Law Commons^™

Americans And The Court: How Public Outcry Has Influenced The Court To Address Judicial Ethics Crises, Brie Sparkman Binder, Debra Perlin

Hofstra Law Review

The article focuses on the historical development and contemporary challenges of judicial ethics, particularly within the context of the U.S. Supreme Court. It examines the impact of public outcry on prompting ethical reforms and analyzes recent initiatives aimed at addressing ethical lapses within the judiciary. It underscores the ongoing need for effective ethical oversight and accountability mechanisms within the highest echelons of the American legal system.

Employer-Sponsored Reproduction, Valarie K. Blake, Elizabeth Y. Mccuskey

Scholarly Works

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive justice, revealing the impact that employers’ coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for health insurance. Laws regulating employer plans give employers exceptionally wide latitude to decide what reproductive care services to cover---including services like abortion, contraception, and infertility treatment. In their role as health care funders, employers pursue interests which often conflict with employees’ interests and the aims of reproductive justice: to enable autonomous decisions …

The Santa Clara, 2024-03-01, Santa Clara University

The Santa Clara

No abstract provided.

The Propriety Of Restraint: Assessing The Viability And Wisdom Of Executive And Legislative Branch Action To Eliminate Collective Bargaining Rights In The Department Of Defense, Casey Keppler

Hofstra Labor & Employment Law Journal

Department of Defense civilian employees are generally permitted to be represented by unions who can engage in collective bargaining with the management on their behalf. In contrast with the private sector, unions representing federal government employees are prohibited from striking and are severely restricted in the topics they can negotiate with management. Given these limitations and the consternation collective bargaining can cause management officials, the question can reasonably asked whether unions’ existence in the federal sector enhance or impair the enterprise. This article discusses the mechanisms available to the Legislative and Executive Branches to eliminate the collective bargaining rights of …

Dei Newsletter 2024 Issue 2, University Of Maine School Of Law

DEI Newsletter

• Upcoming Events
• Summer Celebrations
• In the Spotlight:
• RHRC in Mexico 2.0
• BLSA Highlights from Black History Month
• Women’s History at Maine Law
• Events Around Town
• Living Room Library

How Crime Dramas Undermine Miranda, Ian Farrell, Nancy Leong

Sturm College of Law: Faculty Scholarship

In the half-century since the Supreme Court decided Miranda v. Arizona, custodial interrogations have become a mainstay of popular culture. Even casual viewers of police procedurals will be exposed to hundreds of depicted arrests, interrogations, and other law enforcement conduct. It has become commonplace for courts, commentators, and the general public to assert that people learn about their rights from television.

Yet if people do in fact learn about their criminal procedure rights from television, what they are learning is dangerously inaccurate. In a comprehensive content analysis of ten seasons, totaling 229 episodes, drawn from the two most highly watched …

Community Responsive Public Defense, Alexis Hoag-Fordjour

Faculty Scholarship

No abstract provided.

Contents, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Yelling "Fire" In The Financial Theater: Bank Runs In The Social Media Age And The Threat To Financial Stability, Eric J. Spitler

North Carolina Banking Institute

No abstract provided.

Setting Reasonable And Proportional Credit Card Late Fees: Easier Said Than Done, Seth W. Berger

North Carolina Banking Institute

No abstract provided.

Reducing The Negativity In Negative Option Marketing: The Ftc's Amendment To The Negative Option Rule, Dhanya S. Madugalle

North Carolina Banking Institute

No abstract provided.

Reckoning With History's Impact: Financial Institutions And Reparations For American Enslavement, Harseerat Dhillon

North Carolina Banking Institute

No abstract provided.

Tiktok: Is It Time To Regulate "Finfluencer" Investment Advice On Social Media?, Spencer B. Arrowood

North Carolina Banking Institute

No abstract provided.

Foreword, Joshua S. Almond, Lissa Lamkin Broome

North Carolina Banking Institute

No abstract provided.

The Labor Gerrymander, Joel Heller

Vanderbilt Law Review

The foundational metaphor of federal labor law is “industrial democracy.” But like any good metaphor, it is subject to overuse. The National Labor Relations Act (NLRA) grants employees the right to have a say in the decisions that govern their working lives through union representation and collective bargaining. Parties and policymakers often invoke the language of American political democracy when describing and debating that right. Democracy is not a unitary concept, however, and not all norms and concepts from the political sphere can or should translate into the labor sphere.

This Article interrogates the political-model analogy through the lens of …

In Conversation With Stephen Gageler, Chief Justice Of The High Court Of Australia, Stephen Gageler, David Collins

Judicature International

No abstract provided.

How Remote Support Technology Can Alleviate The Caregiver Shortage, Thomas Tarver

Marquette Benefits and Social Welfare Law Review

Since the COVID-19 pandemic, nearly every sector of the economy has struggled with workforce shortages, and one of the most severely impacted industries is the long-term care services industry. Indeed, this industry has historically been unable to attract and retain enough caregivers to meet the needs of its clients and the pandemic only exacerbated this problem. Those who rely on long-term care services are typically members of some of society’s most vulnerable populations such as frail elders and individuals with disabilities. Not having enough caregivers adversely affects these populations as care staff shortages are more likely to lead to abuse …

Preempting Private Prisons, Christopher Matthew Burgess

Washington Law Review

In 2019 and 2021, respectively, California and Washington enacted laws banning the operation of private prisons within each state, including those operated by private companies in contracts with the federal government. Nevertheless, the federal government continues to contract with private prisons through Immigrations and Customs Enforcement for the detention of non-United States citizens. In 2022, the Ninth Circuit Court of Appeals held in GEO Group, Inc. v. Newsom that federal immigration law preempted California’s private prison ban.

Preemption—when federal law supersedes state law—is a doctrinal thicket. Federal courts analyze preemption issues in multiple different ways in a particular case, often …

Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners

Marquette Benefits and Social Welfare Law Review

With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.

This comment compares State responses, exemplified by Washington, California, …

In The Midst Of Bankruptcy: How Cryptocurrency's Classification Affects Creditors Who Were Once Customers, Mia Qu

Washington Law Review

In 2022, Congress proposed the Digital Commodities Consumer Protection Act to amend the Commodity Exchange Act and define a new type of commodity: digital commodity. The definition of digital commodity encompasses cryptocurrency and provides the Commodity Futures Trading Commission with jurisdiction over digital asset transactions. This definition of digital commodity has two important implications. First, it signals the lawmakers’ tendency to generalize cryptocurrency as a commodity. Second, it brings complications into how creditors—especially individual crypto account holders—can recover in the recent bankruptcy cases involving prominent crypto companies. This Comment contains four components. First, it provides a brief explanation of cryptocurrency …

Accountability Courts In Georgia: Judges In The State Of Georgia Explain How They Have Been Empowered By Visionary Political And Judicial Leaders To Tackle Crime, Prison Population, Mental Illness, And Drug Dependency Through Service In Accountability Courts, W. James Sizemore Jr.

Mercer Law Review

Georgia leads the way nationally when it comes to promoting and funding the expansion of accountability courts (commonly called drug courts or mental health courts). The fact that the effort to expand such courts in Georgia was spearheaded by Republican Governor Nathan Deal is surprising to some. This article provides a peek behind the curtain at the massive judicial and political effort to make accountability courts an essential part of criminal justice reform in the State of Georgia.

The article begins with a brief look at the history of accountability courts in Georgia, specifically focusing on several Superior Court Judges …

Does Bankruptcy Law Prevent Internalization Of Environmental Costs: Evidence From China, Xingwei Li

Journal of International Business and Law

No abstract provided.

Family Treatment Courts In Rural Settings, Alissa Hendricks, John Lepage

UMKC Law Review

Missouri courts deal in hundreds of thousands of cases each year that involve money, property, and crime, but no category of cases is more important than those dealing with the safety and welfare of children. The collaborative model of family treatment courts was created out of the passion for this responsibility to children and to the families of this state.

Family treatment courts evolved from the adult drug court model, where collaborative efforts found success within the criminal justice system. Family treatment courts are now one of the most expansive improvements conducted in the judicial, child welfare, substance use disorder …

Some Thoughts On A Developmental Approach To A Sound Basic Education, Goodwin Liu

University of Chicago Law Review

No abstract provided.

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.

Proof: The Rule Of Law’S Most Essential Element, Victor A. Bolden

Connecticut Law Review

In this seemingly apocalyptic age, when the rule of law appears under siege, the way forward should involve reaffirming our belief in the rule of law, through reaffirming the importance of proof to the rule of law. Indeed, proof is the rule of law’s most essential element, a significance codified in legal rules, exemplified by legal theory, and reflected in the main source of belief in the rule of law, its effectiveness.

Getting To Maybe: An Interview With Michael Fischl & Jeremy Paul, Kiel Brennan-Marquez, Riley Breakell

Connecticut Law Review

Since 1999, Getting to Maybe has served as a key resource for first-year law students. Professors Michael Fischl and Jeremy Paul wrote the definitive guide on how to excel on law school exams and master legal reasoning. Professors Fischl and Paul have not only had a massive impact at UConn Law, but they’ve also influenced thousands of law students nationally and legal education as a whole.

UConn Law Professor Kiel Brennan-Marquez and Riley Breakell, UConn Law Class of 2023, sat down with the authors to discuss Getting to Maybe and the 2023 release of the second edition. The conversation features …

The Intricacies Of Nimbyism: Exclusionary Zoning And The Fair Housing Act In Connecticut, Jill Warren

Connecticut Law Review

Connecticut is one of the wealthiest states in the country, yet there is an alarming shortage of affordable housing across the state. The regulatory schemes of Connecticut municipalities only exacerbate the issue. Many towns and cities employ exclusionary zoning policies and regulations that make it difficult for lower- income households to reside in an area. A prominent example is single-family, two- acre zoning, which makes it difficult or even impossible to construct high density housing conducive to the creation of affordable housing. As a result of exclusionary zoning policies, Connecticut has effectively become economically segregated.

This begs the question of …

New Hurdles To Redistricting Reform: State Evasion, Moore, And Partisan Gerrymandering, Manoj Mate

Connecticut Law Review

Proponents of fair districting reforms continue to face challenges in seeking to address the problem of partisan gerrymandering. Even in states that have successfully enacted redistricting reforms, state actors have been able to evade compliance, and state courts have been unable to guarantee fair districts. In addition, the Supreme Court’s decision in Moore v. Harper could also limit state court efforts to guarantee fair districts. This Article argues that state evasion and Moore threaten to undermine the efficacy of fair districting norms recognized by state courts or enacted through either state political processes. Moore could create a one-way ratchet by …

The Promise Of Contract Pluralism, Andrew Jordan

Connecticut Law Review

Many contract theorists argue that contracts are promises. This view is appealing because it can justify the institution of contract law—contract law allows parties to vindicate their promissory rights. But contract-as-promise advocates have seriously misunderstood how promises work. They assume a cartoon version of promises, one that is overly abstract, individualistic, and is singularly fixated on the obligation to do what one promised. Such theorists have failed to adequately attend to other important dimensions of promises: How stringent is the promise? Under what conditions is a person obligated to perform? How is an agent entitled to respond to a breach? …