Research assessment

After meeting with Ms. Susan Motley, she suggested that I look into acts that build upon existing laws to prevent discrimination on the basis of pregnancy, childbirth, or other related medical issues. So, for this research assessment, I will be exploring the effects of the Pregnant Workers Fairness Act (PWFA). It went into effect on June 27th 2023, so it is still a pretty recent development in employment law. This Act applies to ‘covered employers’ which include private and public employers with at least 15 employees. 

Follow the link to read further:

https://drive.google.com/file/d/1eojiNIK4fyGeUqzuQdPAC4Smpj7fSSpm/view?usp=sharing

For my final product, I am delving into alternative methods of conflict resolution. This would allow people who are frustrated with their interpersonal conflicts to solve them through means other than entering into a lawsuit. One such alternative is mediation, which I discussed in my last research paper. Another alternative is arbitration, which I will explore in this research paper. 

The link below will lead you to the full paper:

https://drive.google.com/file/d/1hzMBqLnjvlJEzcp1SXzI27Hu4mZO_csp/view?usp=sharing

Mediation plays an important role in the legal atmosphere as an alternative to entering into a lawsuit. Alternative Dispute Resolution is beneficial to the interests of the parties involved because it could preserve the relationship between them, while lawsuits often fragment them. This is especially beneficial between businesses or in family law.

Click the link to read more about mediation!

https://drive.google.com/file/d/1I9Oi6RAuzDFAfVt5kd7HyUJvLKkHA6RC/view?usp=sharing

Mediation is an alternative process to suing. During mediation, a third party mediator intervenes to assist both parties in resolving their conflict. I was interested in learning more about this because many of the attorneys who cited unnecessary lawsuits as an issue in the legal atmosphere also shared that mediation could be a way to alleviate this issue. 

In this article, author Jonathan W. Wolfe discusses the role of arbitration and mediation in family law. Jonathan W. Wolfe practices in the fields of business litigation and matrimonial disputes at his firm Skoloff & Wolfe P.C.

The link below will take you to my full paper!

https://drive.google.com/file/d/1RNMR2-oDHZSL4O5IkS_Db0r3821XDMNM/view?usp=sharing

Recently, I conducted an interview with a Staff Attorney, or Clerk, named Susan Motley. She works under Justice Ken Molberg. As a Staff Attorney, her work entails reviewing cases and writing recommendations to the Judge on how to rule. She analyzes evidence and testimony into a format that is cumulative and assists the Judge in making a decision. She also reviews transcripts and evidence to explain them and their significance in her recommendations. Her place of employment, the Fifth District Court of Appeals, reviews both civil and criminal cases. When anyone appeals a case in Dallas, Collin, Hunt, Rockwall, Grayson, and Kaufman counties, it will then be escalated to this court for review. 

Hit the link below to read more about my interview:

https://drive.google.com/file/d/1zB4DJkPiCac1UYYOy9KCfMyNJiZzlAON/view?usp=sharing

When the time came to start working on my Original Work, I wasn’t quite sure where to begin. I knew that I wanted to do something to make change in the community, big or small. Community service is very important to me, and it is a big part of the reason why I chose civil law. I want to make tangible impacts on the community. So I decided to find an issue related to the law that I want to target in my research. 

Use the link below to view my work!

https://drive.google.com/file/d/1EZ8ZCLDsLmR0nIGh4JWfGP48Cuy006D-/view?usp=sharing

 An important part of the probate process is will execution. Although we take this step for granted, often attorneys will leave a will unexecuted and deliver it to the family with instructions to have it executed. This is improper and exposes the attorney to malpractice allegations. It is crucial that everyone understand the will execution process in order to assure that their families’ wills are handled properly, and for attorneys to be careful to handle wills properly. Professor Gerry W. Beyer of Texas Tech University School of Law, expert in estate law, writes about the importance of executing wills properly as well as the process of executing them according to the recognized method. 

Check out my research with the link below!

https://drive.google.com/file/d/1whVynqYQP8DDIvIQbVXudNoLGYyP5TUP/view?usp=sharing

 Understanding the terms that are used in drafting a will is integral to ensuring that the will is properly executed after death. UT Austin professor Stanley M. Johanson explains some of these tricky terms and advises on how to avoid misinterpretation. In this article, Stanley M. Johanson compiles Texas state court decisions that have to do with Wills, Trusts, and Probate.  

The link below will direct you to the rest of my research!

https://drive.google.com/file/d/1_b5YGnv-pIxWVUs850NkZhudlbT8EdCH/view?usp=sharing

My most recent research interview was with Mr. Paul Simon, a founding partner at his very own firm, Simon | Paschal PLLC. Mr. Simon specializes in employment law and business law. These are both important facets of Civil Law, and I wanted to use this interview as an opportunity to learn more about employment law, an area which I did not conduct as much research on as other fields. I entered the interview with a vague idea of what the field of employment law looks like, and I was excited to gain an idea of what this job entails by interviewing Mr. Simon. 

Hit the link below to read the rest of my research!

https://drive.google.com/file/d/10DmT3iZoUDPEPR03iwQi-3j4L7KNjVNp/view?usp=sharing

After conducting my first research interview, I felt much more confident and prepared when the time came for my second one. This time, I spoke with Ms. Melissa Kingston of the same law firm, Friedman & Feiger. Ms. Kingston is a dedicated partner who specializes in Real Estate and Construction Litigation, Employment, Creditor and Debtor Litigation, and Probate and Guardianship Litigation. Although presented with this expansive and impressive skill set, for the purposes of this interview, I focused on her experience in Real Estate and Construction Litigation as well as general inquiries about her experience in the field of law. 

View the link below for more!

https://drive.google.com/file/d/1iyzYDN29n_vpQrrUG1FjJaXnGLi2jJjV/view?usp=sharing

My first research interview was a transformative experience that enabled me to gain valuable insights into the legal profession. I had the privilege of sitting down with Mr. Ernest Leonard, a distinguished partner at Friedman & Feiger. Although my area of study revolves around Civil Law, this interview was not just about exploring the intricacies of that specialization. Instead, it was an opportunity to delve into the broader realm of legal practice, learning about the core values, challenges, and essential skill sets that lawyers of any specialty must possess. I entered the interview with a mind filled with preconceived notions about the field of law. I was eager to demystify some of these misconceptions and gain a real-world perspective from an experienced professional like Mr. Leonard. What I discovered during our conversation was both enlightening and eye-opening.

Click the link below for more about what I learned from my first research interview:

https://drive.google.com/file/d/19fxt5hd2qr1jQf3Pn6ZqgtsK6xU_qenU/view?usp=sharing

Contrary to popular belief, climate change is not only an environmental issue but a legal

one as well, with immense implications for tort law. Tort law addresses civil wrongs and protects individuals or entities who have suffered harm due to intentional harmful actions or negligence of others. As climate change has established a stronger presence in the world around us, it has also given rise to a series of complex legal challenges. This assessment explores the multifaceted impacts of climate change on tort law, examining how shifting environmental patterns, rising sea levels, and other consequences of climate change are transforming the legal landscape.

VIew the link below to read more of my research:

https://drive.google.com/file/d/1wNlTXpx9lXURZsgnWpnUj7DgayYBhk50/view?usp=share_link

In 1995, the world of securities litigation in the United States underwent a  shift with the introduction of the Private Securities Litigation Reform Act (PSLRA). This landmark legislation was a response to the issues within the realm of securities class action lawsuits. It sought to find a balance between protecting investors and preventing frivolous lawsuits that could harm companies and shareholders. 

Hit the link below to view my research:

https://drive.google.com/file/d/1UlNSSzpAwgF2v0c7YpYH1XbJmnXAaQgU/view?usp=sharing

Tort cases encompass the majority of civil lawsuits. They are integral to the successful execution of our civil justice system. A current issue in the legal sector is the reform of the current guidelines surrounding torts, commonly known as tort reform. Due to their significance in the legal system, I chose to study an in-depth document that details the different types of tort reforms and presents both positive and negative viewpoints on the topic.

To read my full analysis, hit the link below:

https://drive.google.com/file/d/1l_7PuevHX4Waf1GuOvg8f3HR_APGp06f/view?usp=sharing

The recent overturn of Roe v. Wade has opened the floodgates for a slew of legal

discontent. From womens rights to public health, there are many concerns surrounding

the implications of this ban on abortions. Trusted news source The Washington Post

relays that such concern was expressed by The Center for Reproductive Rights by their

lawsuit against Tennessee, Idaho, and Oklahoma for denying abortion care to women in

emergency situations. The issue is that providers are afraid of providing the procedure for

fear of being penalized, despite exceptions written into the law.

For more, click the link to my full annotated bibliography below:

https://drive.google.com/file/d/1dGkrkt91t-qzTvfOJRSgAiVmQaqDsYIt/view?usp=sharing

Juul Labs is a prominent manufacturer of vape pens, the latest trend in nicotine

consumption. My research explores settlements between Juul Labs and 35 states following an investigation which revealed that Juul was marketing to minors by using young looking models, providing free samples, verbally advertising to minors, and having a faulty age verification system. The nicotine industry continues to stave off allegations of negligence and fraud in its marketing. This story is a recurrence of the Tobacco Cases, corporations being exposed for seeking to profit off of addiction and sustain the cycle of nicotine dependency to fuel their corporations.

Click the link below to view my annotated bibliography:

https://drive.google.com/file/d/1ipctSO2id_s8QIH6QuIyjqwxFtEnIjNF/view?usp=sharing

Since I have established my field of interest as civil law, I decided to dive deeper into copyright law, a domain that lies within civil law. I explored a recent copyright infringement case called Larson v. Perry. The case involves two friends, Dawn Dorland Perry and Sonya Larson. The two had a dispute over Larson’s use of a letter in her short story “The Kindest.” Perry alleged that Larson plagiarized the letter from one that Perry wrote and sent in a Facebook group.

The argument revolves around whether or not Larson used the letter in a ‘transformative” way, therefore permitting its use under the fair use policy.

To view my research of this case, click the link below: 

https://drive.google.com/file/d/1wxoUQJkGEk3CG9p7ynQjPL1IN2abWWyE/view?usp=sharing