Civil Law Commons^™

Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock

University of the District of Columbia Law Review

Given the recent celebrations of Gideon v. Wainwright's 5 0 th anniversary,' it is most appropriate that this Symposium issue focuses on the civil right to counsel. While Gideon was only about the right to counsel in criminal cases, many of the events and articles marking the anniversary discussed the interplay between criminal and civil cases,2 even reaching the front page of the New York Times 3 and various radio shows. 4 Yet historically, criminal and civil cases have rarely been discussed simultaneously.

The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges

University of the District of Columbia Law Review

In Gideon 's Trumpet,' Anthony Lewis recounts the story of Clarence Gideon, an indigent man whose appeal to the United States Supreme Court improbably culminated with the Court holding that the right to counsel in a criminal trial was a fundamental right, one which requires the states to provide counsel to indigent criminal defendants. 2 Almost fifty years later in Turner v. Rogers,3 the Court rejected the analogous argument that the right to counsel in a civil contempt proceeding was a fundamental right where an indigent, noncustodial parent faces incarceration. This argument was at the core of the civil Gideon …

Expanding The Civil Privilege Of Being Represented By Counsel Through The Presumed Prejudice Doctrine, Maurice Hew Jr.

University of the District of Columbia Law Review

On the fiftieth anniversary of Gideon v Wainwright,' many scholars are examining 2 the promise to not ration justice 3 by requiring counsel to be appointed for the indigent for State crimes. 4 Yet, other scholars are trying to expand Gideon's promise to all civil law matters,5 including immigration. Providing free appointed immigration counsel for representation in secretive 7 civil immigration removal proceedings would be ideal. However, for respondents who are subjected to the mandatory deportation consequences of their *9. convictions, immigration representation is impractical and serves little purpose.' 0 A better approach is to have criminal counsel simultaneously provide …

Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore

University of the District of Columbia Law Review

In recent years, access to justice and civil right to counsel advocates have taken a strong interest in pilot programs to test the cost and effectiveness of increasing the availability of counsel to low-income civil litigants. An eighteen-month privately-funded housing counsel pilot in two Boston courts has recently concluded and a new housing pilot is about to begin in three different Massachusetts courts. Pilots are also ongoing or in late stages of development in several other states. The most ambitious pilot program to date is the multi-year, multi-county pilot project underway in California pursuant to the Sargent Shriver Civil Counsel …

Evaluating The Performance And Accountability Of Regulators, Colin Scott

Seattle University Law Review

The global financial crisis came in the wake of significant reforms to the structures, processes, powers, and rules of the regulatory regimes for financial markets in many of the countries adversely affected by the crash. The global financial crisis came in the wake of significant reforms to the structures, processes, powers, and rules of the regulatory regimes for financial markets in many of the countries adversely affected by the crash. In this Article, I follow the logic of an argument that regulation necessarily has political dimensions, even where it may appear technical. I am asking questions about how we might …

The Timing And Source Of Regulation, Frank Partnoy

Seattle University Law Review

The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …

Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, Jeremy R. Cooper

Seattle University Law Review

This Article considers the historical basis for the shift from defined benefit plans to defined contribution plans, the structural and practical shortcomings of defined contribution plans, alternate pension models, and adjustments to existing retirement plan models that may offer a degree of protection to plan contributors. Like the United States, Australia is now realizing the limitations of a defined contribution retirement system insofar as it relates the provision of reliable retirement income for a population with increasing life expectancy. Unlike defined contribution plans, defined benefit plans provide a benefit based typically on time served and a predetermined proportion of either …

First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins

Faculty Publications and Presentations

Seventy years ago, in West Virginia State Board of Education v. Barnette, the United States Supreme Court eloquently held that the state could not compel public schoolchildren to salute the flag while reciting the Pledge of Allegiance. The decision has been heralded as one of the Court’s most significant free speech cases because it acknowledged expansive protection for freedom of conscience. But recently, the United States Court of Appeals for the Eleventh Circuit held that Barnette’s protection does not extend to college students who challenge their public institution’s curriculum because university enrollment is “voluntary.” The impact of this …

No.28 - February 2014, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

Naturalizing Immigration Imprisonment, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

Only recently has imprisonment become a central feature of both t across every level of government and involving civil and criminal law enforcement tools.

Examining the population as a whole provides crucial insights as to how we arrived at this state of mass immigration imprisonment. While political motivations — parallel to those that fueled the rapid expansion of criminal mass incarceration — may have started the trend, this Article demonstrates that key legal and policy choices explain how imprisonment has become an entrenched feature of immigration law enforcement. In fact, legislators and immigration officials have locked themselves into this choice, …

Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León

Michigan Journal of Gender & Law

In Chile, the Criminal Code bans all forms of abortion. Furthermore, the Constitution—drafted and enacted by the Military Junta led by General Augusto Pinochet—was inspired by a conservative version of Catholic natural law championed by prominent Chilean constitutional law scholars. This Article traces the emergence, development, and ultimately the defeat of a persistent legal mobilization driven by natural law-inspired litigants, politicians, and scholars against levonorgestrel-based emergency contraception, also known as the morning-after pill. In their decade-long efforts at legal mobilization, these natural law litigants used every tool of the Chilean legal system to challenge the legality and the constitutionality of …

The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank

Faculty Scholarship

No abstract provided.

Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee

Faculty Scholarship

No abstract provided.

A Study Of Juror Information On The Websites Of 61 Predominately Hispanic Texas Counties, Irma S. Jones, Dianna Blankenship, Marcus Juarez

Teaching and Learning Faculty Publications

The Constitution does not require a jury of twelve men and women t o be representative of America’s diverse ethnic, racial, and economic groups (Donaldson v. California, 1971). Although there is concern whether prospective juror pools emulate shifting racial and ethnic populations, (Fukari, 1996), it is unconstitutional to use “race conscious means” to create a racially balanced jury pool. (United States v. Ovalle, 1998). The U.S. Hispanic population grew from 9.1 million in 1970 to 35.3 million in 2000, an increase of nearly four times, and 53 million in 2012, an increase of nearly six times (Pew Research Center, 2014). …

Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette

Maryland Law Review

No abstract provided.

Using Tips To Discount To Present Value, Raymond Strangways, Bruce L. Rubin, Michael Zugelder

Finance Faculty Publications

The practice of forensic economics has a long history of trying to identify the correct interest rate to use when valuing economic losses in personal injury and wrongful death cases. We trace the legal history as it relates to the appropriate interest rates and adjustments for inflation. We then discuss the use of Treasury Inflation Protected Securities, TIPS, and an analysis of the combined effect of realized inflation and taxes on the effective return. We come to the unexpected conclusion that the use of TIPS does not lend itself to a simple adjustment to the rate for taxes nor eliminate …

On Selling Civil Recourse, Andrew S. Gold

Faculty Scholarship

No abstract provided.

The Trickle-Down War, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly’s nuanced and complex arguments, the story goes something like this: As power-holders (originally bandits and local strongmen) sought to expand their power, they needed capital to pay for weapons, soldiers and supplies. The need for capital and new recruits drove the creation of taxation systems and census mechanisms, and the need for more effective systems of taxation and recruitment necessitated better roads, better communications and better record keeping. This in turn enabled the creation of larger and …

Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.