Other Law Commons^™

Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula

Duke Law & Technology Review

No abstract provided.

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review ...

Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen

Poverty Law Conference & Symposium

Anti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”

Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws ...

No Choice: At The Crossroads Of Poverty And Decreasing Abortion Access, Marja-Leena Aaltonen

Poverty Law Conference & Symposium

This paper will briefly review a portion of current abortion law in the United States and then focus on the problem through a lens of poverty with regard to access. Then the discussion will turn to lawmakers’ and religious interests’ interference in family planning decisions. Finally, I offer two steps toward making abortion more accessible to all but especially toward mitigating the costs of accessing abortion.

Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin

Dignity: A Journal on Sexual Exploitation and Violence

Before my combat deployments into Iraq, I, Colonel Wes Martin, had successfully fought another war. As a military police officer, I spent many years fighting against sexual misconduct, abuse of authority, and cover-ups within the senior officer and sergeant ranks in the United States Army. During this fight I faced continual criticism from my senior officers who claimed I was discrediting the Army by exposing the corrupt and immoral behavior of senior officers and sergeants.

During the early days of standing up to the corruption, when I had the rank of Major, I received retaliatory evaluations and was forced to ...

Blockchain Technology And The Irs: How The Use Of Blockchain Technology Could Interfere With A Taxpayer’S Privacy Rights, Michelle Yang

Blockchain Law

We will examine the benefits and dangers of implementing blockchain technology within the IRS framework. In the context of filing and reviewing tax returns, implementing blockchain technology within the tax industry could soften the relationship between the government, particularly with the IRS, and the taxpayer with speedier refunds, more efficient communications, and a uniform effort to deal with controversy more effectively. Part II will provide a brief background on the pros and cons of using blockchain technology to file tax returns. Parts III and IV will focus on two of the current laws governing cyberspace technology and how each law ...

Legal Issues For Blockchain In An Environment Most Unkind, Tyler Kirsch

Blockchain Law

SpaceChain is looking to use an operating system based in blockchain for two purposes: first, it can be used to allow a constellation of satellites to communicate; and second, it can be used to ensure compliance to the rules set for the constellation.27 If a group of satellites launch with a smart contract that states both the purposes of the constellation parts and whole, outcomes can be coded into the satellites for compliance purposes.

SpaceChain is hoping, through the use of this OS, to make an “agnostic” jurisdiction. By this, SpaceChain is looking to not build a traditional jurisdiction ...

The Case For Blockchain In The Beauty Industry, Sumanpreet Kaur

Blockchain Law

Part II of this paper addresses the legal issues presented by counterfeit cosmetics and false claims, and also compares the regulatory landscape in the United States versus that of the European Union. Part III analyzes how blockchain can be used to fill in the gaps left by the lack of strong regulations in the United States and provide consumers reliable methods of authenticating the ingredients in their personal care products. Part III also explains how Cult Beauty is implementing blockchain in its business. Part IV discusses the potential hurdles and negatives of using blockchain in the beauty industry. Part V ...

Lgbtq Youth Homelessness And Discrimination In The Child Welfare System, Markie Flores

Poverty Law Conference & Symposium

Despite the existence of LGBTQ anti-discrimination laws, LGBTQ youth are still being discriminated against within the foster care system. The primary cause of all youth homelessness is family conflict, and LGBTQ youth are more susceptible to family conflict when they come out to their parents. The Williams Institute surveyed 354 agencies throughout the United States who work with LGBTQ homeless populations and found that 68% of clients have experienced family rejection. The True Colors Fund notes that more than 1 in 4 LGBTQ teens are forced to leave their homes after coming out to their parents. LGBTQ youth also face ...

Utilizing Estate Plans To Achieve Economic Justice, Geber Penate

Poverty Law Conference & Symposium

Bayview has been the home to many black families for decades. However, the inability of title-holders to create distribution plans for their estate before their death has contributed to their ultimate displacement. When a title-holder of property dies, their property is required to go through a court system known as probate. The probate court system has various functions ranging from identifying assets, calculating any owed taxes and fees, and distributing property. The only way to avoid probate is through the execution of a probate-avoidance distribution document, which is mentioned in further detail below. The probate court system, to say the ...

Judicial Independence And The Budget: A Taxonomy Of Judicial Budgeting Mechanisms, Alexander Rosselli

Indiana Journal of Constitutional Design

This Paper addresses three aspects of judicial budgeting. First, it will identify the four broad families of constitutional provisions that consider the judicial budget. While the majority of procedures and requirements that govern judicial budgeting are found in statues, many nations’ constitutions explicitly address judicial salaries. Other constitutions only broadly address judicial budgeting. Second, we will analyze different approaches to judicial councils. Third, this Paper will address several different approaches to the judicial budgeting process. This includes how the judiciary’s budget is proposed, as well as how it is allocated and managed. Finally, this Paper will touch upon the ...

Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz

Poverty Law Conference & Symposium

Nearly fifty years since the passage of the Clean Water Act (“CWA”) in 1972, widespread pollution of California’s surface and groundwater continues across the state. “Over half of California’s lakes, bays, wetlands, and estuaries are too polluted to swim, drink, or fish,” according to the State Water Resources Control Board. Poor and working-class communities suffer disproportionately from the negative externalities and environmental impacts of water pollution, including effects on human health and wellness.

With a focus on the CWA citizen suit provision, this paper examines how the legal and administrative processes for water pollution control have not effectively ...

Poverty, Domestic Violence, And The Covid-19 Pandemic, Tammy Henson

Poverty Law Conference & Symposium

There is a distinct correlation between domestic violence and level of income; the lower the income, the higher the prevalence of domestic violence. When poverty and domestic violence intertwine, the consequences for a family in poverty can be devastating. The COVID-19 pandemic of 2020 has added immense pressure to families in poverty already suffering economic hardship. The sudden loss of income due to the nationwide shelter in- place mandate coupled with prolonged proximity to partners and children all day make for a ticking time bomb for many families in poverty.

Law enforcement, criminal courts, and family & dependency courts follow standard ...

The Crime Of Grooming, Dr. Limor Ezioni

Child and Family Law Journal

No abstract provided.

Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram

Child and Family Law Journal

No abstract provided.

The Putative Spouse And Marriage By Estoppel Doctrines: An "End Run Around Marriage" Or Just A Marriage?, Dana E. Prescott, Esq., Ph.D

Child and Family Law Journal

No abstract provided.

The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.

Child and Family Law Journal

No abstract provided.

The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux

Child and Family Law Journal

No abstract provided.

Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn

Child and Family Law Journal

No abstract provided.

The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden

Child and Family Law Journal

No abstract provided.