Law Commons^™

Using Science To Build Better Learners: One School’S Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis Schulze

Distinguished Speaker Series

What measures can law schools take to improve student performance and bar passage? The answer is not what you think. Recent developments in the science of learning show that most law students learn wrong. In fact, ineffective methods of learning pervade all levels of education. We now know that widely accepted learning and study strategies that were once considered gospel are actually deeply flawed. Yet we still embrace and propagate those myths.

Meanwhile, bar passage rates and law student performance are plummeting. Everyone in legal education is asking, “What can we do?” But, “What can we do?” is the wrong …

The Cost Of Experiencing Everyday Legal Problems Related To Loss Of Employment And Loss Of Housing, Lisa Moore, Ab Currie, Nicole Aylwin, Trevor C. W. Farrow

Canadian Forum on Civil Justice

In 2014, the Canadian Forum on Civil Justice (CFCJ) conducted a national survey to determine the costs, extent and consequences of serious civil and family justice problems experienced by the Canadian public. Findings from the CFCJ’s national “Everyday Legal Problems and the Cost of Justice in Canada” survey (Cost of Justice survey) confirm that civil and family legal problems result in significant monetary costs to the individuals who experience them as well as to the publicly funded services that individuals access for support when dealing with legal problems. With Canadians spending almost as much to resolve their legal problems as …

Update: International Human Rights, James Hart Mr.

Law Librarian Articles and Other Publications

This guide explains the procedures of the major international human rights systems because it is procedures that create the need to record or communicate. In other words, documents emanate from critical junctures in a process. The guide does not cover the content of the human rights themselves. Nor does it explicate the websites that hold the documents, but it will give you the information you will need to understand them. The guide will, however, give you URLs. With the information in the guide, you will be able to navigate your way through the websites without detailed directions. The first part …

Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu

Scholarly Articles

This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies.

A …

‘Airbnb’ In Western Australia: New Issues For Policy Makers Arising From A ‘Disruptive Innovatation', Bertus De Villiers

The University of Notre Dame Australia Law Review

The short terms rental market, colloquially referred to as ‘Airbnb’ accommodation, has proliferated the Australian (and international) accommodation market. The number of rooms being made available per nights in Australia via sort term rental websites runs into the hundreds of thousands. Policy makers have generally been slow to respond to this ‘disruptive innovation’. It is particularly in strata title schemes where the legality of short term rentals is being tested. In this article consideration is given to a recent judgement of the Supreme Court of Appeal in Western Australia to uphold a decision of the State Administrative Tribunal whereby a …

Rus V Comcare: The Rules Of Evidence In The Aat, Nicholas Cardaci

The University of Notre Dame Australia Law Review

The Rus v Comcare cases arise from a claim for compensation by the widowed Ms Rus. The cases saw a highly contentious piece of evidence tendered. This evidence was hearsay of a lay opinion that answered the ultimate issue. The evidence was considered by the Administrative Appeals Tribunal (‘AAT’) and the Federal Court of Australia (‘Court’). These considerations demonstrate the uncertainty of how the rules of evidence are applicable in tribunals. Specifically, the cases raise applicability of the rules against opinion and hearsay evidence. Further, the relevance of delay and the parol evidence rule to these cases is raised. The …

Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao

The University of Notre Dame Australia Law Review

This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 …

Cardinal Safety Newsletter - December 2017, Otterbein University

Otterbein Police Department

No abstract provided.

The Rise And Fall Of Brick And Mortar Retail: The Impact Of Emerging Technologies And Executive Choices On Business Failure, Nikaela Jacko Redd, Lutisha S. Vickerie

Journal of International Business and Law

This paper examines business decline in relation to department stores and recent technological shifts in retail. Our perspective describes how management's failure to properly utilize technology and the resulting decline of international brick and mortar department stores was significantly influenced by emotional posturing disguised as strategic choices. To track the changes in the retail landscape based on new technological business models, we chronicle the shift from department store culture to online e-commerce by exploring a primary case, JCPenney, and the following exemplary cases: Macy's, H&M, Amazon, and Walmart. We also conduct a systematic research synthesis on a small sample of …

Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher

EDL Sixth Year Theses

In 2006, a reauthorization of the Individuals With Disabilities Education Improvement Act led to changes in how the state of Connecticut determined special education eligibility for a student with a specific learning disability. The Response to Intervention (RTI) approach replaced of the discrepancy model in making this determination. This retrospective case study looked at the perceptions of North Haven Staff on the efficacy of the RTI process in reducing the over-identification of students with specific learning disabilities. A mixed-methods survey was administered to 337 professionals in North Haven, CT. Of the 86 responses received, 73 were determined to be useful …

The Cost Of Experiencing Everyday Legal Problems Related To Social Assistance, Lisa Moore, Ab Currie, Nicole Aylwin, Trevor C. W. Farrow, Quinlin Gilbert-Walters, Paul Di Libero

Canadian Forum on Civil Justice

Experiencing a civil or family justice problem in Canada can come at a significant price. Outside of the monetary legal costs that Canadians incur when trying to resolve serious civil and family justice problems, many Canadians also pay for legal problems with high stress, emotional health problems and physical health problems. In addition, serious civil and family justice problems have also been shown to cause or exacerbate other family, personal and social problems and result in significant temporal costs that often come in the form of lost opportunity, reduced productivity, and reduced time and energy for building and maintaining family …

Letter To Kelly, John Lande

Faculty Blogs

This is a letter I wrote to someone who was about to start law school. I advised keeping focused on their goals and how best to achieve them. I cautioned about portrayals of lawyers on TV and in the movies. I warned about the “hidden curriculum” which creates misimpressions by focusing on appellate cases. I encouraged them to remember what it is like to be a “normal” person, a perspective they may forget after being initiated in the legal tribe. I advised trying to see the world through others’ eyes.

Is It Freedom Of Or Freedom From Religion In Organizations, Tracy H. Porter, Susan S. Case, Matthew C. Mitchell

Journal of International Business and Law

Organizations in the United States and throughout the world struggle with religious expression in the workplace. Though the US Constitution provides citizens with freedom of religion, as does the Universal Declaration of Human Rights, adopted by 169 Countries, this right to free exercise of religion has been translated to freedom from religion in many organizations around the world. Religion, a salient part of personal identity for more than 80% of the world's population, gets hidden if one's religion does not contain visible garb. The ability to learn from one another, put aside stereotypes, and discover commonalities may be denied to …

The Torch (December 2017), Crtp

Torch: The Civil Rights Team Project Newsletter

Description

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58

Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck

Michigan Journal of Gender & Law

Non-binary people who are discriminated against at work or school are in a unique and demoralizing position. Not only have some courts expressed reluctance to use existing antidiscrimination law to protect plaintiffs who are discriminated against based on their gender identity and not simply because they are men or women, in most states non-binary genders are not legally recognized. I argue that a fundamental right to self-identification grounded in the Due Process Clause of the Fourteenth Amendment would provide non-binary plaintiffs with the ability to assert their gender in court and have that assertion carry legal weight, regardless of how …

An Evaluation Of The Cost Of Family Law Disputes: Measuring The Cost Implication Of Various Dispute Resolution Methods, Joanne J. Paetsch, Lorne D. Bertrand, John-Paul E. Boyd

Canadian Forum on Civil Justice

The Canadian Forum on Civil Justice contracted the Canadian Research Institute for Law and the Family to conduct a project measuring the cost implications of various dispute resolution methods for resolving family law disputes. Despite the greater emphasis in recent years on the importance of access to justice and the need to resolve family matters outside the court, there is little research on the effectiveness of various dispute resolution methods, and even less on the cost of the different approaches.

Do Judges Make Law?, Michael L. Barker

The University of Notre Dame Australia Law Review

No abstract provided.

North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable

The University of Notre Dame Australia Law Review

No abstract provided.

The Interest Is Not Mutual: Effect Of The Personal Property Securities Act 2009 (Cth) On Contractual Rights Of Set-Off, Caroline Woo

The University of Notre Dame Australia Law Review

In Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed), the Supreme Court of Western Australia held that the rights of ANZ, a secured creditor of Forge Group Power Pty Ltd (Forge) holding a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), trumped Hamersley Iron Pty Ltd’s rights of contractual and equitable set-off. Forge is in receivership and in liquidation. In answering the preliminary issues in dispute between the parties, the Supreme Court examined the complex interaction between contractual and equitable rights, the PPSA and section 553C of the Corporations …

Customary International Law In United States Courts, Gary Born

Washington Law Review

Over the past two decades, the status of customary international law in U.S. courts has been the subject of vigorous debate. On the one hand, proponents of the “modernist” position contend that rules of customary international law are presumptively rules of federal law, which apply directly in U.S. courts and preempt inconsistent state law even in the absence of federal legislative or executive authorization. On the other hand, the “revisionists” argue that, in the absence of congressional legislation or a U.S. treaty, rules of customary international law are generally not matters of federal law, and will therefore generally be governed …

Reflections On Liability Of Air Carriers For Delay, Vernon Nase

The University of Notre Dame Australia Law Review

This paper provides an analysis of both international and Australian law on the liability of air carriers and compensation for delay. It discusses the need for States to develop standard regulatory responses to delay in international carriage. It uses the EC Regulation and the New Zealand legislation as models for developing clearer legal principles and ensuring appropriate compensation for passengers affected by delay. It concludes that domestic regulation and guidance regarding delay and overbooking of flights is required to ensure appropriate liability of air carriers and clarity for passengers.

Making The Most Of Cooperative Federalism: What The Clean Power Plan Has Already Achieved, Gabriel Pacyniak

Faculty Scholarship

The fate of the EPA's Clean Power Plan-the signature Obama Administration action to reduce greenhouse gas ("GHG") emissions from existing power plants under the Clean Air Act-is uncertain at best given pending litigation and the opposition of President Donald Trump. Despite this uncertainty, the development of the Clean Power Plan provides an important case study of how rulemaking under a cooperative federalism statutory structure can prompt broad, beneficial policy engagement by states and stakeholders, even in a contentious regulatory action. In the development of the Clean Power Plan, active state and stakeholder engagement and an iterative process of "trying on" …

Google V. Commissioner: A Comparison Of European Union And United States Antitrust Law, Travis Clark

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 48, No. 1 2017

Seton Hall Law Review

No abstract provided.

Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.

Commercial Transportation, Stephen G. Lowry, Madeline E. Mcneeley, Kristy S. Davies, Yvonne S. Godfrey

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and property transportation across the United States. This Article covers five major areas: (1) trucking; (2) aviation; (3) limousines, taxis, rideshare services, and commercial transit; (4) autonomous vehicles; and (5) railroads. This Article surveys significant judicial and legislative developments in Georgia commercial transportation law during the period from the beginning of the 2012 regular session of the 151st Georgia General Assembly through May 31, 2017.

Each of the areas covered are subject to heavy federal regulation. Much of this Article discusses Georgia's interaction with federal regulations and laws pertaining to …

Premises Liability And Apportionment Following Martin V. Six Flags Over Georgia Ii, L.P., Madeline E. Mcneeley, Jed D. Manton

Mercer Law Review

A nineteen-year-old boy's innocent trip to an amusement park ended in a brutal beating and permanent brain damage. The boy's efforts to hold accountable those responsible for the tragedy ultimately resulted in much-needed clarification of Georgia's law regarding negligent security and apportionment of fault. It is now clear that a landlord can be held responsible for damages caused by criminal activity even when the damages occur beyond the four corners of the landlord's property. Likewise, Martin elucidates that errors in a jury's apportionment verdict can be retried without disturbing the verdict as to liability and damages.

Hotels Wanted: Effect Of Renewed Diplomatic Relations Between The United States And Cuba On The Hospitality Industry, Anthony M. Alesandro

Journal of International Business and Law

No abstract provided.

God's Grace And The Marketplace: Mainline Protestant Church, Faith And Business, Sarah Helene Duggin

Journal of International Business and Law

No abstract provided.

Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda

Faculty Scholarship

No abstract provided.