Species…In Law Article
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Paul Boudreaux, Species…In Law, 50 Texas Envtl. L. Journal 1 (2020)Clicking on the button will copy the full recommended citation.
2020
Keeping Current-Property Incollection
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Darryl Wilson and Jason W. Hirata, Keeping Current-Property, 34 Probate and Property 18 (2020)Clicking on the button will copy the full recommended citation.
[Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric and Lawyer Article
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Kirsten K. Davis, [Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric and Lawyer, 20 Nev. L.J. 1137 (2020)Clicking on the button will copy the full recommended citation.
Arguably the contexts of speaking and writing for lawyers of ancient Greece and Rome and lawyers of today could not be more different. But, classical rhetorical theory, developed 2,000 years ago for face-to-face interactions in public squares and courtrooms, can be productively applied to improve our understanding of modern lawyers’ digital communication practices. This article first argues that lawyers have an ethical responsibility to write as “citizen lawyers” and provide legal commentary in the digital public sphere. Then, applying classical rhetorical theory, this article explores the problems and possibilities of lawyers’ digital rhetoric. The article is not a handbook of rhetorical techniques; rather it offers lawyers a rhetorical perspective on public commentary in a digital environment.
Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Fourth Edition Book
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Steven Lubet and Elizabeth Ippolito Boals, Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Fourth Edition (4th ed., NITA, 2020)Clicking on the button will copy the full recommended citation.
Property Law Book
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D. Benjamin Barros et al., Property Law (2nd ed., Aspen Publishing, 2020)Clicking on the button will copy the full recommended citation.
Keeping Current–Property Incollection
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Darryl Wilson and Jason W. Hirata, Keeping Current–Property, 34 Probate and Property 18 (2020)Clicking on the button will copy the full recommended citation.
Role of Family Caregivers Regarding Sexual and Reproductive Health for Women and Girls with Intellectual Disability: A Scoping Review Article
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Robyn Powell et al., Role of Family Caregivers Regarding Sexual and Reproductive Health for Women and Girls with Intellectual Disability: A Scoping Review, 64 Journal of Intellectual Disability Research 131 (2020)Clicking on the button will copy the full recommended citation.
Background
While people with intellectual disability (ID) face disparities relating to sexual and reproductive health (SRH) services, little is known about the role of family caregivers who assist women and girls with ID access SRH services. This scoping review examined the findings of studies to elucidate the role of family caregivers with regard to SRH for women and girls with ID.
Method
We used Arksey and O'Malley's six-stage scoping framework, with Levac, Colquhoun and O'Brien's revisions, to evaluate identified sources. We searched three electronic databases, six ID journals and reference lists in full-text articles. Inclusion criteria included (1) primary and secondary source research studies in peer-reviewed journals; (2) published in English; (3) all research methodologies (i.e. qualitative, quantitative, mixed methods and systematic reviews or commentaries); (4) published between 2000 and 2016; and (5) studies from any country.
Results
The search yielded 2062 studies; 57 articles met inclusion criteria. Most studies employed purposive, convenience or criterion sampling. Participants included people with ID, family caregivers, paid caregivers and health-care professionals. Findings were summarised thematically: (1) menstruation and menopause; (2) vaccinations and preventive screenings; (3) supporting sexuality and healthy relationships; (4) coordinating with health-care providers and (5) contraception and sterilisation.
Conclusions
Findings from this scoping review underscore the need for more and better-quality research, including how family caregivers assist women and girls with ID access perinatal and preventive SRH services and sexual abuse education. Family caregivers, women and girls with ID and health-care providers need increased access to information about SRH.
The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty Article
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Grant Christensen, The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty, 68 UCLA L. Rev. Discourse 404 (2020)Clicking on the button will copy the full recommended citation.
This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row. The execution was carried out on August 26, 2020 over the objection of both members of the victims’ family and the Navajo Nation. This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to seek the death penalty for murder, or felony murder predicted on robbery or kidnapping, that tribal consent should also have been required before the United States sought the death penalty in a carjacking case. The interpretation by the Ninth Circuit and the decision by the Executive to proceed with the execution undermine tribal sovereignty and are contrary to both congressional intent and statutory interpretation.
Targeted Taxes: Localities Take Aim at Large Employers to Solve Homelessness and Transportation Challenges Article
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Andrew D. Appleby, Targeted Taxes: Localities Take Aim at Large Employers to Solve Homelessness and Transportation Challenges, Or. L. Rev. (2020)Clicking on the button will copy the full recommended citation.
Many localities are facing unprecedented challenges — such as a dramatic rise in homelessness and insufficient transportation infrastructure — that have reached crisis levels. These localities are in a precarious position. If they do not solve these problems quickly, or if they impose overbearing and poorly designed taxes, there will be dire economic and social repercussions.
In response to these challenges, several localities recently enacted or proposed taxes targeted directly at large businesses, with revenues allocated explicitly for a designated purpose. Localities are gravitating toward targeted taxes for several reasons. Some assert that the success of large employers within the locality contributed to, or even directly created, these challenges. Perhaps most importantly, targeted tax laws serve a clear expressive function. Depending on the locality’s primary objective, targeted taxes may be problematic and counterproductive.
This Article begins by examining the recent local targeted tax provisions, which have crucial distinctions in motivations and mechanics. The Article then undertakes a tax policy and constitutional analysis of these targeted taxes, and considers whether they are properly characterized as a tax or a fee. The Article concludes with several proposed alternatives that will generate the requisite revenue — and may serve an expressive function — more effectively than targeted taxes.
In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters Article
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Christine E. Cerniglia et al., In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters, 80 La. L. Rev. 421 (2020)Clicking on the button will copy the full recommended citation.
A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.”
Social and economic inequities emerge sharply after each natural disaster. Low-income and vulnerable people both suffer more from disasters and experience heightened barriers to accessing the post-disaster resources necessary to survive, rebuild, and return home. Marginalized and vulnerable populations, in particular, need legal assistance and expertise to overcome these barriers.
Natural disasters also inspire law students, law clinics, law schools and law faculty to help. Law school responses to assisting with post-disaster legal needs have been diverse. Some efforts have been law student initiated, while several law school clinics have provided legal assistance in a variety of ways. Some law schools have launched clinics with a devoted budget and strict focus on disaster practice. Some took on disaster work because it was the greatest need for existing clients and communities. Others shifted the focus of existing clinics to disaster needs, and still others launched temporary clinics in various forms to respond to acute crises. Some wanted to help but did not have ready relationships or resources to be responsive.
Each of the authors has direct experience surviving natural disasters and providing legal assistance from within the academy. This article provides necessary information about the nature of natural disasters, the ecosystem of response systems, and common legal issues for law schools and clinical programs interested in providing legal assistance to disaster-affected communities. It then describes varying models of law school institutional responses to increasingly common natural disasters. Building on lessons learned through these experiences, law schools can develop a blueprint for community-engaged disaster response. Building a framework for institutional responses in the legal academy can advance and improve access to justice for vulnerable communities recovering after a disaster and can provide students with an opportunity to learn from this social justice engagement.