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California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove 2014 SelectedWorks

Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove

Amir Shachmurove

No abstract provided.


Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque 2014 American University Washington College of Law

Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque

Legislation and Policy Brief

In an increasingly digital world, it can often feel like numbers define us. Whether your social security number, your phone number, or your credit score, the cold truth is that your identity is often boiled down to a single number. In the financial world, your credit score traditionally defines your eligibility for credit and the cost of credit, but the uses of credit scores have expanded to include premiums for insurance, employment eligibility, and other non-financial determinations. Particularly in tough financial times, small fluctuations in credit scores can have large impacts on consumers’ access to affordable credit.

As furnishers and ...


Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong 2014 SelectedWorks

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

No abstract provided.


Incorporating Third Party Green Building Rating Systems Into Municipal Building And Zoning Codes, Edward Teyber 2014 Pace University

Incorporating Third Party Green Building Rating Systems Into Municipal Building And Zoning Codes, Edward Teyber

Pace Environmental Law Review

The role of green buildings in mitigating climate change has thus become a hot topic. This literature has begun to elicit change within corporations pursuing third party certification of their corporate buildings and campuses. Perhaps the success of discrete green building projects in mitigating climate change compared to the failure of international regulatory bodies to reach consensus for meaningful change is due to the publicity and, in turn, profits associated with certification by a third party green building rating system. In addition to reduced GHG emissions, reduced runoff, reduced maintenance costs, and positive publicity of green buildings for the project ...


The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin 2014 Pace University

The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin

Pace Environmental Law Review

Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck me is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment today ...


Federal Programs And The Real Costs Of Policing, Rachel A. Harmon 2014 SelectedWorks

Federal Programs And The Real Costs Of Policing, Rachel A. Harmon

Rachel A. Harmon

Dozens of federal statutes authorize federal agencies to give money and power to local police departments and municipalities in order to improve public safety. While federal programs encourage better coordination of local police efforts and make public safety less financially costly for local communities, they also have a darker side: they encourage harmful policing. Of course, policing often interferes with our interests in autonomy, privacy and property, and those harms are often worthwhile in exchange for security and order. Federal public safety programs, however, are designed, implemented, and evaluated without reference to the non-budgetary costs of policing. When those costs ...


The Law And Economics Of Microfinance, Katherine Helen Mary Hunt 2014 SelectedWorks

The Law And Economics Of Microfinance, Katherine Helen Mary Hunt

Katherine Helen Mary Hunt

Financial inclusion may be jargon which appeals to international donors and academics, but the strategic implementation in developing countries is often based on international du jour priorities, such as microfinance. The topic of microfinance is highly debated in the academic literature, although little empirical work has been published. Further, no literature to date has considered microfinance from a law and economics perspective. This paper seeks to contribute to the gap in the literature by considering how microfinance has evolved to address the credit market failure, and how microfinance regulation should be designed to promote long term financial inclusion via financially ...


What Is A Lien? Lessons From Municipal Bankruptcy, David A. Skeel Jr. 2014 University of Pennsylvania Law School

What Is A Lien? Lessons From Municipal Bankruptcy, David A. Skeel Jr.

Faculty Scholarship

From the outset of Detroit’s bankruptcy, an unlikely set of issues kept coming up: What exactly is a lien? Who has a property interest or its equivalent in bankruptcy? Did general obligation bondholders have special status, due to Detroit’s promise to use its “full faith and credit” for repayment? What about Detroit’s pension beneficiaries, who could point to a provision in the Michigan Constitution stating that accrued pension benefits cannot be diminished or impaired. In this Article, I explore these and related issues that have arisen in Detroit and other recent municipal bankruptcy cases.

Part I of ...


Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty 2014 SelectedWorks

Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty

Meredith W. Doherty

As the technology of smartphones has progressed, electronic communication has become an integral and portable part of our daily lives. A recent New Jersey case highlighted the issue of holding the sender of a text message liable for injuries resulting from a motor vehicle accident in which the driver at fault was reading a text message from the sender at the time of the accident. This note focuses on the implications of such liability being imposed on senders of text messages as well as the slippery slope that could result, taking all forms of electronic communication, social media and mobile ...


New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo 2014 Pace University

New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo

Pace Law Review

The Comment examines trust decanting in four parts. Part I reviews the historical evolution of decanting statutes, first from common law roots, and later focusing on the legislative history of New York’s decanting statute. Part II briefly explains the functionality of section 10-6.6 of the NY EPTL; the “how does it work” explanation of the statute that authorizes decanting. Part III will discuss the many practical uses of the decanting statute. Finally, Part IV will transition into a discussion on how the trustee’s use of this statute not only leaves him in limbo regarding the tax treatment ...


Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter 2014 Pace University

Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter

Pace Law Review

This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is ...


E-Citation $5 Fee Authorized In Tennessee, Karen Blake 2014 University of Tennessee, Knoxville

E-Citation $5 Fee Authorized In Tennessee, Karen Blake

Karen Blake

A short description of recent legislation permitting Tennessee cities to adopt a $5 e-citation fee for a period of 5 years.


Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj 2014 Pepperdine University

Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. DiCanni 2014 Touro College Jacob D. Fuchsberg Law Center

The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni

Touro Law Review

This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV ...


A Free Online Guide For Researching The Ohio Constitution, Sue M. Altmeyer 2014 Cleveland State University

A Free Online Guide For Researching The Ohio Constitution, Sue M. Altmeyer

Sue M Altmeyer

Attorneys and law students should have knowledge of the Ohio Constitution because it offers another legal grounds for their client's cases, sometimes over and above the rights afforded by the U.S. Constitution. The Ohio Constitution is often in the news, pertaining to recent court cases or proposals to amend the state constitution. Various groups are attempting to amend the Ohio Constitution to, among other things, allow for same-sex marriage, marijuana legalization, and to create an Ohio Voter Bill of Rights. The Cleveland-Marshall College of Law Library makes a free research guide available for researching the Ohio Constitution: Law ...


Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder 2014 College of William & Mary Law School

Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder

William & Mary Law Review

No abstract provided.


A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman 2014 Boston College Law School

A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman

Boston College Journal of Law & Social Justice

Richard Nixon fundamentally changed the prison system in America when he launched the “War on Drugs” in 1969, leading to a series of federal laws imposing harsh mandatory sentences on drug offenders. In an attempt to shield children from drugs, New Jersey followed other states in passing a “drug-free school zone” statute. The statute imposed harsh mandatory minimum sentences for all drug offenders arrested within 1,000 feet of schools, regardless of whether children were involved. This law has had a disparate impact on minorities in New Jersey, who disproportionately populate urban communities that happen to be located within all-encompassing ...


City Court, City Of Rochester, People V. Griswold, James Dougherty 2014 Touro College Jacob D. Fuchsberg Law Center

City Court, City Of Rochester, People V. Griswold, James Dougherty

Touro Law Review

No abstract provided.


Betting On State Equality: How The Expanded Equal Sovereignty Doctrine Applies To The Commerce Clause And Signals The Demise Of The Professional And Amateur Sports Protection Act, Michael Welsh 2014 Boston College Law School

Betting On State Equality: How The Expanded Equal Sovereignty Doctrine Applies To The Commerce Clause And Signals The Demise Of The Professional And Amateur Sports Protection Act, Michael Welsh

Boston College Law Review

In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby County v. Holder, the Supreme Court broadened the doctrine’s scope, holding that the doctrine applied to all disparate treatment of states. As such, the revived equal sovereignty doctrine leaves federal statutes—such as the Professional and Amateur Sports Protection Act (“PASPA”), which prohibits state-sanctioned casino sports gambling in ...


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