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From Sheltering to Sentencing: An Examination of Immigrant Harboring Under 8 U.S.C. § 1324
Get PDFImagine you are washing dishes in the restaurant where you work when government officials walk through the front door. You hear them announce that they have a warrant to search the restaurant and ask to speak with the owners. Amidst all of the confusion and panic, you become instantly alarmed. If the owners are arrested, you will lose your job, your living space, and your means of transportation. Even more terrifying, you realize the impending raid likely indicates your imminent removal from the country. You are one of the estimated 11,047,000 unauthorized immigrants currently living in the United States. If your status is discovered by Immigration and Customs Enforcement (“ICE”), you will be ordered to leave or, worse, forcibly removed from the country
Assignments for the Benefit of Creditors as an Alternative to Bankruptcy Proceedings
Get PDFMany companies intending to close benefit from going through a formal dissolution procedure. The simplest method is to dissolve under state law, which can be done internally by the officers and directors or other responsible people in charge of the business. Dissolution under state law is a preferred method for companies without complicated debt structures or significant remaining assets. Instead of going through a dissolution handled internally by the company decision makers, companies may also consider retaining a third-party fiduciary who can notify creditors that the company has ceased doing business, sell any remaining assets, and distribute the proceeds to creditors. Involving a disinterested, professional third party with a duty to maximize returns to creditors provides legitimacy and optics to the process. The option involving a disinterested third-party in the dissolution of a business that most CEOs consider first is bankruptcy. However, bankruptcy has limitations that make it less attractive for certain debtors and creditors. Most states have adopted statutes governing assignments for the benefit of creditors, which is a process utilizing state courts and state law as an alternative to federal bankruptcy law. In most states the statutes have not been substantively updated in decades and are not regularly implemented. The article recommends that assignments for the benefit of creditors be more widely adapted and applied in jurisdictions where they are under-utilized, to allow debtors to address their creditors’ needs. The article provides a model statute that could be adopted in multiple states that do not have a well-developed statute concerning assignments for the benefit of creditors
Juris Dr. Strangelove or: How I Learned to Stop Worrying and Love the Machines
Get PDFDespite a surplus of practicing attorneys, millions of Americans experience inadequate legal representation, demonstrating deep inefficiencies in the market for legal services. This paper explores the potential for artificial intelligence (“AI”) to expand access to justice by providing efficient and affordable solutions. Free and widely available AI-powered tools, like ChatGPT and Claude, demonstrate the capability to assist non-lawyers in tasks like drafting legal documents, conducting legal research, and resolving disputes. These tools represent a practical and economically efficient way to increase access to legal resources for underserved populations. Still, while AI offers significant promise, clear challenges exist. Issues like hallucinations—instances of AI producing inaccurate information—underscore the risks of relying on these tools without oversight. Additionally, the unique human and social capital that attorneys provide, such as advocacy and trust built through professional relationships, cannot truly be replicated by AI. Other problems, like current consumer protection and fiduciary obligations, further complicate AI’s role in the legal field. This article ultimately concludes that while AI holds transformative potential to reduce barriers and expand access to legal services, achieving this outcome requires thoughtful regulation and continuous innovation to protect consumers and uphold the integrity of the legal system
Intangible Harms, Tangible Consequences: Analyzing the Impact of TransUnion on Standing to Sue for Data Breach
Get PDFScholars and practitioners predicted that the 2021 Supreme Court case TransUnion v. Ramirez would essentially nullify the private right of action—a key enforcement mechanism for many consumer privacy laws. This Article analyzes federal courts (N=96) interpreting TransUnion in data breach contexts. Our contribution is twofold: (1) identifying tests courts employ to determine whether data breach plaintiffs have alleged sufficient “injury in fact” to establish Article III standing, and (2) highlighting the areas of inconsistency in how courts employ those tests. The analysis serves to ground the scholarly debate about the implications of TransUnion in holding breached entities accountable. Despite the fears expressed by privacy advocates, our results indicate that TransUnion has not effectively nullified the private right of action. Our findings show 60% of plaintiffs (n=58) successfully established injury in fact based on intangible data breach harms. Nevertheless, we found inconsistencies among the lower courts; scholars’ and practitioners’ concerns that data breach plaintiffs’ access to federal courts post-TransUnion may depend on geography are not unfounded
Legal and Policy Responses to Sexual Harassment in Housing
No full textThe sexual harassment of low-income women by their housing providers is a clear national problem that has only recently become the focus of coordinated nationwide enforcement efforts by federal agencies, including the Department of Justice. While these developments are welcome, the problem requires proactive responses as well. This Essay examines data from a study of all of DOJ\u27s sexual harassment in housing cases and uses this information to identify the most problematic types of housing providers and the most common forms of harassment. Specifically, harassment appears to occur most frequently in private rental housing and is perpetuated by managers (usually the owners of the property) who operate with little or no oversight. Additionally, the vast majority of sexual harassment in housing involves a perpetrator who explicitly offers to trade rent for sexual activity. With this in mind, the Essay then suggests targeted legal and policy responses to address the problem
What\u27s the Matter With BATNA? It\u27s Misleading and Doesn\u27t Help Advance Parties\u27 Important Interests
No full textMany dispute resolution experts misunderstand the concept of BATNA (the best alternative to a negotiated agreement), believing that it is the most favorable possible outcome if the parties don’t settle. In fact, BATNA isn’t an expected result. It’s a course of action, not the value resulting from the course of action.
Attorneys often make unrealistic predictions of court outcomes because of inherent uncertainty and cognitive biases. Moreover, parties have many intangible interests that aren’t included in estimates of BATNA values.
This article offers suggestions for attorneys and mediators to advance clients’ interests by better understanding and valuing non-settlement outcomes
The Art of Mediation Representation: Helping Clients Make Good Decisions
No full textAttorneys regularly represent clients in mediation, yet many do not perform this role effectively. The article is designed to help attorneys better assist clients in making good decisions during mediation. It explores the theory and practice of mediation representation, emphasizing how attorneys can provide excellent client service by counseling clients and communicating effectively with mediators and counterpart attorneys. Ideally, attorneys as act “quasi-mediators,” helping clients make informed, confident decisions while navigating the mediation process. Drawing on the Real Practice Systems checklists and empirical research, the article outlines key tasks before, during, and after mediation sessions. It critiques the inadequate preparation of law students in mediation representation and offers suggestions for legal education reform
How I Learned to Stop Worrying and Love the Bot: What I Learned About AI and What You Can Too
No full textArtificial intelligence (AI) tools play an increasingly prominent role in legal education, legal practice, and dispute resolution. People’s understanding of how these tools work varies widely. This article outlines a framework to improve AI literacy among dispute resolution practitioners, parties, ADR program managers, faculty, students, and scholars. It highlights emerging trends and offers practical suggestions and resources to support AI literacy and the responsible integration of AI into their work. A companion article, Getting the Most from AI Tools: A Practical Guide to Writing Effective Prompts, helps users, especially those in dispute resolution roles, learn how to write effective prompts and engage productively with AI tools