Law Commons^™

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …

Legislating Courts, Michael Pollack

UMKC Law Review

Judges are ordinarily thought of as deciders of a specific sort: people who apply the rule of law to resolve disagreements between the parties appearing before them. But in every state, judges do far more. They are charged by state statutory or constitutional law with a range of quasi-administrative, quasi-legislative, and quasi-executive law enforcement functions. These roles raise a number of theoretical and practical concerns. In many states, though, legislatures have gone even further. They have either wholly delegated significant policymaking power to state court judges or have sat idle while those judges have assumed the mantle of functions that …

The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo

UMKC Law Review

The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.

The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …

Digital Hearings — In Arbitration And Litigation, Colby E. Scott

Arbitration Law Review (2009 - Present)

No abstract provided.

Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker

UMKC Law Review

Problem-solving courts work. We know that reentry programs and intensive supervision programs like drug courts are effective alternatives to incarceration that reduce recidivism. For example, the United States District Court for the Western District of Missouri's Reentry Court has an 85.7% success rate for graduates, meaning they complete their term of supervised release without any new charges. A reduction of recidivism means hefty savings of tax-payer dollars. More importantly, successful problem-solving courts mean people engage in their communities, raise families, work productive jobs, and pay taxes.

Courts and legislators and executive branches around the country are increasingly turning to problem …

Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill

UMKC Law Review

The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.

The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …

Iiaas And The Montreal Protocol: The Legal Minefield Inside The Most Successful Environmental Treaty In History, Jackson Elder

UMKC Law Review

The most successful environmental treaty in history might break international law's core principle, and it all depends on who you ask. International law consists of rules and principles relating to states, international organizations, and individuals. The source of all international law is the consent of nations, and each nation is governed by the treaties they consent to. Provisions that force states to behave according to its text and do not satisfy international law's traditional consent standard are consequential. As no term exists for these provisions currently, these clauses have been termed as international imposed axiomatic alterations ("IIAA"s). IIAAs, for this …

Ptsd As Bodily Injury: Perspectives From Neuroscience And Medical Psychology, Jennifer Sweeton

UMKC Law Review

This Comment proposes that PTSD be reconceptualized, and reclassified, as a bodily injury in personal injury cases. In Part II, this Comment reviews the way courts describe PTSD in personal injury cases. Part III examines psychiatric literature and discusses the symptoms and classification of PTSD as both an emotional and medical condition. It also identifies several structural and functional brain alterations associated with PTSD, in addition to physiological changes that occur as a result of PTSD. Part IV asserts that the brain processes physical and emotional pain almost identically, and that most injuries include both emotional and physical components. In …

Nudging Improvements To The Family Regulation System, Josh Gupta-Kagan

University of Chicago Law Review

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Protecting Children's Access To A Sound Basic Education In The Age Of Political Polarization, A Comment On Goodwin Liu And Kristine Bowman's Essays On Children's Education In The Restatement, Emily Buss

University of Chicago Law Review

Justice Goodwin Liu and Professor Kristine Bowman have taken two very different approaches in their essays commenting on the Restatement’s¹ coverage of the law governing children’s education. In Some Thoughts on a Developmental Approach to a Sound Basic Education,² Justice Liu focuses near exclusively on the Restatement’s articulation of the core educational standard, the “sound basic education,” and presses for an expanded application of that standard to children from birth through young adulthood.³ In The New Parents’ Rights Movement, Education, and Equality,⁴ Bowman addresses the entire structure of the educational provisions of the Restatement, which straddle …

Advancing Racial Justice Through The Restatement Of Children And The Law: The Challenge, The Intent, And The Opportunity, Kristin Henning

University of Chicago Law Review

No abstract provided.

Adolescents In The Justice System: A Progress Report On The Restatement Of Children And The Law, Richard J. Bonnie

University of Chicago Law Review

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law,¹ has often observed that the nation’s widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in and guided by evolving knowledge about adolescent development; and (2) youth-serving institutions, including the justice system, must collaborate to erase substantial racial disparities in intervention, discipline, and punishment.² This Symposium will explore the current draft of the Restatement of Children and the Law with …

De Facto Parents, Legal Parents, And Inchoate Rights, Solangel Maldonado

University of Chicago Law Review

Professor Douglas NeJaime’s Essay Parents in Fact¹ com- mends the Restatement of Children and the Law’s² embrace of the de facto parent doctrine.³ He is somewhat critical, however, of the Restatement’s reference to individuals seeking recognition as de facto parents as “third parties” and its reluctance to recognize de facto parents as legal parents.⁴ He is also skeptical of the Restatement’s requirement that an individual seeking recognition as a de facto parent first show that a legal parent consented to and fostered the individual’s creation of a parent-child relationship with the child.⁵ NeJaime’s observations provide …

Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott

University of Chicago Law Review

Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law,¹ dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs,² focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization,³ overturning Roe v. Wade.⁴ In her essay, Goodwin explores the harms that will follow if minors’ right of …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Dobbs, Bruen, And Domestic Violence: Fewer Abortions, More Guns, And The Effects Of Both On Survivors Of Intimate Partner Violence, Gemma Donofrio

North Carolina Law Review

No abstract provided.

Regulating Economic Opportunism In Postdisaster Markets, Max N. Helveston

North Carolina Law Review

No abstract provided.

Desettling Fixation, Emily Behzadi Cárdenas

North Carolina Law Review

No abstract provided.

Reinventing The “Inventive Concept”: Applying Copyright’S Merger Doctrine To Patent Eligibility, Kengyeh Chu

North Carolina Law Review

No abstract provided.

Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first significant legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline regime for federally appointed judges. This essay is a contextual analysis of Bill C-9. The authors begin by outlining a conceptual framework which identifies eight public law goods that can guide an assessment of a complaints and discipline system. They then locate Bill C-9 in a historical context by identifying a crisis of legitimacy that had overtaken the Canadian Judicial Council by the early …

Rolling The Dice With Disability Rights: A Critique Of The Exclusion Of Gambling Disorder From The Americans With Disabilities Act, Danielle Oberlander

UNLV Gaming Law Journal

No abstract provided.

Casinos, Covid, And Coverage: Jurisprudential And Insurance Implications Of A Litigation Pandemic, Jeffrey W. Stempel

UNLV Gaming Law Journal

The onset of the COVID-19 pandemic in early 2020 impacted all walks of American life. Litigation and insurance coverage disputes were no exception. In addition to the impact on dispute resolution procedure (e.g., postponed trials, masked trials, the rise of remote depositions, hearings, and oral argument), there were more than two thousand insurance coverage lawsuits spurred by pandemic-related restrictions on business operations and the resulting lost revenue.

Entertainment and retail venues not deemed “essential” were particularly impacted due to both official government orders closing or restricting operations as well as reduced customer demand stemming from fear of infection. Although some …

Analysis And Application Of The Offense-Defense Theory: Russia, Ukraine, And History., Kirby Ballard

College of Arts & Sciences Senior Theses

Political scientists and government advisors have long sought to understand what influences conflicts and how to predict them. Despite constant war, a commonly used empirical theory that can answer this question has not emerged. The majority of theories created are either conflict-specific or not empirically testable. Considering these factors, I sought out a theory that would help me better understand Russia's choice to invade Ukraine in the spring of 2022. I selected the offense-defense theory due to its many attempts to explain territorial conquest, the likeliness of conflict, and overall losses. The main focus of the theory is to explain …

Creatively Killing The Word “Entirely”: Why The 9th Circuit Got 17 U.S.C. § 114(B) And Music Sampling Law Wrong, Samantha Shemavonian

University of Dayton Law Review

No abstract provided.

A Global Approach To Evaluating Whether An Ai Algorithm Impacting Health Is Unfair To Consumers Under The Federal Trade Commission 15 U.S.C. § 45, Sarah Covington

University of Dayton Law Review

No abstract provided.

A Pathway To World Law? International Solidarity As Key To Overcoming Our Current Global Crises, Obiora C. Okafor

Articles & Book Chapters

This article analyzes the extent to which international solidarity is key to overcoming our current global crises; a goal that must be achieved in robust measure if humanity is to have a chance at successfully constructing the kind of deeply integrated world society that is a pre-condition for the emergence and global acceptance of world law properly so-called. In developing its argument, it devotes the first three sections to relatively in-depth explanations of three concepts that are key to an understanding of the issues at hand, namely: the identity and nature of our current global crises; the idea of world …

California Court Supports The End Of Free Passes In Sexual Harassment Claims, Emily Hall

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

In response to the #MeToo movement, California took significant legislative steps in 2018 to address sexual harassment within the state. Specifically, the legislature passed Senate Bill No. 1300, which amended California’s Fair Housing and Employment Act to declare the state’s “intent with regard to application of the laws about harassment.” One particular enactment, § 12923, signified a concerted effort by California lawmakers to address the pervasive issue of workplace harassment and underscored the state's commitment to fostering environments free from harassment and discrimination. By explicitly declaring the legislative intent concerning the interpretation and enforcement of anti-harassment laws, the statute sought …

The Oregon Drug Battle: Is Measure 110 Making A Difference?, Olivia Cohen

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The Oregon Drug Addiction Treatment and Recovery Act, also known as Measure 110, was passed in November 2020 to address Oregon’s addiction and overdose problem. Measure 110 was designed to implement a more humane approach to handling drug addiction. While drug possession is typically charged as a misdemeanor, Oregon’s new law reduces the charge to a civil infraction. When the police observe an individual with a small amount of drugs, a citation and $100 fine is issued instead of an arrest. This fine can then be waived if the individual calls a support line and completes a “social service needs …

Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost

Honors Program: Senior Projects (Public)

In this paper, I will explore the eugenics movement as a pseudo-scientific political, social, and legal phenomenon which had a devastating historical impact on America’s most vulnerable women, as well as briefly discuss its residual effects on contemporary reproductive rights conversations, through the lens of literature. Using an interdisciplinary discourse and narrative analysis approach, I identify two distinct themes within the explored narratives: (1) the importance of a government’s attempt to override a person’s autonomy by destroying the person’s ability to reproduce, and (2) the impropriety of actions based on a negative attitude toward disabled or undesirable persons. In my …

The "I" Is For Inclusive: Addressing The Need To Federally Regulate Employers' Use Of Artificial Intelligence In Hiring Practices, Caitlyn Shu

Hofstra Labor & Employment Law Journal

No abstract provided.