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The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross
Articles
No abstract provided.
What Is A Fair Price For Objector Blackmail? Class Action Objectors And The 2018 Amendments To Rule 23 Symposium, Elizabeth J. Cabraser, Adam N. Steinman
What Is A Fair Price For Objector Blackmail? Class Action Objectors And The 2018 Amendments To Rule 23 Symposium, Elizabeth J. Cabraser, Adam N. Steinman
Articles
No abstract provided.
The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine
The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine
Articles
The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …
Safeguarding A Will: Will Deposit Statutes, Alberto Lopez
Safeguarding A Will: Will Deposit Statutes, Alberto Lopez
Articles
No abstract provided.
Payday, Yonathan A. Arbel
Payday, Yonathan A. Arbel
Articles
Legislation lags behind technology all too often. While trillions of dollars are exchanged in online transactions-safely, cheaply, and instantaneously-workers still must wait two weeks to a month to receive payments from their employers. In the modern economy, workers are effectively lending money to their employers, as they wait for earned wages to be paid. The same worker who taps a credit card to pay for groceries in semiautomated checkout lines depends on dated payroll systems that only transfer payments on a "payday." Workers, especially those living paycheck-to-paycheck, are hard-pressed to meet their daily needs and turn to expensive, short-term credit …
The Due Process Of Bail, Jenny E. Carroll
The Due Process Of Bail, Jenny E. Carroll
Articles
The Due Process Clause is a central tenet of criminal law's constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Article considers the lay of the bail due process landscape through the lens of the district court's opinion in ODonnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the ODonnell court failed to characterize pretrial process as …
Law Review And Finding A Place In The Academy Essay, Jenny E. Carroll
Law Review And Finding A Place In The Academy Essay, Jenny E. Carroll
Articles
No abstract provided.
The Illusory Promise Of Free Enterprise: A Primer To Promoting Racially Diverse Entrepreneurship Special Issue On Systemic Racism In The Law & Anti-Racist Solutions, Mirit Eyal-Cohen
Articles
No abstract provided.
Coordinating Community Reintegration Services For Deporatable Alien Defendants: A Moral And Financial Imperative, Amy F. Kimpel
Coordinating Community Reintegration Services For Deporatable Alien Defendants: A Moral And Financial Imperative, Amy F. Kimpel
Articles
No abstract provided.
Insuring Apologies, Benjamin J. Mcmichael
Insuring Apologies, Benjamin J. Mcmichael
Articles
Based on evidence demonstrating that an apology from a wrongdoer to a victim can assuage the victim's anger, reduce the likelihood that the victim seeks legal redress, and facilitate settlement, state legislatures have passed apology laws to encourage the delivery of more apologies. Aimed primarily at medical malpractice litigation-a traditional locus of the tort reform effort-apology laws render apologies from physicians to patients inadmissible in subsequent legal proceedings. In theory, privileging apologies will encourage their use and reduce malpractice liability risk as patients assert fewer claims and settle those claims that are asserted. However, if apology laws encourage the delivery …
The Habit Of A Judge: A History Of Court Dress In England & Wales, And Australia Book Reviews, Paul M. Pruitt Jr.
The Habit Of A Judge: A History Of Court Dress In England & Wales, And Australia Book Reviews, Paul M. Pruitt Jr.
Articles
No abstract provided.
Some Musings As Llcs Approach The Fifty-Year Milestone, Susan Pace Hamill
Some Musings As Llcs Approach The Fifty-Year Milestone, Susan Pace Hamill
Articles
No abstract provided.
The Law Of Rescue, Shalini Bhargava Ray
Protecting Protected Activity, Daiquiri J. Steele
Slicing Defamation, Yonathan A. Arbel
Lumpy Work, Deepa Das Acevedo
Healthcare Licensing And Liability, Benjamin J. Mcmichael
Healthcare Licensing And Liability, Benjamin J. Mcmichael
Articles
The United States' affordable care crisis and chronic physician shortage have required advanced practice registered nurses "APRNs" and physician assistants "PAs" to assume increasingly important roles in the healthcare system The increased use of these nonphysician providers has improved access to healthcare and lowered the price of care However restrictive occupational licensing laws"”specifically scopeofpractice laws"”have limited their ability to care for patients While these laws by themselves have important implications for the healthcare system they also interact with other legal regimes to impact the provision of care Restrictive scopeofpractice laws can increase the malpractice liability risk of physicians and decrease …
Theory Of The Nudnik: The Future Of Consumer Activism And What We Can Do To Stop It, Yonathan A. Arbel, Roy Shapira
Theory Of The Nudnik: The Future Of Consumer Activism And What We Can Do To Stop It, Yonathan A. Arbel, Roy Shapira
Articles
How do consumers hold sellers accountable and enforce market norms This Article contributes to our understanding of consumer markets in three ways First The Article identifies the role of a small subset of consumers "” the titular "˜nudniks' "” as engines of market discipline Nudniks are those who call to complain speak with managers post online reviews and file lawsuits Typified by an idiosyncratic utility function and personality traits nudniks pursue action where most consumers remain passive Although derided in courtrooms and the court of public opinion we show that nudniks can solve consumer collective action problems thereby leading to …
Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll
Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll
Articles
COVID-19 has shone a light on the preexisting flaws in the criminal justice system. This Essay focuses on one of the challenges the criminal justice system faces in light of COVID-19: that of a pretrial detention system that falls more harshly on poor and minority defendants, swells local jail populations, is fraught with bias, produces unnecessarily high rates of detention, and carries a myriad of downstream consequences, both for the accused and the community at large. Long before the first confirmed case, United States' jails were particularly susceptible to contagions. The COVID-19 crisis exacerbates this problem creating an acute threat …
Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen
Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen
Articles
No abstract provided.
The Law Of Rescue, Shalini Bhargava Ray
The Law Of Rescue, Shalini Bhargava Ray
Articles
Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for saving migrants' lives in the Arizona desert and elsewhere, however, scholarly treatment of the phenomenon of prohibited rescue is increasingly urgent. By analyzing disparate regimes of rescue, and focusing on migrant rescue specifically, this Article makes three contributions. First, it argues that the law of rescue generally privileges property …
Farm-Raised Trout, Richard Delgado, Jean Stefancic
Safety, Crisis, And Criminal Law, Jenny E. Carroll
Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz
Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz
Articles
Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children's environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place occupants at risk of permanent neurological harm and lifelong poor health risks. Federal, state, and local governments must use a range of primary prevention strategies in order to fully eradicate the risks and protect children from lead poisoning. This Article provides a comprehensive examination of best practices …
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Articles
In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers' advocates, and politicians have scrambled to articulate exactly what makes essential labor "essential." Some commentators have also argued that the rise of essential labor as a conceptual category disrupts or should disrupt longstanding patterns in the way …
Paying For Pretrial Detention, Russell M. Gold
Paying For Pretrial Detention, Russell M. Gold
Articles
American criminal law vastly overuses pretrial detention even as it purports to presume defendants innocent. This Article compares financial incentives in pretrial detention to those in civil preliminary injunctions. Both are procedures where one of the parties seeks relief before judgment. And yet, these two procedures employ financial incentives in opposite ways. Civil procedure discourages interim relief by requiring plaintiffi to bear financial risk when they obtain a preliminary injunction. Criminal law does the opposite-encouraging interim relief by requiring defendants to pay to avoid pretrial detention. The reasons that civil procedure relies on financial incentives to discourage requests for interim …
The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.
The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Articles
There is something missing in interpretive theory. Recent controversies-involving, for example, the first travel ban and funding for sanctuary cities-demonstrate that presidential "laws" (executive orders, proclamations, and other directives) raise important questions of meaning. Yet, while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation, there is no theory about how to discern the meaning of presidential directives. Courts, for their part, have repeatedly assumed that presidential directives should be treated just like statutes. But that does not seem right: theories of interpretation depend on both constitutional law and institutional setting. For statutes, the …
Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael
Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael
Articles
The United States' affordable care crisis and chronic physician shortage have required nurse practitioners to assume increasingly important roles in the healthcare system. Nurse practitioners can address critical access-to-care problems, provide safe and effective care, and lower the cost of care. However, restrictive occupational licensing laws - specifically, scope-of-practice laws - have limited their ability to care for patients. Spurred by interest groups opposed to allowing nurse practitioners to practice independently, states require physician supervision of nurse practitioners. Research has discredited many of the traditional reasons for these restrictive laws, but emerging arguments assert that independent practice will deepen the …
Rethinking Standards Of Appellate Review, Adam N. Steinman
Rethinking Standards Of Appellate Review, Adam N. Steinman
Articles
Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs certain trial court rulings. This Article critiques the Court's framework for making this choice and questions the desirability of assigning distinct standards of appellate review on an issue-by-issue basis. Rather, the core functions of appellate courts are better served by a single template for review that dispenses with the recurring uncertainty over which standard governs which trial court …