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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 ...


The Role Of Atrocity Actors In Transitional Justice Processes In Sierra Leone, Nicoleta Mirza 2021 University of North Georgia

The Role Of Atrocity Actors In Transitional Justice Processes In Sierra Leone, Nicoleta Mirza

International Journal of Security Studies

The article observes the role of atrocity actors and mainly the victim, perpetrator, and bystander in the transitional Justice Processes in the country of Sierra Leone. The article examines such mechanisms as truth commissions, trials, and cultural practice. It seeks to identify if and how did the transitional justice mechanisms help the atrocity actors in the case of Sierra Leone. Nonetheless, before approaching the transitional justice processes in the presented case study, the research shortly defines the atrocity actors: victim, perpetrator, bystander. Moreover, the paper goes beyond simply observing the transitional Justice Processes in the chosen case studies. Therefore, in ...


Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff 2021 William & Mary Law School

Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff

William & Mary Bill of Rights Journal

The recent proliferation of data breaches is one such event requiring a rethreading of standing doctrine. The Courts of Appeal are currently split on whether to allow or deny standing for data breach plaintiffs—those persons seeking recourse from the entities that fell victim to the breach and therein lost plaintiffs’ data to an unknown third party. Standing requires plaintiffs to show some injury, and how courts approach the concept of injury in these data breach cases determines whether plaintiffs will survive the standing analysis. Despite the disparate treatment of litigants across the circuits, the Supreme Court has repeatedly punted ...


The Challenges And Aspirations Of The Digital Transformation Of The State Council Of Egypt, Moustafa Ahmad Kamal Mahmoud Ahmad 2021 American University in Cairo

The Challenges And Aspirations Of The Digital Transformation Of The State Council Of Egypt, Moustafa Ahmad Kamal Mahmoud Ahmad

Theses and Dissertations

The use of modern technology to support the transformation of governmental public operations and services including judicial ones, with the aim of increasing efficiency, efficacy, and transparency, has spread all over the world, especially in the last four decades. This trend has existed in Egypt since the 1980s but without substantive efforts until the middle of the first decade of the current millennium. Since then, there have been several discussions, plans, and promises regarding the use of modern technology to enhance the effectiveness of judicial operations and services, especially in light of the increasing severe criticism directed towards the Egyptian ...


Fraud Against Financial Institutions: Judging Materiality Post-Escobar, Matthew A. Edwards 2021 William & Mary Law School

Fraud Against Financial Institutions: Judging Materiality Post-Escobar, Matthew A. Edwards

William & Mary Business Law Review

In Neder v. United States, 527 U.S. 1 (1999), the Supreme Court held that proof of materiality is required for convictions under the federal mail, wire and bank fraud statutes. During the past 20 years, the federal courts have endeavored to apply the complex common law concept of materiality to the federal criminal law context. The Supreme Court’s recent decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), a civil case involving the False Claims Act, provided the federal appellate courts with an ideal opportunity to reconsider materiality standards in ...


Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield 2021 University of Arkansas, Little Rock

Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield

Journal of Food Law & Policy

About half of the states have either passed or attempted to pass laws aimed at stifling criticism and exposure of factory farms throughout the country. This unwanted exposure is often the result of undercover reporters gaining access to the interior of meat-producing entities by seeking and obtaining employment. Their reports often expose filthy and dangerous conditions, substantial animal abuse, and the incorporation of unfit animal products into the public's food supply.


House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo 2021 St. Mary's University School of Law

House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez 2021 St. Mary's University School of Law

The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Talking Back In Court, M. Eve Hanan 2021 University of Washington School of Law

Talking Back In Court, M. Eve Hanan

Washington Law Review

People charged with crimes often speak directly to the judge presiding over their case. Yet, what can be seen in courtrooms across the U.S. is that defendants rarely “talk back” in court, meaning that they rarely challenge authority’s view of the law, the crime, the defendant, the court’s procedure, or the fairness of the proposed sentence.

With few exceptions, legal scholars have treated the occasions when defendants speak directly to the court as a problem to be solved by appointing more lawyers and better lawyers. While effective representation is crucial, this Article starts from the premise that ...


Belevolent Exclusion, Anna Offit 2021 University of Washington School of Law

Belevolent Exclusion, Anna Offit

Washington Law Review

The American jury system holds the promise of bringing commonsense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic exclusion based on income or wealth. The problem of unequal access to jury service based on socio-economic disparities is a longstanding yet under-studied problem—and one which the uneven fallout of the COVID-19 pandemic only exacerbated. Like race- and sex-based jury discrimination during the peremptory challenge phase of jury selection, the routine dismissal of citizens who face economic hardship excludes not only people but also the ...


Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt 2021 Seattle University School of Law

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review SUpra

No abstract provided.


The Varying Interpretations Of The United States Constitution, Joseph Longo 2021 Liberty University

The Varying Interpretations Of The United States Constitution, Joseph Longo

CULTURE & CRISIS: Reconciling Constitutionalism & Federalism in a Time of Crisis

The laws of these United States of America are in place to remedy the issues within and against American society by ensuring American’s citizens’ rights are protected against other citizens, organizations, and the government itself.[1] America’s founders gave future generations a framework, the supreme law of the land, to guide the path of the country in a way that they saw just.[2] The U.S. Constitution has been the framework for the American government and society for over 200 years to promote the country the founders of the nation had envisioned. The Constitutional debate today is ...


Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Revolving Doors Of Hospitalization And Incarceration: How Perceptions Of Procedural Justice Affect Treatment Outcomes, Maria Slater 2021 William & Mary Law School

Revolving Doors Of Hospitalization And Incarceration: How Perceptions Of Procedural Justice Affect Treatment Outcomes, Maria Slater

William & Mary Journal of Race, Gender, and Social Justice

This Article compares the levels of procedural justice afforded to persons with severe mental illness in the civil and criminal systems, either via involuntary commitment in state psychiatric hospitals in the civil system or via mental health court as an alternative to incarceration in the criminal system. Using Virginia’s mental health courts and civil commitment systems as case studies, this Article compares the procedures by which a person can be involuntary committed in the civil system with those afforded to persons who are funneled into mental health treatment courts in the criminal system, analyzing how levels of procedural justice ...


Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley 2021 Villanova University Charles Widger School of Law

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal

No abstract provided.


Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim 2021 Villanova University Charles Widger School of Law

Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim

Villanova Environmental Law Journal

No abstract provided.


Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum 2021 Villanova University Charles Widger School of Law

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.


The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein 2021 Villanova University Charles Widger School of Law

The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein

Villanova Environmental Law Journal

No abstract provided.


Substantially Mutated: Are Genetic Mutations “Disabilities” Under The Americans With Disabilities Act?, Jessica L. Loiacono 2021 Boston College Law School

Substantially Mutated: Are Genetic Mutations “Disabilities” Under The Americans With Disabilities Act?, Jessica L. Loiacono

Boston College Law Review

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability to ensure that disabled Americans are given equal opportunity to participate in all aspects of life. Title I of the ADA, in particular, prohibits employers from discriminating against employees because of a disability in all employment matters. Courts have struggled to consistently define which impairments constitute a disability under the statute. In June 2020, in Darby v. Childvine, Inc., the U.S. Court of Appeals for the Sixth Circuit seemingly expanded ADA coverage by holding that Sherryl Darby plausibly alleged that she was disabled due to a ...


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


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