Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown Oct 2021

Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown

Faculty Scholarly Works

The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States—including in access to justice, housing, health care, employment, and education—have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked …


Collective Wisdom: One Bit Of Advice, Gary Gildin, Jules Epstein, Robert Little, Kenneth S. Klein, Jim Roberts, Rachel Brockl, H. Scott Fingerhut, Ramona Albin, Charles H. Rose Iii, Kaelyn J. Romey, Catherine E. Stahl, John Singer, Marian Braccia, Elizabeth Lippy, Laura Rosed Jan 2021

Collective Wisdom: One Bit Of Advice, Gary Gildin, Jules Epstein, Robert Little, Kenneth S. Klein, Jim Roberts, Rachel Brockl, H. Scott Fingerhut, Ramona Albin, Charles H. Rose Iii, Kaelyn J. Romey, Catherine E. Stahl, John Singer, Marian Braccia, Elizabeth Lippy, Laura Rosed

Faculty Scholarly Works

Lawyers make mistakes. Read a transcript (your own or that of someone else) or a news media account, go to court and watch, or just learn about it when a colleague describes a trial—with insight and an acknowledgment of missteps or hubris and a peacock display of self-adjudged skill. They are mistakes of omission or commission, but they occur every day. The checklist movement—adapting the checklist model used by surgeons and airplane pilots—is a critical tool for error reduction and elimination and has its place in law.* But beyond granular details that must be checked and double-checked for a particular …


Inclusivity In Admissions And Retention Of Diverse Students: Leadership Determines Dei Success, Danielle M. Conway, Bekah Saidman-Krauss, Rebecca Schreiber Jan 2021

Inclusivity In Admissions And Retention Of Diverse Students: Leadership Determines Dei Success, Danielle M. Conway, Bekah Saidman-Krauss, Rebecca Schreiber

Faculty Scholarly Works

Penn State Dickinson Law has been leading with an Antiracist admissions philosophy and corresponding plans for implementation before the COVID-19 pandemic of 2020. Arguably, this approach to diversity, equity, and inclusion (DEI)was not identified explicitly as a vision priority for the law school until July 2019, when Dickinson Law welcomed Danielle M. Conway as the first Black Dean and first woman Dean in the law school’s 186-year history. Dean Conway outlined four vision priorities to accomplish within her first five years at Dickinson Law. Vision priority number two calls upon the law school’s administrators to move the needle substantially on …


Embracing And Making Change In Legal Education: Serving The Law Students Of Today And Tomorrow, Danielle M. Conway Jan 2021

Embracing And Making Change In Legal Education: Serving The Law Students Of Today And Tomorrow, Danielle M. Conway

Faculty Scholarly Works

"Danielle M. Conway is Dean and Donald J. Farage Professor of Law at Penn State Dickinson Law. The following are her keynote remarks delivered Jan. 6, 2021, for the 2021 AALS Joint Section Program of the Sections on Student Services and Part-Time Division, Academic Support, Balance in Legal Education, Minority Groups, and PreLegal Education and Admission to Law School."


Assertion And Hearsay, Richard Lloret Jan 2021

Assertion And Hearsay, Richard Lloret

Dickinson Law Review (2017-Present)

This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …


We Are...Community!, Michael A. Mogill Jan 2021

We Are...Community!, Michael A. Mogill

Faculty Scholarly Works

The concept of “community” has become increasingly important in law schools, relating both to our professionalism and the education of our students. During the recent celebration of our school’s 185th anniversary of its founding, I addressed one of the school’s core values, that of “community”. This article explores that value and its meaning both within our law schools and the greater society, serving to advance the public interest and the interests of our law students, the legal academy and practicing attorneys everywhere. The message conveys is universal and contemporary, going well beyond our anniversary celebration. Ultimately, it can help …


Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy J. Johnston-Walsh, Alison Lintal Jan 2021

Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy J. Johnston-Walsh, Alison Lintal

Faculty Scholarly Works

The COVID-19 pandemic has rocked the world in innumerable ways. This Article argues that the COVID-19 pandemic has a silver lining for law students in experiential learning programs. The pandemic has forced law schools across the country to fully utilize remote learning technology. The pandemic similarly forced courts to accept virtual tools in an environment that had previously relied primarily on in-person appearances. The lessons that law faculty and judges have learned from the pandemic will be permanent and may change the methods of operation going forward. Law schools that embrace the lessons they learned can help their law students …


Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome Jan 2021

Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome

Faculty Scholarly Works

The year 2020 has forced us, as a nation, to recognize painful realities about systemic racism in our country and our legal system. The fallacies in our founding documents and the vestiges of our slave past are so woven into our national culture that they became hard to see except for those who suffered their daily indignities, hardships, and fears. As legal educators, we must face the role we have played in helping build the machinery of structural racism by supplying generation after generation of those who maintain that machinery and prosper within it. In this critical moment of our …