Law Commons^™

We Cannot Police Systemic Racism And Systemic Poverty: Why Policing Is Not A Solution To Our Public Health Crisis, Semir Bulle

Utah Law Review

From drug addiction to issues with homelessness, the mental health crisis, community disputes, traffic violations and more, there does not seem to be any evidence that increased police budgets and spending are the best use of limited resources. Criminalization in substitution for measured and targeted interventions has not worked in structurally vulnerable and marginalized communities and it is far past the time to accept tangible alternatives, such as funding initiatives like TCCS. Instead of perpetually increasing our police budget, let’s instead invest in healing our communities. Let’s invest this money in education, recreation, childcare, housing, health; measures that are proven …

E-Rate Program Expansion: A Pathway To Combating Cybersecurity Attacks In K-12 Schools, Madeline Strasser J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

Every day, a K-12 school in the United States falls victim to a harmful cyberattack that can cost it millions of dollars and keep its doors closed for days or weeks. Schools are desperate for funding to purchase essential cybersecurity services and products to protect their school’s networks from these cyberattacks. Such funding should be available through the Federal Communications Commission’s (FCC) E-Rate program, which was established as part of the Telecommunications Act of 1996 to provide discounts for connectivity services in K-12 schools across the country. During the COVID-19 pandemic, schools and other telecommunications industry stakeholders submitted petitions asking …

Justice Is Not A Game: The Devastating Racial Inequity Of Washington’S Three Strikes Law, Civil Rights Clinic At Seattle University School Of Law, Fred T. Korematsu Center For Law And Equality, Melissa Lee, Jessica Levin

Fred T. Korematsu Center for Law and Equality

Justice Is Not a Game: The Devastating Racial Inequity of Washington’s Three Strikes Law

Subjective Beliefs About Contract Enforceability, J. J. Prescott, Evan Starr

Articles

This article assesses the content, role, and adaptability of subjective beliefs about contract enforceability in the context of postemployment covenants not to compete (noncompetes). We demonstrate that employees tend to believe that even clearly unenforceable noncompetes are enforceable, including their own. We provide evidence for both supply- and demand-side stories that explain employees’ persistently inaccurate beliefs. Moreover, we show that believing that unenforceable noncompetes are enforceable likely causes employees to forgo better job opportunities and to perceive that their employer is more likely to sue them if they choose to compete. Finally, we use an information experiment to inform employees …

Outgoing Mda President Knudsen: ‘I Strongly Believe In The Mda!’, Eric Knudsen Dds

The Journal of the Michigan Dental Association

In his outgoing address, MDA President Knudsen expressed excitement about the association’s future and highlighted key achievements and challenges. He thanked his wife, staff, and interim executive director Bill Sullivan for their support, particularly after the sudden passing of Karen Burgess. Knudsen emphasized initiatives to improve rural dental care, restructure the finance department, and address insurance reimbursement issues. He praised the MDA’s advocacy efforts, including expanding Medicaid and legislative accomplishments. Knudsen concluded by welcoming new executive director John Tramontana and expressing confidence in MDA's continued success.

What You Should Know About Medicare (And How To Avoid Potential Medicare Traps), Rick Seely

The Journal of the Michigan Dental Association

Navigating Medicare is complex due to its numerous parts, rules, and potential penalties. For those turning 65, enrolling in Medicare can be daunting and mistakes can be costly. Working with a certified Medicare broker is recommended to ensure proper and timely enrollment. The article emphasizes understanding when to enroll, which parts of Medicare to choose based on individual circumstances, and common misconceptions. It also highlights the importance of supplemental coverage and the differences between Original Medicare and Medicare Advantage plans. MDA members have access to resources and brokers to aid in this transition.

Staff Matters: How Will The New Federal Earnings Threshold Impact Our Practice?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article addresses impending changes to overtime rules under the federal Fair Labor Standards Act (FLSA) and their implications for dental practices. The Department of Labor's recent updates on the minimum earning threshold for exempt employees necessitate adjustments in employment classifications. Starting July 1, 2024, the threshold will increase to $844 per week and subsequently rise every three years. Dental practices, including salaried employees like dental hygienists and management staff, must reassess classifications to ensure compliance. For affected employees, reclassification as non-exempt may be necessary, entailing eligibility for overtime pay. However, a hybrid approach—paying non-exempt employees a weekly salary while …

Mda Foundation: $110,000 Raised At Sparkling Smiles Event; Mini-Grant Awarded, Anne Berquist

The Journal of the Michigan Dental Association

The 2024 MDA Foundation’s Sparkling Smiles event raised a record-breaking $110,000, surpassing last year's total by $30,000. The Holland Free Dental Clinic received a $2,500 mini-grant. Keynote speaker Todd J. Duckett's address inspired generosity. The Foundation awarded $110,000 in grants this past year, including 12 scholarships totaling $31,000. The event featured a successful Wine Lotto and was supported by numerous sponsors.

Building A Unified Dental Team, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

Unity is essential for dental teams to function cohesively, especially post-COVID-19. Effective unity involves clear communication, shared goals, and trust among team members. Embracing diversity and respecting all cultures are crucial. Regular team meetings and activities, both on-site and off-site, help foster unity. Utilizing resources like DiSC® training can also enhance team cohesion.

Mda Insurance: Weave A Financial Safety Net To Protect Your Income Stream, Future, And Family, Craig Start

The Journal of the Michigan Dental Association

It's crucial to have a financial safety net, especially for small-business owners and parents, to protect against career-ending injury or illness. Key insurance policies include life insurance, disability income insurance, and business overhead expense insurance. Life insurance ensures financial support for your family, while disability insurance provides income if you cannot work. Business overhead insurance covers business expenses during your disability. Contact MDA Insurance for a consultation on these essential protections.

Gateway And Non-Gateway Issues In The Enforcement Of Agreements To Arbitrate, George A. Bermann

Faculty Scholarship

Far greater attention is given in literature on international arbitration to limitations on the enforceability of arbitral awards than on the enforceability of agreements to arbitrate. This chapter seeks to redress the balance. While rulings on the enforceability of an award is incontrovertibly within the jurisdiction of the court asked to enforce the award, authority to determine the enforceability of an arbitration agreement is allocated between courts and arbitral tribunals themselves. The chapter seeks to determine which defenses to enforcement of arbitration agreements may be lodged before a court ("gateway issues") and which are necessarily reserved to the tribunal ("non-gateway …

New Vision, Old Model: How The Ftc Exaggerated Harms When Rejecting Business Justifications For Noncompetes, Alan J. Meese

Faculty Publications

The Federal Trade Commission has rejected consumer welfare and the Rule of Reason—standards that drove antitrust for 50 years—in favor of a “NeoBrandeisian” vision. This approach seeks to enhance democracy by condemning abuses of corporate power that restrict the autonomy of employees and consumers, regardless of impact on prices or wages. Pursuing this agenda, the Commission has proposed banning all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the FTC Act.

The Notice of Proposed Rulemaking (“NPRM”) articulating the Commission’s rationale found that NCAs reduce aggregate wages, harm traditionally recognized by the Rule of Reason. …

Populists In Power And Constitutional Counternarratives, Giuseppe Martinico

Cardozo Law Review

In this essay I shall comment on A Pluralist Theory of Constitutional Justice by Professor Michel Rosenfeld, by developing three points that have to do with the legacy of Carl Schmitt’s constitutional theory. The first is about the progressive weaponization of constitutional law that characterizes what I call the populist constitutional counternarrative. In particular, I will explore how populists in power use constitutional law. The second point has to do with the notion of constituent power in a context of comprehensive pluralism. The third point is about the relationship between constitutionalism and political theology. The intuition behind this is that …

Table Of Contents - Cardozo Law Review, Volume 45, Issue 5

Cardozo Law Review

No abstract provided.

الجريمةُ الأصليَّةُ كشرطٍ مُفترضٍ لجريمةِ غسلِ الأموالِ طبقًا للمرسوم بقانونٍ اتحاديٍ رقْم 20 لسنة 2018 في شأن مُواجهة جرائمِ غَسْلِ الأموالِ ومكافحة تمويل الإرهاب وتمويل التنظيمات غير المشروعة المعدل بالقانون رقم (26) لسنة 2021م, عذراء عبد الله الكعبي

Theses

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The Predicate Crime as a Presumptive Condition for the Crime of Money Laundering in Accordance with Federal Decree Law No. 20 Of 2018 Regarding Combating Money Laundering Crimes and Combating the Financing of Terrorism and the Financing of Illegal Organizations, As Amended by Law No. 26 of 2021

The crime of money laundering is closely linked to the crime from which the funds being laundered are obtained. There is no talk of money laundering without funds derived from an illicit source. Hence the question arises about the nature of the original crime, and whether it includes every crime from …

Water Management And Conservation In India Fostering Water Justice: Arguing For Adopting Just Sustainability In Water Governance, Gayathri D Naik Dr, Sanjay Shenoi P

Articles

The water sector is characterised by everyday water injustices where factors like social discrimination, economic disparities, and political preferences influence the determination of water resource access, allocation, and management. The increasing anthropogenic impacts on water resources and consequent threats to sustainability add to the water injustices, often impacting the poorer, socially downtrodden communities that bear the brunt of water scarcity and cannot afford alternatives. The current water governance patterns, prioritising equality over equity, fail to address the issues of water injustices created by social, political, and economic factors in water management and sideline the ecological impacts on water resources. Moving …

Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Since the COVID-19 pandemic, mediations have shifted dramatically from face-to-face settings to the virtual realm, resulting in the widespread acceptance of using virtual communication channels, including videoconferencing, audio calls, and text messaging. With the waning of the pandemic, mediators and parties presently face a plethora of choices in fitting their mediation to the appropriate communication channel. Thus, having an accurate, evidence-based understanding of different communication modes’ impact on mediation is necessary to design an optimal mediation process.Some decades ago, Sander and Goldberg formulated the phrase “fitting the forum to the fuss” to describe the process of choosing the most appropriate …

Redistributing Justice, Benjamin Levin, Kate Levine

Articles

This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite progressives’ increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas— often areas in which defendants are imagined as powerful and victims as particularly vulnerable.

In this Essay, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system …

A Theory Of Genetic Dimensions In The Law, Yaniv Heled, Liza Vertinsky, Ana Santos Rutschman

Faculty Publications

Since the biotechnology revolution of the 1970s, genetic science and genetic technology have captured the public imagination. They have become a centerpiece of how we understand ourselves, our relationship with other humans, other living beings, our environment, and—indeed—with the universe. Through this evolution of understanding, genetic phenomena have acquired many meanings, some rooted in objective reality and others subjective and dependent on individual perceptions and sentiments.

However, legal decision-making and policymaking have not kept pace and reflect only a partial understanding of the multiple dimensions of genetic phenomena, which are forced into narrowing legal pathways, neglecting vital interests. As the …

Squeezing Blood From Stones? A Comparative Analysis Of Tax Relief For Victim-Survivors In Australia And The United States, Christine Speidel, Leslie Book, Ann Kayis-Kumar

Faculty Publications

Women who leave abusive relationships generally do so with increased debt, reduced assets, insecure housing and longer-term economic insecurity. Most of these women will be experiencing economic abuse even after the relationship has ended, and many cite financial instability as a key factor driving them back into abusive relationships. So, it is imperative that the tax and transfer system helps rather than hinders (albeit inadvertently) this cohort of financially vulnerable taxpayers. However, this is not always the case, with victim-survivors of economic abuse often liable for tax debts incurred by former partners operating businesses in the victim-survivor's name.

This article …

Interview With David Webber: Reflections On The Past, Present, And Future Of Labor's Capital, Alvin Velazquez, David H. Webber

Faculty Scholarship

ALVIN VELAZQUEZ: Good afternoon! My name is Alvin Velazquez. I am an Associate General Counsel at the Service Employees International Union (SEIU), where for the last fifteen years I have given advice on bankruptcy, corporate law matters, and tech matters. I’m also an adjunct professor at Georgetown Law School where I have taught employment law and am teaching a seminar called Systemic Racism, Colonialism, and Bankrupt Governments.1 Before arriving at SEIU I worked as a litigation associate at several large law firms. I also admit, rather sheepishly, that I am one of the few graduates of Cornell in the labor …

Edward's New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua Lembke

University Honors Theses

This thesis, Edward’s New Welsh: The Foundations of English Colonialism, 1282-1343, examines the tumultuous period following the English conquest of the last independent Welsh kingdom, focusing on the English Crown's efforts under King Edward I to integrate Wales administratively and culturally. By reevaluating the appropriation of the Prince of Wales title, the study highlights the creation of a 'New Welsh' identity aligned with English interests. Key legal acts, such as the Statute of Rhuddlan and the establishment of English-style boroughs and castles, are analyzed to reveal the Crown's strategic embedding of English governance and suppression of native Welsh resistance. …

Forced Pooling: The Unconstitutional Taking Of Private Property, Kevin J. Lynch

UC Law Journal

Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political challenge, as many people make a lot of money from the fossil fuel industry, and they resist change. But an overlooked legal doctrine shows that we are not even going after the lowest hanging fruit. Oil and gas rights are often privately held in the United States. Some owners of those rights would be happy to leave their oil and gas safely in the …

Monopolization By Exploiting People’S Inertia? On The Doj’S 2020 Complaint Against Google And Revenue Sharing Agreements As Non-Compete Arrangements, Omar Vasquez Duque

UC Law Journal

In October 2020, the Department of Justice sued Google for paying Apple and several other search engine distributors to set Google as its users’ default. The complaint alleges that Google’s agreements constitute de facto exclusive dealing arrangements because people only rarely change defaults. Although the complaint correctly asserts that this arrangement violates antitrust law, it misapprehends the mechanism of the anticompetitive harm.

The Google–Apple agreement is more accurately modeled as an arrangement that deters actual competitors from reaching a significant distribution channel and discourages a key potential competitor from entering search. If a potential competitor is paid for a preferred …

Masthead

UC Law Journal

No abstract provided.

An Affirmative Approach To The Supreme Court's Major Questions Doctrine & Chevron Skepticism, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

In light of the Major Questions Doctrine and the U.S. Supreme Court’s broader retrenchment from Chevron, which for forty years has dictated that in the face of statutory ambiguity courts will defer to reasonable agency interpretations, difficult questions arise for agency officials. For example, as the U.S. Department of Housing and Urban Development (HUD) considers options for implementing the Federal Fair Housing Act, some scholars have cautioned against running afoul of the Court’s recent jurisprudence and have argued for a relatively conservative approach to rulemaking, focused on voluntary incentives for compliance.

In this Essay, I disagree and argue for a …

Language, Legitimacy, And The Law: The Social Roots Of Legal Obligation, Joshua Keton

Dissertations, Theses, and Capstone Projects

In a recent turn, both legal scholarship and judicial practice in the United States have converged on the idea that the content of the law is grounded on moral facts—especially facts about democracy. Leveraging insights from the philosophy of language, especially the underdetermination of meaning by syntax and semantics, I argue that textualism can only be reconstructed as a small part of a complete theory of legal interpretation. I then consider a more serious claim to the necessity of moral facts in metaphysically grounding the content of the law. As Mark Greenberg’s anti-positivist theory would have it, the content of …

Perspectives On The Constitution Of The War On Drugs: A Collection Of Posts From The Balkinization Blog, Douglas A. Berman, Rachel Barkow, Louis Michael Seidman, Kimani Paul-Emile, Jennifer D. Oliva, Shaun Ossei-Owusu, Katherine Shaw, Paul Butler, David E. Pozen

Faculty Scholarship

This collection of essays provides extended commentary from multiple law professors on David Pozen’s 2024 book, The Constitution of the War on Drugs. Pozen’s book provides a rich and astute perspective on a wide array of dynamic legal, political, and social stories at the intersection of constitutional jurisprudence and drug policy. The work is the first book in Oxford University Press’s Inalienable Rights series to be fully open access. Yale Law Professor Jack Balkin, recognizing the book engaged many historical and cutting-edge issues in the fields of constitutional law, criminal law and health law, invited professors in these fields …

Is John Stuart Mill's On Liberty Obsolete?, Vincent A. Blasi

Faculty Scholarship

In On Liberty, published in 1859, John Stuart Mill argues for the “absolute” protection of the “liberty of thought and discussion.” Ever the empiricist, he maintains that such uncompromised freedom, not for all communication or self-expression but for the subset of those activities that qualifies as thought and discussion, would generate the best overall consequences for societies such as Great Britain and the United States. The advent of digital technology has altered how thought and discussion is generated, distributed, and received in ways that might problematize some of the empirical assumptions upon which Mill's argument in On Liberty is …

Rays Of Hope For The Administrative State, Peter L. Strauss

Faculty Scholarship

The assault on Chevron has not yet been resolved, but it is next to impossible to believe that the sensible Justices of the Court will go any further than to reaffirm that deciding questions of the scope of agency authority is exclusively for judicial resolution (though perhaps with Skidmore-like attention to the views of the agency, so much more familiar with its statutes as a whole). This was the position clearly taken by the Court in 1940, in United States v. American Trucking Ass’ns., and to go beyond it into decision, rather than review, of agency judgments would …