Law Commons^™

Daca’S Stratified Tracks For Economic Mobility And Lessons For Addressing Immigrants’ Long-Term Inequality, Els De Graauw, Shannon Gleeson

UC Law Journal

Since 2012, the politically tenuous Deferred Action for Childhood Arrivals (DACA) program has provided temporary deportation relief and work authorization to over eight hundred thirty-five thousand undocumented young people who fit certain criteria. This Essay draws on one hundred fifteen interviews with DACA applicants in California, New York, and Texas during the heyday of the program to better understand its impacts on recipients’ school and work experiences. We confirm many of the key benefits DACA status has provided to recipients, notably opening doors for them educationally and professionally.

However, our research also confirms DACA’s uneven impacts. Those without four-year college …

The Racial Triangulation Of Asian American Achievement, Vinay Harpalani

UC Law Journal

This Essay employs Professor Claire Jean Kim’s racial triangulation framework to examine how Asian Americans are racialized via academic achievement. It argues that there are two components to the racial triangulation of Asian American achievement. On one hand, Asian Americans are valorized as a “model minority”. We are praised for our achievement and cast as a model for other groups of people of color to follow. This ignores both the different histories of oppression that various groups of color have faced and the vast diversity of experiences among Asian Americans. But on the other hand, Asian Americans are also viewed …

Artificial Intelligence And Administrative Justice: An Analysis Of Predictive Justice In France, Zouhaier Nouri, Walid Ben Salah, Nayel Al Omrane

All Works

This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, …

A Nuremberg Woman And The Hague Academy, Diane Marie Amann

Scholarly Works

This article, which forms part of the journal's special review series marking the centenary of the Hague Academy of International Law, draws from the author's ongoing research into the roles that lawyers and other women professionals played at post-World War II trials. The article focuses on the life of one “Nuremberg woman,” Dr. Aline Chalufour, who attended the Academy in 1937 and again in 1957. In between, she worked in what is now Vietnam as a colonial schoolteacher, in Canada as a Free French propagandist for de Gaulle, at Nuremberg and Hamburg as a war crimes prosecutor, and in France …

Effortless Mindfulness Toolkit: Easy Meditation Scripts To Begin Each Class., Brett Whysel

Open Educational Resources

The Effortless Mindfulness in the Classroom Toolkit is an open educational resource designed to create happier classrooms, boost student engagement, and foster a sense of community through brief, effective mindfulness exercises. This comprehensive toolkit provides educators with everything they need to seamlessly integrate mindfulness practices into their teaching routines, regardless of prior experience. The toolkit includes introductory slides, 15 ready-to-use meditation scripts, and accompanying audio recordings, covering a variety of mindfulness techniques such as focused breathing, body scans, and loving-kindness meditations. Each meditation is paired with a reflective prompt to deepen student engagement and reinforce the benefits of mindfulness. Additionally, …

Consultation Versus Direct Special Education Services And Postschool Outcomes For Individuals With Disabilities As Assessed By Indicator 14 Data, Callie Welch

Electronic Theses and Dissertations

There is abundant research relating to transition supports and services for students with disabilities as they move out of high school into adulthood; however, relatively little is known about the relationship between the type of special education services they received and their postschool outcomes. Guided by the Social Cognitive Career Theory (SCCT) and Tennessee’s Indicator 14 survey, I sought to better understand the relationship between the type of special education services received in high school and student further schooling or employability after graduation. Data were drawn from Indicator 14 surveys from 2021 and 2024 conducted by a rural school district …

Stigma Reduction And Resiliency Training For First Responders (Srrt-Fr): A Feasibility And Initial Efficacy Evaluation, Thalia P. Nicholson

Electronic Theses and Dissertations

First responders, especially law enforcement, frequently encounter individuals experiencing substance use concerns. Previous research has documented that a greater understanding of substance use disorders promotes a decrease in stigmatizing perspectives. We present a novel approach to training law enforcement officers to improve their interactions with community members exhibiting substance use disorders, while also promoting their professional well-being. The present study sought to evaluate the feasibility and acceptability of the Stigma Reduction and Resiliency Training for First Responders (SRRT-FR) in a sample of law enforcement officers, as well as its efficacy in decreasing stigmatizing perspectives towards substance use disorders and increasing …

Bizindan Miinawa (Listen Again), Matthew L.M. Fletcher

Articles

Johnson v. McIntosh was as fake as John Wayne’s teeth. That one was a property dispute, remember? Two wealthy, privileged, and powerful white people squared off over thousands of acres of land acquired from Indigenous nations who called the vast valley of Eagle River home. On one side, you had a former United States Supreme Court Justice; on the other, you had a wealthy political benefactor/beneficiary. No tribal nations or Indigenous peoples to be seen or heard from. And of course, the competing property claims at issue barely overlapped, if at all, thanks to stipulations of the parties at the …

Managing Medicaid Managed Care, Lance Plunkett Jd, Llm

The New York State Dental Journal

There is a system in place to ensure Medicaid managed care organizations operate properly. How effective these controls are is a different issue.

N Y State Dent J August-September 2024

The New York State Dental Journal

In the August-September 2024 issue, the reader will find the following feature articles:

• Success of Implant Placement in Patients with Human Immunodeficiency Virus
• Effects of Mandatory COVID-19 Testing Policy on No-Show Rates for Aerosol-Generating Procedures
• Heterotopic Bone Formation after TMJ Surgery
• Rural Oral Health Access Disparities in New York State

This issue includes regular columns with regional news impacting the New York membership including editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

A Sorry Situation, Chester J. Gary Dds, Jd

The New York State Dental Journal

Doing the right thing and apologizing to a patient for an adverse treatment outcome can, but shouldn't, increase a dentist's liability.

Chancery Court Declares Corwin Unavailable To Defend Against Unocal Claim For Injunctive Relief, Robert S. Reder, Kathleen E. Sharkey

Vanderbilt Law School Faculty Publications

In Corwin v. KKR Financial Holdings LLC, 125 A.3d 304 (Del.2015) ("Corwin"), the Delaware Supreme Court ruled that "a fully informed, uncoerced vote of a majority of the company's disinterested stockholders" precludes application of the fact-based enhanced scrutiny standard of review under Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986) ("Revlon"). See In re Edgio, Inc. Shareholders Litigation, C.A. No. 2022-0624, 2023 WL 3167648, at *10 (Del. Ch. May 1, 2023) ("Edgio"). Because application of Corwin "restore[s] business judgment review," alleged breaches of so-called Revlon duties by corporate directors effectively are "cleansed" by a qualifying …

Chancery Court Demonstrates Willingness To Apply Context-Specific Tests In Assessing Challenges To Advance Notice Bylaws, Robert S. Reder, Noah Nance

Vanderbilt Law School Faculty Publications

It is well established," under Delaware law, "that stockholders have a fundamental right to 'vote for the directors that the s[tock]holder[s] want [] to oversee the firm.'" Sternlicht v. Hernandez, 2023 WL 3991642 (Del. Ch. June 14, 2023) ("Sternlicht"). Moreover, "[s]ubsumed within that fundamental right to vote is the right to nom- inate a competing slate." Despite this recognition, the Delaware Gen- eral Corporation Law "is silent as to how a stockholder may propose a nominee for election." Strategic Inv. Opportunities LLC v. Lee Enters., Inc., 2022 WL 453607 (Del. Ch. Feb. 14, 2022) ("Strategic Investment Opportunities"). "[T]o fill this …

Women's Equality Day, Wolf Law Library, William & Mary Law School

Library Book Displays

On display in the Wolf Law Library August 2024 - January 2025.

Crypto Losses, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

The crypto industry has been hit hard with various market forces and scams, leaving investors with trillion-dollar losses in recent years. The appropriate tax treatment of such losses has yet to be fully examined, as there is scant guidance and a dearth of academic literature on the subject. This Article attempts to fill this gap by applying general tax principles to crypto losses and making several recommendations to improve the clarity and consistency of tax results. It explores various theories of crypto loss “realization” (including theft, abandonment, and worthlessness), highlighting where additional guidance is needed. And it considers appropriate legislative …

Sidestepping Substance: How Administrative Law Plays An Outsized Role In Shaping Environmental Policy And Why Recalibration Is Necessary, Sanne H. Knudsen

Articles

Administrative law and environmental law are companion fields. Still, they are not interchangeable. They promote different values. And yet, sometimes when courts resolve environmental disputes by relying on administrative doctrines, courts elevate the values of administrative law over those codified in environmental statutes. This is particularly concerning when courts rely on judicially-created administrative law doctrines to sidestep congressional intent as expressed by the substantive aims of environmental statutes.

To reduce the risk of sidestepping—whether inadvertent or intentional—this Article critically examines how administrative law doctrines can undermine environmental law. Drawing on prominent case examples, including the Supreme Court decision in Sackett …

Hold Tightly To The Human Touch, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In this editorial, Dr. Dziurgot reflects on the diminishing human interaction in various services, from ordering food to medical appointments. The editorial emphasizes the importance of maintaining personal communication in dentistry, arguing that patient care should remain personalized and compassionate. The author reminisces about the personalized service of the past, stressing the need for dentists to engage directly with patients, understand their unique needs, and provide a welcoming environment. The piece calls for a return to human touch in professional practices, despite the convenience of modern technology.

Mda At Your Service: My License Expired, And I’M Overwhelmed, Kristin Johnson Dds

The Journal of the Michigan Dental Association

The Michigan Public Health Code allows a 60-day grace period for license renewal with late fees and CE requirements. For health insurance options, MDA Insurance provides assistance and quotes. Attend the MDA Health Insurance Seminar on Oct. 25 for more insights. Engage in organized dentistry via local society meetings, the MDA Leadership Forum, and the LEAD Program. MDA Insurance offers Medicare support, including educational events on Sept. 13 and 27. For more details, contact relevant MDA representatives.

The New Professional: Mastering Those Awkward Moments With Patients, Amrita Patel Dds

The Journal of the Michigan Dental Association

Navigating awkward moments in a dental office is essential for positive patient experiences. Establish rapport with patients, use active listening, and avoid jargon. Prepare for common scenarios, communicate clearly, and address fears. Stay calm with difficult questions and provide honest answers. Train staff through role-play and feedback, and cultivate a positive, empathetic environment. Regularly solicit patient feedback to improve. These strategies ensure patients feel valued and supported.

Mda Insurance: At Last – A Guaranteed Issue Life Insurance Policy That Can Help Pay For Catastrophic Care, Craig Start

The Journal of the Michigan Dental Association

Families face tough caregiving decisions due to high custodial care costs, often resulting in financial and emotional strain. MDA Insurance offers an affordable whole life insurance policy with a catastrophic loss rider, providing $2,000 monthly for up to 12 months for those unable to perform daily living activities. This policy, issued by Boston Mutual Life Insurance, is available on a guaranteed-issue basis and accumulates cash value. Apply by Aug. 30 for an Oct. 1 effective date. Contact MDA Insurance for more information.

J Mich Dent Assoc August 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists.

In the August 2024 issue, the Journal focuses on the 2024 Mission of Mercy event held in Flint Original content includes:

• A cover story on the MOM

• A feature article on Locum Tenens Dentists

• A New Professional Column

• News You Need, an editorial, and regular department articles covering MDA Foundation activities, MDA Services, Dentistry and the Law, and Staff Matters.

Additional feature article …

Mda Foundation Mission Of Mercy: Transforming Lives, Relieving Pain, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation's Mission of Mercy (MOM) dental clinic in Flint provided free dental care to 659 patients over June 14-15, delivering 6,678 procedures valued at $1,156,285. The 120-chair clinic, set up by volunteers, saw patients from 35 Michigan counties and neighboring states. Patients, many of whom queued overnight, received an average of ten procedures each. Volunteers, including retired dentists, performed a wide range of services, from cleanings to complex surgeries. Translators were available to assist non-English speakers, and patients were informed about ongoing free or reduced-cost care options. The event, supported by local donations and community services, will continue …

Staff Matters: Assessing Health Benefits For Lgbtq+ Employees, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

To support LGBTQ+ employees, understand your health benefits by asking key questions about domestic partner coverage, mental health benefits, transgender healthcare, IVF, and surrogacy coverage, and identifying LGBTQ+-friendly providers. Regularly check in with staff to ensure benefits meet their needs and consider making changes if necessary. Proactively share benefit information throughout the year to enhance employee recruitment, retention, and engagement.

On Critical Geneaology, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …

Findings Of Research Studies On Reading Comprehension Between Digital And Print Formats: Implications For The Nextgen Bar Exam, Lindsay E. Koso

Law Faculty Scholarship

No abstract provided.

Human Trafficking Screening Tools Amongst Migrants And Refugees: Current Tools And Future Outlooks, Audra Fox

Student Theses

While various human trafficking screening tools exist to help stakeholders identify indicators and risk of trafficking, few tools are designed specifically for use amongst migrants and refugees. Via interviews with anti-trafficking stakeholders, the following qualitative study describes what tools stakeholders currently use to asses trafficking amongst migrants and refugee, and if stakeholders desire a new tool specific for migrant/refugee populations. Thematic results indicate that most stakeholders are not using validated tools for trafficking victims, let alone migrants and refugees (n=5, 38.5%). Of the total sample, 62% of participants (n=8) reported various screening discrepancies across stakeholders. Additionally, …

[Proposed] Brief Of Amici Curiae Professors William Araiza, Jeffrey Lubbers, And Peter M. Shane In Support Of Defendant's Opposition To Plaintiff's Motion For Stay Of Effective Date And For Preliminary Injunction, Jeffrey Lubbers, William Araiza, Peter M. Shane

Amicus Briefs & Court Filings

Amici are law professors who teach and write in the fields of administrative law and statutory interpretation. Amicus William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School. Amicus Jeffrey Lubbers is Professor of Practice in Administrative Law at American University, Washington College of Law. Amicus Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University, Moritz College of Law.

Amici have a strong interest in the sound development of administrative law in the federal courts and are submitting this brief because of the importance …

Table Of Contents - Cardozo Law Review, Volume 45, Issue 6

Cardozo Law Review

No abstract provided.

Dentistry And The Law: Don’T Overlook Corporate Transparency Act Compliance, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Under the Corporate Transparency Act (CTA), entities existing as of January 1, 2024, must report beneficial ownership to FinCEN by December 31, 2024. Beneficial owners include those with 25% ownership or substantial control. Required information includes legal name, birthdate, address, and ID details. Non-compliance can result in severe civil and criminal penalties. Exceptions may apply for tax-exempt entities and large companies. Legal challenges to the CTA are ongoing, but compliance is advised.

Locum Tenens Dentists: You May Need One, Or You May Be One, Angie Kanazeh

The Journal of the Michigan Dental Association

Locum tenens dentists temporarily fulfill the duties of an absent or short-staffed dentist. This practice is beneficial for both hiring dentists and those serving as locum tenens. For hiring dentists, considerations include ensuring the locum tenens dentist is properly licensed, credentialed with insurance networks, and adequately insured. For locum tenens dentists, benefits include flexible schedules, diverse experiences, networking opportunities, and potential higher earnings. Both parties should have clear agreements and consult with healthcare attorneys. The demand for locum tenens dentists is growing, offering valuable support in the dental community.