Law Commons^™

Clients And Lawyers Unite: The Dysfunction Of Law Firm Teams Need A Cure, Joseph Regalia, David Wallace

Scholarly Works

Attorneys and clients have made clear: Dysfunctional law firm teams are not working. Gone are the days when lawyers had to quietly endure poor management, poor planning, and all-around poor work dynamics. Growing pressure on lawyers to get more efficient and produce more value—and a welcome focus on lawyer wellbeing—means that law firms can no longer ignore their responsibility to cultivate better workplaces.

It is no secret that law firm lawyers consistently rank as among the least happy workers in the world. And team dynamics—how attorneys and other legal professionals work together—may be a bigger piece of that puzzle than …

Fighting For Water Equity In The West: Whose Water Is It Anyway?, Joseph Regalia

Scholarly Works

No abstract provided.

Pandémie Et Travail De Plateforme: Réglementation Du « Lieu De Travail » Après Le Covid-19 Aux Usa [The Gig And The Platform: Regulating The “Workplace” After The Pandemic], Ruben J. Garcia

Scholarly Works

No abstract provided.

Work Hierarchies And Social Control Of Laborers, Nantiya Ruan

Scholarly Works

Some labor dynamics transcend place and time: workers provide the labor; management oversees the work; owners capitalize on the fruits of that labor. This hierarchy repeats across nations, industries, and eras. The actors in these stories have set roles and a particular stage to act upon. We are familiar with a narrative wherein the worker is forced to toil under extreme conditions, the manager motivates the worker to produce faster and more, and the owner reaps the rewards. And we usually know where our sympathies lie.

Professor McMurtry-Chubb's latest book, Race Unequals: Overseer Contracts, White Masculinities, and the Formation of …

Never Equals: Slavery, White Masculinities, And The Legacy Of Law In Today’S Workplace, Ann C. Mcginley

Scholarly Works

This essay discusses two themes of Race Unequals: (1) the role of law in creating and reinforcing gendered, classed, and raced identities on plantations in the Antebellum South; and (2) the existence of slavery's legacy today in workplaces and the law's frequent failure to remedy its damaging tentacles. Part II describes masculinities studies from the social sciences and Multidimensional Masculinities Theory in law and applies the theory to analyze the first theme. Part III considers slavery's legacy in today's workplaces and analyzes employment discrimination law's shortcomings in eliminating racism in workplaces. The essay concludes that White masculinities, established in the …

Work Hierarchies And The Social Control Of Workers, Nantiya Ruan

Scholarly Works

Creighton Law Review Symposium on Professor Teri A. McMurtry-Chubb’s book, Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy.

Attorney Competence In The Algorithm Age, Nantiya Ruan

Scholarly Works

No abstract provided.

Of Marks And Markets: An Empirical Study Of Trademark Litigation, Jessica M. Kiser, Sean P. Wright, Benjamin P. Edwards

Scholarly Works

Trademarks are increasingly valuable assets, and some companies aggressively enforce and protect these assets. Such aggressive tactics can harm small businesses and chill creativity and speech, but trademark owners are routinely told that the law requires them to stop all similar third-party trademark usage or risk abandonment of their rights. While prior scholarship has discussed how the risk of trademark abandonment is quite low, incentives built into trademark law still push companies to court. This Article presents the results of an event study utilizing an established database of trademark infringement cases to provide insight to decisionmakers on whether the stock …

“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus

Scholarly Works

For more than a century, juvenile justice proponents have had a difficult time precisely defining the proper role of the juvenile probation officer while simultaneously stressing that the juvenile probation department is the “workhorse” of the entire system. Existing literature largely focuses on which aspects of policing and social work these officers should embody while ignoring the foundational moorings in state statutes. This Article offers both a historical account of the rise of the juvenile probation officer and a thorough analysis of each state’s laws regarding peace officer status, employing authority, the power of arrest, and the power to carry …

The Two Title Ixs, Emily Suski

Faculty Publications

No abstract provided.

Standard Licensing Template For University Of Akron Startups, Drew Horton

Williams Honors College, Honors Research Projects

In order to facilitate fast, equitable, and effective sublicensing to University of Akron technology startups, spinoffs, and spinouts, an express license was developed. This expresses license was developed by benchmarking existing terms in order to determine market rates. Universities, venture capital firms, and nonprofits were interviewed in order to establish a set of best practice guidelines for the creation of the express license. These results were then tabulated and statistically analyzed in order to determine a series of startup friendly terms that support the University of Akron’s interests. A series of express licenses were then developed from this data. These …

Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc

Williams Honors College, Honors Research Projects

Crime analysis plays a vital role in policing and maintaining law and order throughout many countries around the globe. The application and uses of crime analysis can vary greatly not only worldwide, but also between local police agencies as well. Many factors, including resources that are available, as well as funding and the legal frameworks in place can all affect how crime analysis is used and operated. This paper will provide a deeper understanding of how the criminal justice system has evolved into the way it is today, as well as how crime analysis was developed. In addition, the paper …

What, To The Marginalized Person, Is The American Dream, Deidre Keller

Journal Publications

I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …

(Re)Constructing An International Crime: Interpreting Sexual Victimhood In The Rohingya Genocide And Beyond, David Eichert

University of Pennsylvania Journal of International Law

This Article argues that legal actors use narratives of gendered violence to generate intelligible victimhood categories when investigating and prosecuting sexual harm. Building upon several critical legal traditions, I argue that lawyers working on issues of sexual violence are constantly engaged in a dual process of interpretation wherein they attempt to confirm (1) if a sexual crime has occurred, and (2) whether the crime is severe enough to deserve inclusion in justice efforts. Instead of understanding this process as a simple “investigation” into a pre-existing reality, I argue that legal actors constitute both the crime and the identities of the …

“Housing Is Healthcare”: Better Health Through Housing First, Daniel Mcdonough

Student Works

No abstract provided.

Don’T Throw The Baby Out With The Holy Water: The Ministerial Exception, Hostile Work Environment, And The Damage Of Demkovich, Giuseppe S. Natale Jr.

Student Works

No abstract provided.

The End Of The Covid-19 Eviction Moratorium: A Comparative Look At Two States’ Responses, Alexandrea Williams

Student Works

No abstract provided.

Gender Parity In The Boardroom: How States Can Crack The Glass Ceiling Of The Corporate Boardroom For More Women To Enter, Olivia Pereira

Student Works

No abstract provided.

Front Matter

Canadian Journal of Family Law

No abstract provided.

What Cybersecurity Policymakers Can Learn From Medical, Accounting, And Legal Professionals, Vadim Barkalov

Student Works

No abstract provided.

If More Mormons Attended University, Would Canada Be Okay With Polygamy? Unpacking Literatures Of Social Exclusion In Canada’S Continued Criminalization Of Polygamy, Maxime D. Matthew

Canadian Journal of Family Law

In 2011, the British Columbia Supreme Court (BCSC) held it was constitutional to criminalize polygamy, framing the issue as principally about harm. I argue the Reference re: Section 293 of the Criminal Code of Canada furthers a literature of social exclusion, reifying an oversimplified binary: polygamy is harmful, polyamory is moral. Using narrative theory, I explore how these mutually constituted opposites build off each other. Polygamist Mormons are often denied whiteness, seen as an unpatriotic and racialized Other. Mormon women are othered by their attire and, despite still falling under section 293, denied agency. In contrast, the court views …

Ignored, Harassed, And Endangered: States Must Provide Gender-Affirming Healthcare To Transgender Youth In Juvenile Detention, Jake Gnolfo

Loyola University Chicago Law Journal

In 2019, the U.S. Court of Appeals for the Ninth Circuit in Edmo v. Corizon, Inc. held a prison’s denial of gender-affirming care to a transgender adult prisoner constituted cruel and unusual punishment under the Eighth Amendment. However, the reality for incarcerated transgender juveniles is much different. It is incredibly hard, if not impossible, for transgender juveniles to obtain access to gender-affirming care while detained. Furthermore, states have begun banning gender-affirming healthcare for all transgender youth. Preliminary injunctions of these laws have been swift and successful; however, transgender juveniles remain left out of the conversation. While being restrained of their …

International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden

Animal Law Review

The ocean once teemed with whales at seemingly every tide and crest, but due to centuries of overexploitation, whales are now a rare and coveted sight in many parts of the world. Today, the challenge of preventing these magnificent giants from extinction remains prevalent, with slow recovery rates and continued whaling practices in direct conflict. This Article examines the history of global whaling practices and the International Whaling Commission’s 1986 moratorium and argues for the establishment of an effective regulatory scheme permitting commercial whaling only on abundant whale stocks. The scheme would encourage whaling nations to remain members of the …

Masthead

Washington and Lee Law Review

No abstract provided.

Gag With Malice, Shaakirrah R. Sanders

Washington and Lee Law Review

This Article brings agriculture privacy and other commercial gagging laws into the ongoing debate on the First Amendment actual malice rule announced in New York Times v. Sullivan. Despite a resurgence in contemporary jurisprudence, Justices Clarence Thomas and Neil Gorsuch have recently questioned the wisdom and viability of Sullivan, which originally applied actual malice to state law defamation claims brought by public officials. The Court later extended the actual malice rule to public figures, to claims for infliction of emotional distress, and—as discussed in this Article—to claims for invasion of privacy and to issues of public importance or concern.

United …

Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis

Washington and Lee Law Review

This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes …

Masthead

Washington and Lee Law Review

No abstract provided.

The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane

Emory Bankruptcy Developments Journal

The Small Business Administration (“SBA”) has been providing disaster relief in the form of Economic Injury Disaster Loans (“EIDLs”) since its inception in 1953. In the context of the COVID-19 pandemic, the CARES Act charged the SBA with issuing forgivable loans through the Paycheck Protection Program (“PPP”) to small businesses which would otherwise face permanent closure. Though the CARES Act did not specifically grant the SBA authority to do so, the SBA interpreted its powers to include the ability to set requirements for loan approval which were not laid out in the Act itself. Specifically, the SBA promulgated a rule …

Acceptance Remarks, David R. Jones

Emory Bankruptcy Developments Journal

No abstract provided.

Status Check: Should The Federal Tax Status Of A Disregarded Debtor Be Property Of The Estate?, J. Benjamin Ward

Emory Bankruptcy Developments Journal

This Comment focuses on whether the tax status of a debtor constitutes “property” of the debtor’s estate under 11 U.S.C. § 541(a). The answer to this question ultimately determines whether a bankruptcy trustee has the power to avoid a “check-the-box” tax status change made by the owner of a debtor entity from a “pass-through” to a separately taxed C Corporation. This issue normally arises when the parent corporation or individual owner of a debtor subsidiary corporation or disregarded entity (to the individual owner) elects to transform the status of the debtor by “checking the box” on the proper federal tax …