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Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark 2022 S.J. Quinney College of Law, University of Utah

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power ...


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Cincinnati College of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Faculty Articles and Other Publications

This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.

T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.


America’S Health Is Deteriorating As The Arts Industry Struggles To Survive The Covid-19 Pandemic, Renee Mariotti 2022 Seton Hall University

America’S Health Is Deteriorating As The Arts Industry Struggles To Survive The Covid-19 Pandemic, Renee Mariotti

Law School Student Scholarship

No abstract provided.


The Mount Laurel Prescription: The Potential For Public Health Improvement Through Community Desegregation In New Jersey, Patricia Kane O’Connor 2022 Seton Hall University

The Mount Laurel Prescription: The Potential For Public Health Improvement Through Community Desegregation In New Jersey, Patricia Kane O’Connor

Law School Student Scholarship

No abstract provided.


Deinstitutionalizing The “New Asylums”: Telepsychiatry In The United States Correctional System, Michelle Amartey 2022 Seton Hall University

Deinstitutionalizing The “New Asylums”: Telepsychiatry In The United States Correctional System, Michelle Amartey

Law School Student Scholarship

No abstract provided.


The Benefits And Challenges Of Expanding Access To Noninvasive Prenatal Testing (Nipt) Through Public Health Efforts, Maryam Farzad Hassimi, PhD 2022 Seton Hall University

The Benefits And Challenges Of Expanding Access To Noninvasive Prenatal Testing (Nipt) Through Public Health Efforts, Maryam Farzad Hassimi, Phd

Law School Student Scholarship

No abstract provided.


Pirates, Ai, And Privacy: The Use Of Ai In Combatting Media Piracy Online, Lauren P. Haberstroh 2022 Seton Hall University

Pirates, Ai, And Privacy: The Use Of Ai In Combatting Media Piracy Online, Lauren P. Haberstroh

Law School Student Scholarship

No abstract provided.


Nj Bail Reform: Addressing Wealth Inequality But Not Racial Disparities, Joshua Rifkin 2022 Seton Hall University

Nj Bail Reform: Addressing Wealth Inequality But Not Racial Disparities, Joshua Rifkin

Law School Student Scholarship

No abstract provided.


“Locker Room Talk” Or Sexual Harassment? The Push For A Federal Modification Of The Severe Or Pervasive Standard, Janine Dayeh 2022 Seton Hall University

“Locker Room Talk” Or Sexual Harassment? The Push For A Federal Modification Of The Severe Or Pervasive Standard, Janine Dayeh

Law School Student Scholarship

No abstract provided.


Product Liability Applied To Automated Decisions, Ian A. Wardell 2022 Seton Hall University

Product Liability Applied To Automated Decisions, Ian A. Wardell

Law School Student Scholarship

No abstract provided.


Policies And Regulations Surrounding Opioid Use Disorder During Covid-19, Hannah Eaves 2022 Seton Hall University

Policies And Regulations Surrounding Opioid Use Disorder During Covid-19, Hannah Eaves

Law School Student Scholarship

No abstract provided.


A Common Legislative Framework: The Right Approach For In Vitro Clinical Tests, Gaozhen Hang 2022 Seton Hall University

A Common Legislative Framework: The Right Approach For In Vitro Clinical Tests, Gaozhen Hang

Law School Student Scholarship

No abstract provided.


Fostering Inclusivity Through Recognition: Enforcing Islamic Marriage Contracts In New York, Faatimah Jafiq 2022 Seton Hall University

Fostering Inclusivity Through Recognition: Enforcing Islamic Marriage Contracts In New York, Faatimah Jafiq

Law School Student Scholarship

No abstract provided.


Achieving Parity Of Coverage Between Mental And Physical Health Care, Erica A. Fishel 2022 Seton Hall University

Achieving Parity Of Coverage Between Mental And Physical Health Care, Erica A. Fishel

Law School Student Scholarship

No abstract provided.


Too Few Thimbles On The Monopoly Board: How Concentration In Provider Markets Have Driven Healthcare Costs, Dan Gogerty 2022 Seton Hall University

Too Few Thimbles On The Monopoly Board: How Concentration In Provider Markets Have Driven Healthcare Costs, Dan Gogerty

Law School Student Scholarship

No abstract provided.


Recognizing A Need For New Jersey Legislative Change: Ensuring The Provision Of Comprehensive School-Based Physical Therapy Intervention As Commander Under The Individuals With Disabilities Education Act Is An Important Step In The Mitigation Of A Public Health Concern, Dana Sealander 2022 Seton Hall University

Recognizing A Need For New Jersey Legislative Change: Ensuring The Provision Of Comprehensive School-Based Physical Therapy Intervention As Commander Under The Individuals With Disabilities Education Act Is An Important Step In The Mitigation Of A Public Health Concern, Dana Sealander

Law School Student Scholarship

No abstract provided.


A Constitutional Standard For The Withdrawal Of Life-Sustaining Treatment From An Incapacitated Pregnant Woman, Christine Clark 2022 Seton Hall University

A Constitutional Standard For The Withdrawal Of Life-Sustaining Treatment From An Incapacitated Pregnant Woman, Christine Clark

Law School Student Scholarship

No abstract provided.


Plotting A Future For Integrated Care, Christina Principe 2022 Seton Hall University

Plotting A Future For Integrated Care, Christina Principe

Law School Student Scholarship

No abstract provided.


Alice In The Land Of Artificial Intelligence: Some Practical Ways To Help Survive “Abstract Idea” Challenges Under Section 101, Charlene Thrower 2022 Seton Hall University

Alice In The Land Of Artificial Intelligence: Some Practical Ways To Help Survive “Abstract Idea” Challenges Under Section 101, Charlene Thrower

Law School Student Scholarship

No abstract provided.


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