Law Commons^™

A Song Of Ice And Fire: The Climate Crisis Inside America’S Prisons, Sonia Badyal

Seton Hall Law Review

No abstract provided.

Transparency As A Prerequisite To Diversity In The Skilled Trades, Andrew Foltiny

Seton Hall Law Review

No abstract provided.

Time To Stop Deferring To Davis?: Addressing Discrimination Against Nursing And Medical School Applicants With Physical Disabilities, Maura Quinn

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 54, No. 1 2023

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 54, No. 1 2023

Seton Hall Law Review

No abstract provided.

When Bill Rolls Off: Continuity And Change On Corporate Boards, Adriana Z. Robertson, Peter Cziraki

Coase-Sandor Institute for Law & Economics Research Paper Series

The number of women on public company boards has increased dramatically in recent years. We study where these women directors came from and how they were absorbed. In the past five years, women with board experience obtain significantly more board seats than their male colleagues. Women directors are also more likely to have no previous board experience than men, indicating movement on both the intensive and extensive margin. Adding a woman director is associated with a transitory increase in board size about a third of the time. This increase reverts the following year when an existing director rolls off.

Congressional Briefing: Increasing Access To Medicare-Funded Physician Residency Slots, Julia Mattingly, Sarah Youngman, Ariel Ringo, Sarah Belcher

Commonwealth Policy Papers

The Fiscal Year (FY) 2022 Inpatient Prospective Payment System (IPPS) final rule designated the Centers for Medicare & Medicaid to implement 1,000 new Medicare-funded physician residency slots to qualifying hospitals authorized by the Consolidated Appropriations Act (CAA) of 2021, phasing in 200 slots per year over five years.However, in its first round of allocation of 200 slots in 2023, only 5 rural hospitals in the country received slots, despite Section 126 of the CAA.

In this brief, we discuss potential solutions to address this allocation shortfall.

A Critical Access Pharmacy Program, Julia Mattingly, Jack Reynolds

Commonwealth Policy Papers

With much light on rural hospital closures and healthcare workforce shortages, a sect of rural healthcare rarely discussed is the availability and accessibility of rural independent pharmacies. Pharmacies are a vital part of healthcare delivery in rural communities, with many not only supplying medications but also offering clinical services such as immunizations, blood pressure and glucose monitoring, medication counseling, and more. As funds are available, Congress should designate the Centers for Medicare & Medicaid Services to establish a Critical Access Pharmacy Care Program to ensure the sustainability of critical access pharmacies throughout the United States. Specifics of the proposed program …

Congressional Briefing: A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas, Julia Mattingly, Sarah Belcher

Commonwealth Policy Papers

This congressional briefing outlines federal policy implications, following state level use of HPSAs in targeted incentives for healthcare workforce development also published by the Commonwealth Policy Institute.

Draft State Legislation: "Cycle-Based Adoption Of The International Code Council’S Model Building And Energy Conservation Codes", Hailey M. Mattingly

Commonwealth Policy Papers

This draft state legislation crafted with nonprofit partners is created in order to update building codes across the Commonwealth of Kentucky with uniform professional standards also adopted by surrounding states which are provided by the ICC, in order to improve resilience to natural disasters. This bill draft is accompanied with a short brief published in the same volume.

Maximize “West End Opportunity” In America: Alternative Policy Options To Address Perceived Drawbacks Of Tax Increment Financing (Tif) & Opportunity Zones, Justin Avert, Samuel C Kessler

Commonwealth Policy Papers

In March 2021, the Kentucky General Assembly passed House Bill 321 (Acts Chapter 203) authorizing the creation of a tax increment finance (TIF) district within the West End of Louisville. Designed to spur community-wide economic development, it set up a public-private nonprofit partnership. Known as the West End Opportunity Partnership (WEOP), this 21-seat board include community representatives and has sole control over any fund disbursement. Funds can be used towards a broad array of investments including small business loans, financing affordable housing units, home improvements, etc.

Residents within the district have expressed opposition to the TIF, skepticism towards the board …

Cardozo Law News Brief: November 3, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Matthew Wansley
• Pamela Foohey
• Rebekah Diller
• Young Ran (Christine) Kim
• Barbara Kolsun
• Alma Magana
• Lindsay Nash
• Robyn Weinstein

Events:

• The FAME Center Presents: Russia, Ukraine, AML and KYC: Due Diligence Concerns for the Art Market
• The FAME Center Presents: Thoughts on the Future: LLMs Staying in the United States

Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call

Journal of Social, Behavioral, and Health Sciences

The sending of sexually explicit messages, or “sexting” has been recognized as a common practice among youths. As sexting may involve the creation and distribution of sexually explicit images and videos, juvenile sexters can be charged with offenses related to child pornography. This study examined public attitudes toward juvenile sexting and demographic influences on these views. Based on a quantitative survey of 1,023 U.S. adults, the majority of respondents (51.8%) disapproved of criminalization in cases of consensual sexting, but 80% supported legal repercussions for nonconsensual sharing. Respondents primarily favored educational interventions (67.4%) and restrictions on technology use (53.4%) over harsh …

Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu

Popular Media

No abstract provided.

Writing Philosophical Autoethnography: A Review, Niroj Dahal

The Qualitative Report

As a book reviewer, I am penning down my thoughts restlessly on the book, Writing Philosophical Autoethnography, with a diverse audience in mind, encompassing readers, writers, and researchers of all levels from various disciplines in the social sciences and education. This groundbreaking work, edited by Alec Grant and published by Routledge, masterfully blends philosophy and autoethnography (Grant, 2023). The book distinguishes itself through its philosophical depth, with each chapter demonstrating a profound engagement with philosophical debates and theories rooted in Western philosophical traditions. This approach sets it apart from other autoethnographic works where philosophical concepts often appear to be …

Autonomy, Martha T. Mccluskey

Contributions to Books

Published as Part IV of The Foundations of Vulnerability Theory: Feminism, Family, and Fineman, Jennifer Hickey, ed.

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Empowering Nigerian Youths For Social Change: The Convergence Of Civic Education, Media, Art, And Activism, Zainab Onuh-Yahaya

Biennial Conference: The Social Practice of Human Rights

This paper examines the intersection of civic education, art, and the media as powerful tools for activism, social change, resistance, and transformation, particularly in the context of Nigerian youths. Over the past few years, young Nigerians have emerged as a formidable force in advocating for social justice and good governance in what they have describes as fighting for their lives. Drawing on interdisciplinary perspectives, this study explores how the integration of civic education, media, art, and activism empowers Nigerian youths to address social injustices and inequalities, challenge the generations that have come before, and drive meaningful transformations.

The paper then …

Maine's Right To Food: A Symbolic Right Or A Practical Right?, Tess Bedingfield

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

In November 2021, Maine became the first U.S. state to adopt a constitutional amendment guaranteeing the right to food. The amendment passed by a wide, bipartisan margin of 61% to 31% and states that "[a]ll individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing." Although many states have protected constitutional rights to hunt, fish, and farm, Maine’s constitutional amendment is the first to adopt such broad language enshrining food as an unalienable right. Prior to …

Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett

Cardozo Journal of Conflict Resolution (CJCR) Blog

What if social media platforms were leveraged to empower interested users to resolve their own conflicts without litigation? This is a question that Brooklyn Civil Court Judge Heela Capell is exploring through several online platforms, most notably TikTok.

This post was originally published on the Cardozo Journal of Conflict Resolution website on November 2, 2023. The original post can be accessed via the Archived Link button above.

Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria

Popular Media

This article urges Indian policymakers and courts to be cautious in extending existing IP protections to work generated by Artificial Intelligence. Reflecting on the concept of human-centricity in copyright law, it draws upon a recent US District Court judgement in Stephen Thaler v. Shira Perlmutter, which deals with the question of whether a work autonomously generated by AI should be copyrightable. It goes on to examine the Indian copyright regime in light of changing attitudes to AI regulation across the world.

7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Fall Bash 2023, Cardozo Student Bar Association

2023–2024 Flyers

No abstract provided.

Expert Knowledge, Democratic Accountability, And The Unitary Executive, Barry Sullivan

Fordham Law Review

Proponents of the “unitary executive” theory hold that “all federal officers exercising executive power must be subject to the direct control of the President.” But how, as a constitutional matter, should such presidential control be defined, and how should it be effectuated? Unitarians are not united. Kevin H. Rhodes and Professor Steven G. Calabresi identify at least three distinct versions of the theory, which reflect a diversity of responses to those questions. The strongest or most aggressive version (which may also find the least support in the relevant jurisprudence) holds that the President may “supplant any discretionary executive action taken …

Concerted Civic Administration, Peter M. Shane

Fordham Law Review

With the benefit of hindsight, the Roberts Court’s decision in Free Enterprise Fund v. Public Company Accounting Oversight Board marked the arrival in the U.S. Supreme Court of what has aptly been called the “separation-of-powers counterrevolution.” For the first time in history, the Court voided statutory criteria limiting the removability of a subordinate officer by a principal officer within the executive branch. Since then, the Court has crafted an increasingly complex separation-of-powers jurisprudence aimed at protecting the President’s supposed Article II authority to control subordinate administrators. Underlying this jurisprudence is the Court’s supposition that, constitutionally speaking, executive branch administrators “wield …

The President's Fourth Branch?, Bijal Shah

Fordham Law Review

Unitary executive theory has taken hold of the administrative state, motivated by the view that agencies constitute a rogue fourth branch of government. Emboldened by the U.S. Supreme Court, the President has begun to interfere with administrative accountability to important criteria including statutory procedural requirements that impact both public participation and administrative due process, the expectation that agencies engage neutral expertise to implement the law, and the obligations of judicial review. As a result, this Essay argues, rather than constituting a fourth branch that is unaccountable to the President, the administrative state has been encouraged by the President and courts …

Legal Human Rights And Tanzania Human Rights Defenders Coalition V Tanzania, Application No. 039/2020 (13 June 2023), Kafula M. Kasonde

SAIPAR Case Review

This judgement is a milestone in the Tanzanian jurisprudence as it subjects the Tanzanian legal system to scrutiny by an international court with regards to a provision in a domestic statute providing for non-bailable offenses. The legal system of Tanzania overlooked an opportunity in this case to examine the compatibility of national legislations with international human rights standards. This judgement highlights the critical role of human rights non-governmental organisations (NGOs) and their efforts to challenge domestic laws that may infringe upon fundamental rights through emphasizing the need for alignment and adherence to international human rights standards.

Kachasu (Suing As The Administrator Of The Estate Of The Late Paul Kachasu) V Manda (Sued As Administrator Of The Estate Of The Late Dr Francis Manda) And Ors (Appeal No.163 Of 2021) [2023] Zmca 200 (30 August 2023), O'Brien Kaaba, Hope Sthembile Homela

SAIPAR Case Review

The decision by the Court of Appeal is a forward thinking one that deserves acclaim for its empathetic approach towards religious beliefs and and administering treatment in hospitals. This Judgement is significant to the Zambian jurisprudence as it underscores the paramountcy of patient autonomy and informed consent when administering medical treatment by healthcare providers. This judgement serves as a pivotal reference and precedence for the legal and ethical obligations of healthcare providers to respect the wishes and directives of their patients, even when those wishes are deeply rooted in religious beliefs or amounting to a loss of life, a breach …

Willard Mwiinga V The People Appeal No/167/2022 (24 August, 2023), Mwami Kabwabwa

SAIPAR Case Review

This case calls upon judges to move beyond a rigid application and recognition of gender based violence (GBV) laws thoughtfully to cases involving domestic violence, to protect women and girls. In this pivotal Judgement, the Court of Appeal missed a crucial chance to fulfill its duty to construe the law with an acute awareness of gender issues and the prevalent problem of Gender-Based Violence (GBV). Acknowledging such issues in legal decisions is vital as it embeds gender sensitivity into the consciousness of both the legal framework and society at large, as seen through the judiciary’s lens. This acknowledgment is instrumental …