Law Commons^™

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.

Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry

All Faculty Scholarship

This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...

The Impact Of Covid-19 On The Halal Economy: A Bibliometric Approach, Nisful Laila, Aam Slamet Rusydiana, Aisyah Assalafiyah

Library Philosophy and Practice (e-journal)

This study aims to determine the map of the development of research on the halal economy's theme during the COVID-19 pandemic published by digital object identifier-equipped journals. The study was conducted in November 2020. The data analyzed were more than 200 published papers. The object of the study is a published journal in 2020. The data is then processed and analyzed using the VOSviewer application program to determine halal economic research development's bibliometric mapping. The results showed halal finance, halal banking, halal philanthropy, and halal food were the most popular topics used. The research development map of this ...

Lawyers Response To Covid-19 Infodemic On Social Media, Jibran Jamshed

Library Philosophy and Practice (e-journal)

Objectives: The primary objective of this study is to examine and analyze the skills and practices of lawyers in response to the misinformation/Infodemic of COVID-19 on Social Media platforms.

Research Methodology: In this quantitative study an online survey was conducted among lawyers in Pakistan. The population of the study was made up of practicing lawyers from different District Bar Associations in Pakistan. A questionnaire was distributed to collect data regarding demographic information, use of social media, response to misinformation about COVID-19 on social media and to identify the methods employed by lawyers to check the authenticity of such information ...

2021 Commencement Ceremony, Golden Gate University School Of Law

Commencement

The 2021 Commencement Program is attached.

Othering Across Borders, Steven Arrigg Koh

Duke Law Journal Online

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.

The Annotated Accessible Canada Act - Complete Text, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry

Law Publications

An accessible MS Word version of this document as well as related tables are available for download at the bottom of this screen under "Additional files".

The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.

As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution ...

Taking Stock Of Chapter 11, David A. Skeel Jr.

Faculty Scholarship at Penn Law

In this Essay, written for a symposium honoring Sam Gerdano, I offer an assessment of current Chapter 11 theory and practice. The most distinctive feature of current Chapter 11 practice is the extent to which the parties now enter into intercreditor agreements, restructuring support agreements and other actual contracts governing their rights and responsibilities. One question raised by the dramatic shift in bankruptcy practice is whether the leading normative theory of bankruptcy, the Creditors’ Bargain Theory, is now obsolete, as some scholars have suggested. The Creditors’ Bargain Theory explains bankruptcy as a solution to coordination problems that might lead to ...

Not That Bad: Lessons Women Learn In A Rape Culture, Sydney J. Selman

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape culture, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture trivializes ...

Mmu: 05/10/21–05/16/21, Notre Dame Law School, Student Bar Association

Monday Morning Update

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Crossings and Grubhub Partnership
• CDO Announcements
• 3Ls - Verify your information for Commencement
• Study Rooms
• SBA Store
• Mass Schedule
• Free Study Lunch! May 10 to May 12
• Last Day of Classes, May 11
• Reading Days, May 12 and May 13

Resources and Updates

• Legal Writing Center
• Prepare to Practice Consultations
• The Current Students Section of the NDLS Website
• Health & Wellness Information
• NDLS News Recommendations
• SBA Dropbox
• COVID Corner

A Message from the Editor

1L of the Week: Julia Fissore-O'Leary

3LOL: Sofia Skok

Senior Day 2021, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 7, 2021 University of Michigan Law School Senior Day.

Probable Cause And Performing "For The People", Irene Oritseweyinmi Joe

Duke Law Journal Online

The summer of 2020 presented the American public with two very different versions of how a state’s top prosecutor might respond to excessive use of force by law enforcement. In Kentucky, Attorney General Daniel Cameron was criticized for his conduct after stories emerged of his biased presentation to a grand jury contemplating whether officers should face criminal charges for killing an unarmed person, Breonna Taylor, in her own home. In Minnesota, Attorney General Keith Ellison proved to be less controversial as public sentiment emphasized his willingness to pursue the type of justice that the public demanded against all of ...

Motorcycle Fatality Rates Due To Head Injuries Are Lower In States With Helmet Laws, Mary E. Helander

Lerner Center for Public Health Promotion: Population Health Research Brief Series

There are over 4,500 motorcycle crash fatalities per year in the U.S., on average. Roughly 37% of those deaths involve head injuries. Motorcycle helmet laws reduce fatalities, serious cognitive disabilities, and social costs. Yet many states have no helmet laws. This data slice shows that from 1999 to 2019, states with helmet laws had a 33% lower head-related fatality rate compared to states without helmet laws. Motorcycle helmet laws clearly save lives.

Democracy Is Fragile: Extreme Partisan Polarization Has Become Rampant In The World, Suzin Win

GGU Law Review Blog

The status of democracy once seemed irrelevant in discussions of government in the United States and other long-established democracies. However, with the rise of extreme partisan polarization and the contempt that each party shows for the other, maintaining constitutional democracy is now a major concern for people in America. There is no longer any ideological overlap between the most conservative Democrats and the most liberal Republicans. In the words of Professor Daryl J. Levinson and Professor Richard H. Pildes of NYU School of Law, the “separation of powers” has been replaced by a “separation of parties.” The actions of the ...

Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act, Arturo Nava

Duke Journal of Constitutional Law & Public Policy Sidebar

In Brnovich, the Court will determine whether Arizona’s out-of-precinct (OOP) policy and its ballot-collection law violate Section 2 of the VRA. The Ninth Circuit held that both voting provisions violate Section 2. The Supreme Court should affirm the Ninth Circuit’s decision, invoking the Section 2 Results Test adopted by multiple circuits, and find that a fact-specific inquiry should be preserved in assessing vote-denial claims. At a minimum, the Court should avoid establishing a bright-line rule as proposed by critics of the Section 2 Results Test. Such a rigid rule runs the risk of masking the nuances that the ...

Mmu: 05/03/21–05/09/21, Notre Dame Law School, Student Bar Association

Monday Morning Update

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Crossings and Grubhub Partnership
• CDO Announcements
• SBA Store
• Mass Schedule
• The Rise of Anti-Asian Violence: Taking a Stand
• Free Snacks! Provided by the International and Graduate Programs
• Graciela Olivarez Award
• Building an Anti-Racist Vocabulary: "Student Activism and Racial Justice"

Resources and Updates

• Legal Writing Center
• Prepare to Practice Consultations
• The Current Students Section of the NDLS Website
• Health & Wellness Information
• NDLS News Recommendations
• SBA Dropbox
• COVID Corner

A Message from the Editor

1L of the Week: Tom Haracz

3LOL: Razi Lane

Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall

Senior Honors Theses

This study proposes a framework of viewing the competition between governments to attract businesses into their jurisdiction as a competitive market. Literature is reviewed on the market forces and incentives of businesses and governments in location decisions. A possible gap in the literature of quantifying the price elasticity of competition between national governments for business activity is identified. OECD data is analyzed using equations supported by literature and results are evaluated to better understand the elasticity of international location decisions. The results of this study indicate that elasticity varies widely between countries, and countries with smaller economies may face more ...

A Suggested Revision Of The 2020 Vertical Merger Guidelines (May 2, 2021), Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The DOJ/ FTC Vertical Merger Guidelines (VMGs) were adopted by the FTC in June 2020 by a party-line 3-2 party line over the dissent of the Acting Chair. One might expect that the VMGs will be withdrawn and/or revised once a Democratic majority is achieved. In my view, revision is appropriate because the VMGs are both incomplete and overly permissible. This Suggested Revision can aid that process. Rather than trying to start with the current draft, this draft begins on a clean sheet. However, it has been formulated with an eye towards the problems with the current VMGs and ...

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...

Gain Or Loss Of Foreign Persons From Sale Or Exchange Of Partnership Interests, Alan Appel

Articles & Chapters

No abstract provided.

Making Regulation Robust In The Innovation Era, Cristie Ford

Faculty Publications

The next few years in regulatory history will be pivotal.

On one hand, we are witnessing renewed interest in robust state action in the economy and society. Battered by a poorly managed global pandemic and the undeniable persistence of racism and discrimination; terrified about the consequences of climate change; having suffered through years of political tumult and populist anger following a disastrous financial crisis; and having recognized once again that there is more to a person’s value than their economic productivity – it seems clear that over recent decades, public policy swung too far away from the humane, collective, and ...

Truth Commissions And Reparations: A Framework For Post-Conflict Justice In Argentina, Chile Guatemala, And Peru, Anthony Chen

Honors Theses (PPE)

This paper seeks to gauge the effectiveness of truth commissions and their links to creating material reparations programs through two central questions. First, are truth commissions an effective way to achieve justice after periods of conflict marked by mass or systemic human rights abuses by the government or guerilla groups? Second, do truth commissions provide a pathway to material reparations programs for victims of these abuses? It will outline the conceptual basis behind truth commissions, material reparations, and transitional justice. It will then engage in case studies and a comparative analysis of truth commissions and material reparations programs in four ...

On The Cusp Of The Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.

Faculty Publications

Medical malpractice claims are dwindling. Total payouts are far lower than during the 2002 crisis. Yet, insurance industry profits have been sinking for a decade and are nearly in the red. After a dozen years with a “soft” insurance market, we are now on the cusp of yet another malpractice insurance crisis.

How can profits be in peril if claims have dwindled and payouts are historically low?
Answering that question requires an understanding of the insurance cycle. The cycle periodically transforms gradual increases in costs and gradual decreases in revenue into explosive increases in premiums.

The industry’s financial statistics ...

Repurposing Pillar One Into An Incremental Global Tax For Sustainability: Some Blue Sky Thinking In The Midst Of Global Crisis, Jinyan Li, Sophie Chatel

Articles & Book Chapters

In this article, the authors make a case for repurposing the OECD Pillar One from a mechanism for reallocating taxing rights to a global tax on the largest and most profitable MNEs’ market-based profits. Such global tax would have the hybrid features of a net-basis corporate income tax and a turnover-basis digital services tax through a conversion formula that ensures a low-rate DST on sales can replicate a higher rate CIT on a country’s share of the profit determined using under the formulary allocation method. More importantly, the authors instill a common purpose of the international tax consensus – to ...

Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro

Senior Honors Projects

Section 230 of the Communications Decency Act (CDA), has for over two decades provided “interactive computer services” a legal liability shield for defamatory or otherwise actionable user-generated content posted on their platforms and, for lawsuits stemming over unequal enforcement of their content policies provided enforcement efforts are taken in “good faith.” This law, passed in the early days of the Internet, incubated the Internet and social media, giving it the regulatory freedom it needed to grow into a platform where hundreds of millions of Americans can exchange ideas and engage in political and social discourse. Yet, for all the good ...

Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff

Educational Administration: Theses, Dissertations, and Student Research

#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research ...

Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson

Senior Honors Projects

The United States is no stranger to asylum seekers and refugees. The most famous seaport in the country houses a 305-foot-tall statue of a woman bearing a torch with words from the poem The New Colossus by Emma Lazarus etched at her feet: “‘Give me your tired, your poor, /Your huddled masses yearning to breathe free.’”^[1] The Statue of Liberty is a symbolic representation of open arms to immigrants from all walks of life. But if everyone is welcome, why do so few actually gain entrance?

US interventionism policies in the 20th century have defined the lives of millions ...

United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges, Albert Barkan

Duke Journal of Constitutional Law & Public Policy Sidebar

Article II of the United States Constitution details the methods by which presidential subordinate officers must be appointed. Despite its presence in the Constitution’s original text, the Appointments Clause remains ambiguous. The Clause provides different appointment processes for principal and “inferior officers,” but does not distinguish between these officers’ functions. In United States v. Arthrex, Inc., the Supreme Court must clarify the relationship between an Executive officer’s responsibilities and their appointment process.

Immigration Law, Emily Nair

Anthropology & Sociology Student Work

This study explores the educational and work experiences of immigration lawyers. Areas to be explored in interviews include typical academic paths, the challenges immigration lawyers commonly face in practicing immigration law, and the ways they manage them. Recent literature suggests that immigration lawyers encounter many ethical challenges in their work and have increased rates of burnout. (Markham, 2020) Immigration policies present their own challenges with assisting clients, and recent COVID restrictions have added to these existing issues in the immigration system. A snowball technique is used to locate study participants, and interview data will be obtained using zoom. This study ...

Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law

GGU Law Review Blog

Imagine a world where a king could compel the search of anybody, anywhere, and for anything. This world inspired James Madison to draft the Fourth Amendment, and is also a world we are returning to. The Fourth Amendment was created to protect against indiscriminate general warrants used in Georgian England, which subjected colonists to unrestricted invasions of privacy. Today, these general warrants come with a new name and in a new form: geofence warrants. Geofence warrants permit law enforcement to obtain the location data of every person that was in a specific geographic area where a crime occurred, in an ...