Law Commons^™

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.

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.

The Subfederal In Immigration Polarization, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The framing of subfederal immigration regulation as a red- blue divide is conventional wisdom. As more states, cities, and counties have engaged in the regulation of immigrants within their jurisdictions, it is not particularly surprising to see deep-red states like Texas enacting laws that restrict the rights of immigrants in their jurisdictions (e.g., requiring police within the state to honor detainers issued by United States Immigration and Customs Enforcement (ICE)) or deep-blue states like California enacting laws that protect immigrants’ rights (e.g., issuing driver’s licenses without requiring proof of lawful immigration status).

Rather than only reflecting national polarization on immigration …

All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum

Articles

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …

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 …

Theorizing Constitutional Change In East Asia, John Gillespie

Chicago Journal of International Law

How do constitutions change in response to social problems? This Article explores why constitutions in three East Asian countries, namely Japan, Indonesia, and China, changed rapidly during times of social crisis and then incrementally evolved during periods of stability. It looks for explanations in historical institutionalism, a novel theory developed to understand the factors that give rise to the creation, persistence, and change of political institutions, such as constitutions. Constitutional change in these East Asian countries is explored by examining constitutionally defined eminent domain powers that enable governments to compulsorily acquire land in the public interest. The Article aims to …

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 …

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 …

الحماية القانونية للمساهم في شركة المساهمة العامة, سيف درويش المري

Dissertations

Legal Protections for A Shareholder in A Public Joint Stock Company

There is no doubt that legal protections for a shareholder in a public joint stock company have become one of the key pillars on which the UAE national economy rests as it examines shareholder protections by critically analyzing shareholders' voting and related rights, the right to information, expulsion right, dissolution of a company, derivative actions and direct actions.

This thesis critically assesses and attempts to provide a solution to the problem of minority shareholder protection, that is, the available methods by which minority shareholders can ensure their protection against …

The Birth Of The Civil Death Penalty And The Expansion Of Forced Adoptions: Reassessing The Concept Of Termination Of Parental Rights In Light Of Its History, Purposes, And Current Efficacy, Chris Gottlieb

Cardozo Law Review

The legal construct of termination of parental rights—the act of permanently severing the legal relationship between parent and child—is deeply embedded in contemporary American child welfare law. Indeed, since the passage of the Adoption and Safe Families Act of 1997 (ASFA), it can fairly be said that our entire foster care system is structured around the threat of terminating parental rights. From the day a child is taken into state-supervised care, the clock begins ticking toward the possible permanent destruction of the parent-child relationship. In response to the financial incentives in ASFA that reward states for terminating parents’ rights, states …

Regulating Congressional Insider Trading: The Rotten Egg Approach, Sarah J. Williams

Cardozo Law Review

A 2004 study revealed that the stock portfolios of members of Congress were consistently outperforming those of the investing public. The financial success of federal lawmakers was statistically correlated to the use of nonpublic information obtained while performing legislative responsibilities—reasonably characterizable as insider trading. Cries of dismay over such profiteering by lawmakers have been echoing in the public domain since Samuel Chase, Maryland’s representative in the Continental Congress, directed colleagues to corner the flour market in 1778 after learning that copious quantities of it would be purchased by the government to support the Continental Army. Notwithstanding efforts to apply insider …

Data Privacy By Contract, Ifeoma Ajunwa, Austin Kamer

Cardozo Law Review

Protecting consumer privacy rights presents a particular challenge given the prevalence of data breaches. This Article notes that current law is woefully inadequate in protecting the privacy rights of consumers. Notably, the law fails in the following four areas: (1) classification of consumer data, (2) lack of a comprehensive approach, (3) after-the-fact focus, and (4) limited accountability for third parties. Although it may be impossible to eliminate all data breaches, more regulations can bolster protection without restricting technological advancements. This Article proposes a contractual approach to privacy protection for consumers. It argues that the creation of mandatory implied contractual terms …

On Comprehensive Pluralism: Two Pluralistic Deficits, Daniel Bonilla Maldonado

Cardozo Law Review

A Pluralist Theory of Constitutional Justice offers a powerful normative theory of liberal constitutionalism: comprehensive pluralism. This theory links liberal constitutionalism with distributive justice. Comprehensive pluralism requires that the three dimensions that compose this concept of justice—redistribution, recognition, and representation—drive the attempts to balance ethos and demos in liberal constitutional democracies, as well as the attempts to balance the singular, plural, and universal dimensions that constitute such political communities. The normative proposal offered by Michel Rosenfeld in his book has numerous strengths. Three of them, which cut across the entirety of his proposal, are particularly noteworthy. On the one hand, …

Comprehensive Pluralist, Political Liberal: Rosenfeld And Rawls, Frank I. Michelman

Cardozo Law Review

A main plot in A Pluralist Theory of Constitutional Justice starts out from a supposition of political common cause between the author and his readers. Together, we are to be concerned with the upkeep and the fate of a certain high form of politics to which we're presumed attached, named by the book's first words as "liberal constitutional democracy" (LCD). The idea is that we want that form of politics to be in actual implementation going forward the best that it can be.

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 …

The Universal And Its Others: Dialectics And Conflict In Comprehensive Pluralism, Julie Saada

Cardozo Law Review

Since the release of Rawls’s A Theory of Justice in 1971, discussions on the role of groups, redistribution, and symbolic recognition have gained unprecedented attention in North America and Europe. How can we ensure equal recognition among groups and foster equitable access to goods in a way that provides fair distribution not only among groups (plurality) but also within groups (the singular) so that all are politically and socially included on a common shared basis (the universal)? While the approach to this question differs between America and Europe—think of French republican universalism and the historical evolution of the concept of …

Bound To Misfortune: Protecting Juvenile Abortion Through The Right To Travel, John H.C. Hughes

Cardozo Law Review

On July 1, 2022, the Indianapolis Star reported that a ten-year-old Ohio girl, who had been raped and was six weeks pregnant, had sought an abortion in Indiana. Abortion had been outlawed in Ohio mere hours after the Supreme Court overturned Roe v. Wade, but it remained legal ˙in neighboring Indiana. The Ohio girl was able to cross the state border, get the abortion, and—presumably—return home safely. But if lawmakers like those in Missouri, South Carolina, Texas, and a handful of other states have their way, pregnant© children in abortion-restrictive states will be unable to avail themselves of neighboring …

Feedback Loops: Upward Appreciation., Patrick Barry

Articles

When was the last time you tried to make your boss feel welcome? Last week? Last month? Never?

How about the last time you tried to make one of your mentors feel welcome? Your mom? Your dad? A particularly helpful pastor, rabbi, imam, or other religious leader?

Confronting Algorithms: Conscience Catching In The Criminal Trial And Beyond, Sherman J. Clark

University of Michigan Journal of Law Reform

Using the question of how to treat algorithmic evidence under the Confrontation Clause as an entry point, I argue that the use of AI in ethically salient situations presents a risk. It may cause us to avoid confronting our own responsibility. This matters because facing up to what we do, including what we delegate, can help us grow and thrive. Bearing responsibility can help us nurture vital capacities, including forms of empathy, honesty, and dignity. In the language of ethics, these are eudaimonist virtues—traits and capacities that can help us live well and fully. We should thus find ways of …

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 …

Boyd Law School Working To Address Rural Legal Services Provider Shortage In Nevada, Rachel J. Anderson

Scholarly Works

No abstract provided.

Masthead

UC Law Journal

No abstract provided.

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 …

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 …

Designing Contracts For A Modern Classroom: The Abcs Of Cbas, Elizabeth Chu, Molly Gurny, Tong Koh, Evan Stone, Chiara Grabill, Jill Mclaughlin

Center for Public Research and Leadership

Although teacher contracts (commonly, collective bargaining agreements or CBAs) provide critical workforce protections for teachers and govern much of the profession, they remain an underutilized lever for enabling strong teaching and learning, elevating the teaching profession, and equipping school systems with tools and capacities to confront the challenges of a rapidly changing, increasingly uncertain world.

Drawing on research spanning states, school systems, and time periods, this report sets forth a conceptual framework that draws attention to teacher contracts — both what they say and the ways they are built — as a potentially powerful, already-embedded, forward-looking mechanism for professionalizing teaching …

Putting The Lawyer First: Framing Well-Being In Law As An Ethical Dilemma, Aric Short

Faculty Scholarship

A disturbingly high percentage of our students continue to be unwell. In the most recent and comprehensive survey of law student well-being in 2021, almost 70% of law students responded that, in the past twelve months, they believed they needed to seek help for emotional or mental health problems. Embedded screening tools in the survey suggested that 34% of respondents were clinically depressed and 54% suffered from clinical anxiety. 44% of respondents reported being drunk in the past thirty days, 33% had engaged in binge drinking in the preceding two weeks, and 38% had smoked marijuana in the past twelve …

Ai Employment Decision-Making: Integrating The Equal Opportunity Merit Principle And Explainable Ai, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Artificial intelligence (AI) tools used in employment decision-making cut across the multiple stages of job advertisements, shortlisting, interviews and hiring, and actual and potential bias can arise in each of these stages. One major challenge is to mitigate AI bias and promote fairness in opaque AI systems. This paper argues that the equal opportunity merit principle is an ethical approach for fair AI employment decision-making. Further, explainable AI can mitigate the opacity problem by placing greater emphasis on enhancing the understanding of reasonable users (employing organisations) and affected persons (employees and job candidates) as to the AI output. Both the …

Shaping Green Regionalism: New Trade Law Approaches To Environmental Sustainability, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Green regionalism aims to mutually reinforce environmental governance and economic integration. The article provides the first analysis of green regionalism in international law. It argues that green regionalism represents a paradigm shift in global normative endeavours towards environmental sustainability. By contextualising three waves of global regionalism, the article unveils the evolving architecture of green regionalism alongside negotiations of the World Trade Organization and multilateral environmental agreements. Moreover, it sheds light on the pertinent disputes and features of new green initiatives galvanised by the European Union, the United States and Asia-Pacific countries. These developments are pivotal in understanding the trade-environment nexus …