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Articles 1 - 12 of 12
Full-Text Articles in Law
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Belmont Law Review
On March 30, 2010, former President Barack Obama signed into law the Patient Protection and Affordable Care Act, which amended the Fair Labor Standards Act (“FLSA”) of 1938. Due to this amendment, the FLSA now requires employers to provide workplace accommodations for working mothers who wish to continue expressing breast milk after returning to work. Although this legislation was intended to be a step in support of transforming the role of women in the workplace, in practice its protections fail to advance the legal policies and progressive changes to the American workplace that our society has tirelessly pushed for. This …
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Belmont Law Review
Regionalism Panel Discussion Featuring: Mr. Jon Cooper, Mr. Ralph Schulz, and Mr. Michael Skipper. Moderated by Mayor Karl Dean. October 7, 2016
Public Pension Reform And The Takings Clause, Michael B. Kent
Public Pension Reform And The Takings Clause, Michael B. Kent
Belmont Law Review
Of the many current issues facing state and local governments, perhaps one of the most pressing is public pension reform. According to the U.S. Census Bureau, there are nearly 4,000 public pension systems in the United States, the vast majority (3,742) of which are administered by local governments. As of 2014, these systems had more than 19,000,000 members and more than 9,000,000 beneficiaries receiving periodic payments. But many of these systems are in serious financial trouble, collectively facing unfunded liabilities that, by some estimates, equal approximately $4.7 trillion. In light of these shortfalls, many states have enacted a variety of …
Is There A Law Of Regional Planning?, Brian W. Ohm
Is There A Law Of Regional Planning?, Brian W. Ohm
Belmont Law Review
This Article examines the law through the lens of regional planning. Globally, the twenty-first century has been called “the urban century,” with more people living in urban areas than in rural areas. In the United States in particular, our urban areas are often not comprised of a single city. Rather, our urban areas are comprised of numerous local governments: cities, villages, towns, and counties. The modern metropolis connotes an agglomeration of adjacent and interconnected local governments (often cities) clustered around a major urban center (often an older central city). This Article will provide a brief overview of some of the …
Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske
Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske
Belmont Law Review
In 2016, both major presidential candidates supported a big increase in federal spending for infrastructure improvements. This is a good thing in light of the state of America’s infrastructure. Given that much of the nation’s infrastructure is owned and maintained by local governments, such proposals require local governments to access the capital markets even more than they currently do. And, as it is, the municipal market is extremely large. In 2015 alone, there were 6,530 “new money” municipal bond issues, totaling nearly $153.86 billion. Looking forward, there is therefore good reason to pause and think about how local governments might …
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Belmont Law Review
It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and that they often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl—that is, the movement of people and jobs from city to suburb. Because most suburbs are highly dependent on automobiles, such sprawl makes it more difficult for people without cars to reach jobs and other destinations, as well as increasing greenhouse gas emissions and other forms of automobile related pollution.This Article discusses a variety of possible …
First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon
First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon
Belmont Law Review
Innovations and technological disruptions in the “sharing economy” are shifting the contours of urban travel in the United States. Carsharing organizations such as car2go and Zipcar have grown exponentially over the past decade, expanding their memberships from 52,347 in 2004 to 1,181,087 in 2015. Ridesourcing companies like Lyft and Uber, which were entirely absent from most U.S. cities as recently as 2010, are now global powerhouses, each reportedly worth billions of dollars. Private investors, after avoiding investments in urban transit services for more than half a century, are now offering venture capital for Bridj, Chariot, and other companies. This Article …
Strengthening Our Cities, Raumesh Akbari
Strengthening Our Cities, Raumesh Akbari
Belmont Law Review
Belmont Law Review Symposium Presentation: Representative Raumesh Akbari, Strengthening Our Cities. October 7, 2016
Judicial Perspectives Series, Roger A. Page
Judicial Perspectives Series, Roger A. Page
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Belmont Law Review
Almost all states levy some form of corporate income tax. In administering a corporate income tax system, states must make a series of policy decisions, including the tax rate and tax base. A more interesting problem arises, however, when considering corporations that do business in multiple states: how to determine the portion of income attributable to business within each state. This policy of apportionment is a crucial element of a corporate income tax system. Although the federal government has considered involving itself in determining how this income is apportioned to the various states, it never has. States have very little …
The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune
The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune
Belmont Law Review
In most states, counties are allowed to tax personal property and may attach liens to the personal property if the taxes are not paid. However, secured creditors may already have a lien on the same personal property, which they perfected by making the appropriate filing as set forth by the Uniform Commercial Code (the “UCC”). The laws that control the relative rights of the counties and the secured creditors vary widely among states. In some states, despite a creditor’s apparent priority under the UCC, a county’s lien can override a creditor’s prior lien, even without any registration or opportunity for …
Privileged For Being Stationary: Why The Practice Of Differentiating Between In-State And Out-Of-State Tuition Rates Are Unconstitutional, Hannah Mccann
Belmont Law Review
State universities charging out-of-state tuition prices through the use of durational residency requirements is unconstitutional in violation of the Privileges and Immunities Clause of Article IV for students who come into a state in order to attend school there because the practice hinders the operation of a system of higher education within the nation as a whole by allowing states to confer the privilege of in-state tuition upon residents that people coming into the state from other states do not receive. Additionally, the practice of using durational residency requirements in determining who is eligible for in-state tuition violates the right …