Civil Law Commons^™

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force. In …

Taxing Combat, Samuel Kan

Dickinson Law Review (2017-Present)

When you are being shot at or dodging landmines you are in a combat zone. Diplomatic niceties aside, these brave warriors are in danger because of the policies of their Government and we must take care of them. Quite frankly, we must act to insure that we do not have a repeat of what happened in Somalia. In Somalia, the families of the soldiers who lost their lives could not receive the benefits that should have gone to them under the Tax Code because the President never declared it a combat zone.

We don’t know exactly where we’re at in …

Predetermined? The Prospect Of Social Determinant-Based Section 1115 Waivers After Stewart V. Azar, Griffin Schoenbaum

Dickinson Law Review (2017-Present)

Section 1115 of the Social Security Act allows the Secretary of Health and Human Services (the “Secretary”) to waive some of Medicaid’s requirements so states can enact “demonstration projects.” A demonstration project is an experiment a state can conduct by modifying aspects of its Medicaid program. To waive Medicaid’s requirements for this purpose, the Secretary must determine that the proposed demonstration project will likely assist in promoting Medicaid’s objectives.

Using this standard, President Trump’s Secretary has approved waiver requests to enact demonstration projects that contain “community engagement” requirements. The U.S. District Court for the District of Columbia has heard each …

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …

Disclosing Prosecutorial Misconduct, Jason Kreag

Vanderbilt Law Review

Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these reforms largely ignore the need to remedy the harms from past Brady violations. Furthermore, these proposals focus almost entirely on the harms defendants face from prosecutors'Brady misconduct, ignoring the harms victims, jurors, witnesses, and others endure because of Brady misconduct. This Article proposes a new remedy …

“Some Things Are Too Hot To Touch”: Competency, The Right To Sexual Autonomy, And The Roles Of Lawyers And Expert Witnesses, Michael L. Perlin, Alison J. Lynch, Valerie R. Mcclain

Touro Law Review

No abstract provided.

Clear And Convincing Civility: Applying The Civil Commitment Standard Of Proof To Civil Asset Forfeiture, Stephen J. Moss

American University Law Review

No abstract provided.

Indiana Civil Legal Needs Study And Legal Aid System Scan, Victor D. Quintanilla, Rachel Thelin

Books & Book Chapters by Maurer Faculty

In 2017, the Indiana Coalition for Court Access entered into a partnership with Indiana University to conduct a statewide legal needs study. The IU Center for Law, Society & Culture and the IU Public Policy Institute submit this final report to the CCA. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that …

Defining Law, Tal Kastner

Scholarly Works

Commenting on Chaim Saiman’s book, Halakhah: The Rabbinic Idea of Law, this essay views the difficulty of defining halakha as indicative of the universal challenge of defining the bounds of what constitutes “law.” Considering the dynamic of contingent norms, social context, history, and narrative that shapes the meaning of law, it focuses on a series of decisions by a federal district court judge in connection with the case of Bayless v. United States (1996) involving the sufficiency of reasonable suspicion to justify a police stop. Tracing the slippage in this case between holding and dicta, among other sources of authority …

Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy

Oklahoma Law Review

No abstract provided.

The Near Impossibility Of Pleading Falsity Of Opinion Statements Under Section 10(B) Of The Securities Exchange Act And Rule 10b-5, J. Cooper Davis

Oklahoma Law Review

No abstract provided.

Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E), Thomas J. Joyce

Oklahoma Law Review

No abstract provided.

Limiting The Right To Buy Silence: A Hearer-Centered Approach, Burt Neuborne

University of Colorado Law Review

No abstract provided.

Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld

Journal of Civil Law Studies

Data has become one of the most important resources in post-modern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of the legal situation in Europe. It discusses why data ownership is widely perceived as a problem on this side of the Atlantic and how this perception can be overcome by a fundamental property law approach. Taking into account economic realities, we argue that European property law …

Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley

Journal of Civil Law Studies

No abstract provided.

Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian

Journal of Civil Law Studies

The terms “mixed legal systems” and “legal transplants” are used frequently in comparative law. What they denote exactly, is difficult to ascertain: what does the mixité consist of, what are its ingredients or building blocks; which types of mixité exist, how are legal transplants transformed in the receiving legal system? Comparative lawyers often resort to metaphors when they try to describe and explain these complex phenomena: metaphors from cooking, music, horticulture or biology. Whenever there are mixtures, trans-formations, or transmutations, metaphors from the philosophical concepts of alchemy are at least equally illuminating. This article discusses the different problems of conceptualising …

Mcgraw V. City Of New Orleans, Marcus D. Sandifer

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska

Journal of Civil Law Studies

This article focuses on the attitude of the Polish legal elite regarding the adaptation of French civil law introduced on the Polish territories in the Duchy of Warsaw, established by Napoleon in 1807. While addressing the Polish example, it underscores the universal nature of problems engendered by legal transfer and by the social reactions to foreign solutions. It sheds light on the state of mind of Polish enlightened elites, on their approach toward new legal instruments and on the challenges of adapting them to the socioeconomic conditions of a semi-peripheral country. The Polish situation in the early 19th century provides …

Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas

Journal of Civil Law Studies

Scholars increasingly use expressions such as “regulatory com-petition” or even “law market” to illustrate the new global legal system and the rivalry between national laws. This paper scrutinizes the legitimacy of the application of such economic concepts to legal systems’ interactions. An economic analysis could allow us to, more precisely, delimit the factors of convergence (leading to unity) and divergence (leading to diversity) between national legal systems due to competitive strategies (namely differentiation and alignment) and the consequences for the regulation of legal systems’ interactions.