rewrote trademark law again and again. Moreover, judges rewrote trademark law not as part of any systemic and coherent plan for trademark law, …
Educating Main Street Lawyers, Luz E. Herrera
Educating Main Street Lawyers, Luz E. Herrera
Faculty Scholarship
Discussion about the value of a law degree has focused on the financial success of lawyers. Both defenders and critics of the existing legal education model largely ignore the implications that the cost of legal education and high lawyer fees have on access to justice. While a lawyer’s ability to make a decent living must be addressed when determining the value of a legal education, we fail to take into account the fact that there are millions of individuals in the U.S. who cannot find a lawyer to represent them when they need one. For advocates who believe that our …