In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, 2016 Streetwise and Safe
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.
Brendan M. Conner
The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...
Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, 2015 University of Wollongong; Australian National University
Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant
The aim of this paper is to provide readers with an insight into Marx’s methods as a first step to understanding income tax more generally but with specific reference to Australia’s income tax system. I do this by introducing readers to the ideas about the totality that is capitalism, appearance and form, and the dialectic in Marx’s hands. This will involve looking at income tax as part of the bigger picture of capitalism, and understanding that all things are related and changes in one produce changes in all. Appearances can be deceptive and we need to delve ...
Flourishing Rights, 2015 University of Tennessee College of Law
Flourishing Rights, Wendy A. Bach
Michigan Law Review
There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade ...
The Elephant In The Room, 2015 Lewis & Clark Law School
The Elephant In The Room, Troy B. Albert
Troy B Albert
Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, 2015 University of Pittsburgh - Main Campus
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation ...
Protecting The Welfare Of Our Children For A Better Tomorrow, 2015 St. Thomas University
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Aileen N Gonzalez
No abstract provided.
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, 2015 the john marshall law school
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
walter j kendall lll
No abstract provided.
Abolish Anonymous Reporting To Child Abuse Hotlines, 2015 The Catholic University of America, Columbus School of Law
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Catholic University Law Review
All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous ...
A Case For Canadian Pay Equity Reform, 2015 Western University
A Case For Canadian Pay Equity Reform, Sydney Kruth
Western Journal of Legal Studies
Pay equity must be separated from collective bargaining. An examination of the history of fair pay in unionized workplaces—and the current legal remedies available for pay discrimination—prove that the current strategies to remedy the significant gender pay gap are unsuccessful. Two significant issues hinder pay equity. Pay equity is still subject to collective bargaining in unionized workplaces. The Public Sector Equitable Compensation Act (PSECA) has undermined pay equity. The PSECA embodies the dangers of subjecting pay equity issues to collective bargaining. Canada is taking a regressive approach that disregards the importance of pay equity, despite the known benefits ...
Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, 2015 Western University
Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas
Western Journal of Legal Studies
This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...
Hospital Chargemaster Insanity: Heeling The Healers, 2015 Lehigh University
Hospital Chargemaster Insanity: Heeling The Healers, George A. Nation Iii
George A Nation III
Hospital list prices, contained in something called a chargemaster are insanely high, often running 10 times the amount that hospitals routinely accept as full payment from insurers. Moreover, the relative level of a particular hospital’s chargemaster prices bears no relationship to either the quality of the services the hospital provides or, to the cost of the services provided. The purpose of these fictitious list prices is to serve as a starting point or anchoring point, for negotiations with third-party payers regarding the amount that they will actually pay the hospital for it’s goods and services.
Ironically, there is ...
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, 2015 Indiana University --Indianapolis
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
The U.S. approach to addressing economic and social needs strongly favors individual and corporate charity over the establishment and enforcement of economic and social rights. This charity/justice imbalance has a severely negative impact on the nation’s poor, who despite the overall U.S. wealth struggle with inadequate access to healthcare, housing, and nutrition. This article suggests a two-part approach for remedying the charity/justice imbalance in the U.S.: First, the U.S. should eliminate the charitable tax deduction, a policy creation that does not effectively address economic and social needs, forces an inequitable poverty relief and ...
Definitions, Religion, And Free Exercise Guarantees, 2015 Capital University Law School
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...
Inmates Who Cried Wolf: The Dangers Of Applying The Plra's Limit On Appellate Attorney's Fees In Prisoner Deprivation Of Rights Claims, 2015 Washington University School of Law
Inmates Who Cried Wolf: The Dangers Of Applying The Plra's Limit On Appellate Attorney's Fees In Prisoner Deprivation Of Rights Claims, Peter Shakro
Washington University Law Review
No abstract provided.
Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, 2015 Trinity College Dublin
Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins
This case involves an important decision of the Grand Chamber of the Court of Justice of the EU (CJEU) in relation to when Member States may refuse benefits to non-nationals who do not have a right of residence under EU law. The Court held that Article 24(1) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Article 4 of Regulation No 883/2004 did not preclude a national law under which nationals of other Member States are excluded ...
Social Welfare Appeals, Appeal Revisions And Oral Hearings, 2015 Trinity College Dublin
Social Welfare Appeals, Appeal Revisions And Oral Hearings, Mel Cousins
This note discusses two recent Irish High Court decisions which concern when a social welfare appeals decision can be revised and when an oral hearing may be held as part of the social welfare appeals process. It would appear that the claimants (or their legal teams) were seeking to establish when an oral hearing should be held. However, the Social Welfare Appeals Office (SWAO) – having originally decided both cases without an oral hearing – proposed to reconsider the appeals with an oral hearing after judicial review proceedings were initiated.
The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, 2015 Trinity College Dublin
The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, Mel Cousins
This case comment examines recent jurisprudence concerning the right to freedom from discrimination under the New Zealand Human Rights Act (HRA) and Bill of Rights Act (NZBORA). In particular, it examines the ruling of the Court of Appeal in Child Poverty Action Group (CPAG) v Attorney General, and also considers relevant aspects of the decisions in Ministry of Heath v Atkinson and Attorney General v IDEA Services. These three decisions have marked an important step forward in the interpretation of the human rights provisions by the New Zealand courts. Following an introduction to the issues raised in the CPAG case ...
For Those Who Do Not Speak: Protecting Class Arbitration As The Last Collective-Action Option For Women, 2015 Washington University School of Law
For Those Who Do Not Speak: Protecting Class Arbitration As The Last Collective-Action Option For Women, Jennifer L. Bame
Washington University Journal of Law & Policy
This Note argues that the Supreme Court, under § 7 of the NLRA, should uphold the protection of class arbitration as a concerted activity, because it is an especially important tool for equalizing the power of women in the workplace. Through the preservation of class arbitration, women will be more successful in enforcing their workplace rights. This Note reviews how the division of labor along gender lines has created devastating economic consequences for women, who constitute a large majority of the working poor in America. The Note concludes that the decline of unionization and other collective-action strategies has left class arbitration ...
The European Convention On Human Rights, The Un Convention On The Rights Of The Child And The ‘Benefit Cap’ - R (Sg) V Secretary Of State For Work And Pensions  Uksc 16, 2015 Trinity College Dublin
The European Convention On Human Rights, The Un Convention On The Rights Of The Child And The ‘Benefit Cap’ - R (Sg) V Secretary Of State For Work And Pensions  Uksc 16, Mel Cousins
This note looks at the recent decision of the UK Supreme Court in the 'benefit cap' case. The Court narrowly rejected the appeal concerning whether the benefit cap was in breach of Article 14 of the European Convention on Human Rights but some judges would have held that the cap was in breach of the UN Convention on the Rights of the Child.
First Amendment Decisions - 2002 Term, 2014 Touro College Jacob D. Fuchsberg Law Center
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.