Law Commons^™

Necessary But Not Sufficient: Standardized Mechanisms For Privacy Notice And Choice, Lorrie Faith Cranor

Colorado Technology Law Journal

No abstract provided.

Signaling Exhaustion And Perfect Exclusion, Lior Jacob Strahilevitz

Colorado Technology Law Journal

No abstract provided.

Browser Enhancer Detection By Employers And Insurance Companies, Kendria Alt

Colorado Technology Law Journal

No abstract provided.

What's Said In This Locker Room, Stays In This Locker Room: Restricting The Social Media Use Of Collegiate Athletes And The Implications For Their Institutions, Zak Brown

Colorado Technology Law Journal

No abstract provided.

Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron

St. Mary's Law Journal

Abstract Forthcoming.

A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock

St. Mary's Law Journal

Abstract Forthcoming.

Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code., Elizabeth R. Kopecki

St. Mary's Law Journal

The State of Texas permits independent executors to operate with minimal court supervision. This allows executors to administer an estate with as little cost and delay as possible. Sometimes executors abuse this limited supervision and fail to manage estates properly. Fortunately, there are particular circumstances outlined in the Texas Probate Code which allow courts to step in and remove these harmful executors. Since the adoption of section 149C to the Texas Probate Code, grounds for removal have remained relatively specific. Recently, the legislature has added a new ground: “material conflict of interest.” Though no bright-line rule exists, there is precedent …

Shadow Works And Shadow Markets: How Privatization Of Welfare Services Produces An Alternative Market, Bridgette Baldwin

Faculty Scholarship

The Author attempts to fuse Ivan Illich’s misplaced ideas of gender roles with how privatization of welfare services has legitimized a shadow economy and work through mandated community service jobs. The Article provides a historical perspective of how social services were handled, leading to the current cost/benefit legacy of welfare privatization utilized by the Wisconsin Works program (W-2). Wisconsin’s program requires women recipients to engage in volunteer work, creating a subsidized labor force for private agencies based on the presumption that work, even meaningless and menial tasks, establishes job-readiness for women on welfare. The Author suggests that we need to …

The Airline Deregulation Act And Preemption - Determining Whether Curbside Baggage Check Has A Significant Impact Upon A Carrier, Lorelee Dodge

Journal of Air Law and Commerce

No abstract provided.

Flying With Blinders On - The District Of Columbia Circuit Allows Tsa To Ignore Evidence Unfavorable To Its Financial Interests, Allyn E. Hurley

Journal of Air Law and Commerce

No abstract provided.

Employment Law - The Fifth Circuit's Shaky Landing Prohibits A Hostile Work Environment Claim Under Userra For Pilots With Military Obligations, Jennifer Staton

Journal of Air Law and Commerce

No abstract provided.

Keep Your Hands Off My Nuts - Airlines, Peanut Allergies, And The Law, John G. Browning

Journal of Air Law and Commerce

No abstract provided.

Get Off My Plane: The Need For Extreme Deference To Captains And Crews On International Flights Under The Tokyo Convention Of 1963, Jordan Campbell

Journal of Air Law and Commerce

No abstract provided.

The Legal Consequences Of Undisclosed Medical Conditions On Aircraft Operator Liability, Douglas H. Amster

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law - 2011, Will S. Skinner, Matthew S. Mchale

Journal of Air Law and Commerce

No abstract provided.

Remembering How To Fly: How New Pilot Training Requirements May Do More Harm Than Good, Jane Cherry

Journal of Air Law and Commerce

No abstract provided.

Drones In The National Airspace, Timothy T. Takahashi

Journal of Air Law and Commerce

No abstract provided.

Tribute To Elouise Cobell, Dennis Gingold, M. Alexander Pearl

Faculty Articles

Cobell v. Salazar, the landmark class-action case, and its settlement arise out of a painful period in American history. For more than a century, the government's abuse of individual Indian trust beneficiaries has been documented in various government reports and has been debated in Congress, but nothing that Congress did or said stopped egregious breaches of trust committed by the executive branch. The United States Court of Appeals for the D.C. Circuit noted that "[t]he General Accounting Office, Interior Department Inspector General, and Office of Management and Budget, among others, have all condemned the mismanagement of the Individual Indian Money …

Change We Can't Believe In ... Or Afford: Why The Timing Is Wrong To Reduce The Estate Tax On The Wealthiest Americans, Phyllis C. Taite

Faculty Articles

At the end of the year 2008 the United States was in the midst of an economic storm. The country started going through its worst financial state since the Great Depression. Historically, transfer taxes were instated specifically to raise revenue during the country’s financial time of need. The temporary repeal during the 2010 tax year occurred during a time when the country was experiencing an economic storm, a time when the country could least afford to forego the additional revenue. Consequently, the timing of the temporary repeal was in direct contradiction to the original purpose of the estate tax. While …

Direct And Indirect U.S. Government Debt, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Introduction: Special Issue On Law, Kenneth Lasson

All Faculty Scholarship

Just as ensuring civil liberties for all requires eternal vigilance, so combating antisemitism is a never-ending quest. But the continuous monitoring of antisemitic incidents—a critical exercise that this journal painstakingly reflects in its “Antisemitica” feature—is merely the beginning of the everlasting effort to limit them. Bigotry comes in many guises and is a constantly evolving target, exposing the limitations of law and the frustrations of justice.

Thus, even in civilized societies where equality under the law is a guiding principle, legal remedies for discrimination are insufficient in and of themselves. They must be accompanied by purposeful good-will and a firm …

Shadow Banking, Financial Markets, And The Real Estate Sector, Steven L. Schwarcz

Faculty Scholarship

This is a relatively brief “firestarter” talk prepared by the author for the World Economic Forum’s Industry Partnership Strategists Meeting 2012 (held on October 3, 2012) on transformation of the real estate sector in light of ongoing shifts in the financial markets and broader global trends.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Ptsd And Women Warriors: Causes, Controls, And A Congressional Cure, Olympia Duhart

Cardozo Journal of Equal Rights & Social Justice

The article argues that the combat exclusion policy for women in the U.S. military contributes to higher rates of PTSD among female veterans and perpetuates gender-based discrimination. It asserts that this policy is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment and advocates for its repeal to improve mental health outcomes and promote gender equality in the military.

To Be Or Not To Be (A Parent)? - Not Precisely The Question: The Frozen Embryo Dispute, Yehezkel Margalit

Cardozo Journal of Equal Rights & Social Justice

The article explores the legal and ethical complexities surrounding disputes over frozen embryos, particularly focusing on the balance between the right to become a parent and the right to avoid parenthood. It examines the legal status of frozen embryos and proposes a compromise solution where the objecting spouse is granted nonparenthood status, allowing the other partner to use the embryos without imposing parenthood on the unwilling party. The analysis emphasizes the importance of legal parenthood for societal welfare and the challenges posed by evolving reproductive technologies.

Advancing A Surrogate-Focused Model Of Gestational Surrogacy Contracts, Catherine London

Cardozo Journal of Equal Rights & Social Justice

The article examines the ethical, legal, and feminist implications of commercial surrogacy, arguing that the practice raises significant concerns about the commodification and exploitation of women and children. It critiques the current legal framework for its inconsistency and paternalistic approach, which often restricts women's reproductive freedom. The analysis advocates for a surrogate-focused contract model to address these issues, emphasizing the need to empower surrogates by granting them greater autonomy and bargaining power in surrogacy arrangements. This approach aims to balance the interests of all parties while minimizing the risk of exploitation.

"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer

Cardozo Journal of Equal Rights & Social Justice

The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …

Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Convenient Scapegoats: Juvenile Confessions And Exculpatory Dna In Cook County, Illinois, Joshua A. Tepfer, Craig M. Cooley, Tara Thompson

Cardozo Journal of Equal Rights & Social Justice

The article examines the pervasive issue of false confessions, particularly among juveniles and mentally challenged individuals, which often lead to wrongful convictions. It underscores the critical role of DNA evidence in exonerating the innocent and highlights the need for systemic reforms in police interrogation practices and prosecutorial oversight. The analysis emphasizes the importance of transparency in evidence handling and the implementation of policies to prevent future injustices.