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How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Cincinnati College of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Faculty Articles and Other Publications

This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.

T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.


Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez 2021 Chapman Univ. School of Law

Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez

Northwestern Journal of Law & Social Policy

Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. This has made PPE supplies casualties of the trade ...


Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang 2021 University of Colorado at Boulder

Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang

Northwestern Journal of Law & Social Policy

Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s ...


Death-By-Incarceration In Illinois, Joseph Dole 2021 Northwestern Pritzker School of Law

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.


Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin 2021 Northwestern Pritzker School of Law

Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin

Northwestern Journal of Law & Social Policy

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title ...


Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman 2021 Northwestern Pritzker School of Law

Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman

Northwestern Journal of Law & Social Policy

Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople ...


Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim 2021 Northwestern Pritzker School of Law

Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim

Northwestern Journal of Law & Social Policy

Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers ...


Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia 2021 Northwestern Pritzker School of Law

Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia

Northwestern Journal of Law & Social Policy

Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020 ...


The Role Of Public Trust In People's Subjective Well-Being, Vani S. Kulkarni, Raghav Gaiha 2021 University of Pennsylvania

The Role Of Public Trust In People's Subjective Well-Being, Vani S. Kulkarni, Raghav Gaiha

Population Center Working Papers (PSC/PARC)

Kenneth Arrow, perhaps the most influential economist after John Maynard Keynes in the 20th century, viewed trust as a lubricant that fosters cooperative behaviour and thus facilitates mutually advantageous economic exchanges in the presence of incomplete contracts and imperfect information. Recent research has confirmed the beneficial effects of trust in government on economic performance. The obverse, that an erosion of trust in public institutions (state, judiciary and police) has deleterious effects on economic performance, is equally true. Various recent accounts do not just corroborate an erosion of trust in governance, but also point to the imperative of strengthening it to ...


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Restorative Justice, Law, And Healing, Henry J. Shea 2021 University of St. Thomas School of Law

Restorative Justice, Law, And Healing, Henry J. Shea

University of St. Thomas Law Journal

No abstract provided.


The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma 2021 University of St. Thomas, Minnesota

The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma

University of St. Thomas Law Journal

No abstract provided.


Restorative Revelations, Monica Cosby, Annalise Buth 2021 University of St. Thomas, Minnesota

Restorative Revelations, Monica Cosby, Annalise Buth

University of St. Thomas Law Journal

No abstract provided.


Confessions Of A Catholic Litigator, David A. Shaneyfelt 2021 University of St. Thomas, Minnesota

Confessions Of A Catholic Litigator, David A. Shaneyfelt

University of St. Thomas Law Journal

No abstract provided.


The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner 2021 University of St. Thomas, Minnesota

The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner

University of St. Thomas Law Journal

No abstract provided.


Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak 2021 University of St. Thomas, Minnesota

Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak

University of St. Thomas Law Journal

No abstract provided.


Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith 2021 University of St. Thomas, Minnesota

Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith

University of St. Thomas Law Journal

No abstract provided.


Keynote Address, Jeanne Bishop 2021 University of St. Thomas, Minnesota

Keynote Address, Jeanne Bishop

University of St. Thomas Law Journal

No abstract provided.


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. 2021 Gakushuin University

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti 2021 University of Pittsburgh School of Law

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some within the LGBTQ+ community opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. On the other hand, LGBTQ+ proponents of same-sex marriage saw marriage as a civil rights issue because of the central importance of marriage in American society. They sensed a profound wrong in the denial of the benefits of ...


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