Category Archives: Access to Justice

Chasing the Kardashians

Written by Hazel Weiser Here’s where I disagree with Professor Tamanaha.  It’s not that SALT has been silent or callous about the rise of student debt.  As Dean Van Cleave so passionately stated in her recent blog, to solve the … Continue reading

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Call for Papers: ClassCrits VI

This year’s ClassCrits meeting will be at Southwestern Law School in Los Angeles, November 15-16.  The deadline for abstracts and panel proposals is fast approaching:  March 20, 2013. The call follows, and you can get more details here.  Send proposals … Continue reading

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Getting my Snoot on in Toledo: Disappointment with Obama, Worry with Romney

Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law As I frequently do Sunday’s mornings in Toledo, picked up the Sunday Toledo Blade at the 7/11 (Comenatchi? (Hi!) Paloatchi (Hi back at you!) Gorum! Gorum! (Hot! … Continue reading

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(Updated – 7/14) Romney, NAACP,Obamacare, Bain, Obama, Harvard and all that: Notes from the Midstream of an Internationalist African-American Harvard JD-MBA

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law (Update:  Other than Romney and Obama, I am avoiding using names of others here to respect their privacy.  I sent a copy of this post to … Continue reading

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Flawed Justice for Terror Suspects

By Benjamin G. Davis This commentary first appeared in the Toledo Blade on June 17, 2012. On Sept. 11, 2001, I lost a friend from high school who had gone to the World Trade Center in New York City that … Continue reading

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What law do you want to teach?

Judicial vacancies restrict access to the federal courts, make litigation more expensive, and insidiously undermine the credibility of government. And a confirmation process that prevents qualified candidates of an elected president’s party from taking office sways the judiciary further to the right despite an election where voters said civil liberties, clean air, privacy, reproductive rights, social justice, and corporate accountability were important issues for our federal government to maintain and safeguard.

The Alliance for Justice has created a fantastic resource to help educate voters and civic leaders about the state of judicial nominations. The Judicial Selection Project has a running count of vacancies in the district and circuit courts, along with profiles of all of the current nominees. It’s a great lesson in the advise & consent function of the Senate, or at least what can go wrong with it. Continue reading

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When Just Right is Unjust: Goldilocks Jurisprudence and the Right to Counsel in Post-Conviction Appeals

By Hugh Mundy During its October 2011 term, the Supreme Court issued two well-publicized decisions severely curtailing the already tenuous Fourth Amendment rights of the accused and incarcerated.  First, in Howes v. Fields, the Court held that prisoner interrogations held … Continue reading

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John Payton’s Legacy: An Antidote to Cynicism

This morning NPR broadcast a report on the millionaire contributors to the various Super PACS which will only fuel the vitriol of this presidential election cycle. The list of contributors, those who have given a million or more and to which PAC, is available on line. Robert Smith, the NPR reporter, focused on Steven Lund, who had set up a phony corporation to hide the fact that he had given $1 million to Restore our Future, the Super PAC supporting Mitt Romney. I could have easily slipped into cynicism, believing that Citizens United (2010) was indeed the death knell of our democracy. I could have slipped deeper into despair thinking that the U.S. Supreme Court might overturn Citizens United, but not before the Super PACS had done their damage and gotten Obama out of office. At first I tried to elicit Stephen Colbert’s satire, his Super PAC, Making a Better Tomorrow, Tomorrow. But even Stephen’s wicked humor didn’t help. That’s all I could conjure was a scene of depressed and disappointed would-be voters who might just sit out this election. I was recognizing the symptoms: cynicism, passivity, and victimhood. These are self-government’s deadly enemies. Continue reading

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A GOOD DAWN FOR JUSTICE IN GUATEMALA

  Written by Raquel Aldana, University of the Pacific, McGeorge School of Law   Today was a historic day for Guatemala. A few hours ago, after a long day of heady hearings, a Guatemalan court opened a criminal case for … Continue reading

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In Response to David Segal in The New York Times

I think the major problem with David Segal’s November 19, 2011 article in The New York Times, like much of what has been written in the vein lately, is that the perspective is way too narrowly on the large law firms and the elite law schools. While many law schools follow the lead of the elites, many also do not, but most of the schools who do not follow the model as closely are the lower ranked schools. The large law firms could solve some of their problems by recruiting at law schools that actually do produce practice ready graduates. USNews is also a big factor and could change the ranking formula to account for practice ready curriculum and teaching excellence. I realize that there has been a trickle down effect in the legal job market so that all new graduates are likely to find themselves competing with more experienced lawyers for any openings, but that is likely a very short term effect, and many of the newly unemployed former associates from large firms will find that they actually did not get much useful transferable experience during the first couple of years at those firms. Continue reading

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