Legal Writing and Research Commons^™

Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander

Fordham Undergraduate Law Review

This Note explores the public law of whistleblowing through the lens of the Ancient Roman philosopher Marcus Tullius Cicero (106-43 BC). It first describes the current discourse on whistleblowing, justifications for whistleblowing, and a contemporary jurisprudential theory that examines those justifications. Then, the Note will explain Cicero’s theory on one’s duty to the state through acceptable public behavior, and how it relates to jurisprudence via the lens of morality. Next, the Note will apply Cicero’s theory to the case Department of Homeland Security v. Maclean to illustrate how the Supreme Court of the United States (the “Court”) has used precedent …

From Clause A To Clause Z: The Transactional Reader And Narrative Transportation, Karen J. Sneddon

Articles

You know the phrase “lost in a good book.” The book’s story is so compelling that you are absorbed by the characters, setting, actions, and plot. The book pulls you into the narrative such that you must continue to read—even if that means staying up all night to finish the book. Because many associate that immersive experience with reading a novel, the phrase “lost in a good book” is most often connected to reading for pleasure. But the experience of being transported by the words of a narrative can occur when reading a variety of texts, including legal texts. That …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 14 (2019).

John And June Mary Makdisi: An Intellectual And Moral Journey, Siegfried Wiessner, Roza Pati

Intercultural Human Rights Law Review

John and June Mary Makdisi have been our friends and treasured colleagues for many a year. It is with exceptional delight that we present these lines and this volume of intellectual contributions of friends, in the global university tradition of an hommage, a Festschrift celebrating their professional and personal contributions to our St. Thomas Law family on the occasion of their retirement. This Festschrift is also a vessel of admiration, respect, gratitude, warm wishes and prayers for God's grace and blessings for the magic of their new journey.

Everything Old Is New Again, Diane Penneys Edelman

Faculty Scholarship

No abstract provided.

A Sticky Situation: The Unconstitutional Qualification Of The Right To Bear Arms By The Federal Government Against Law-Abiding Medical Marijuana Patients, Luke C. Waters

Belmont Law Review

Medical marijuana law and policy is at a crossroads in America. On the one hand, it appears the field has achieved a level of legitimacy it so desperately sought, as more than 30 states, territories, and districts have enacted comprehensive medical marijuana programs in the past two decades. In spite of these gains, medical marijuana is often still characterized as little more than a joke or an excuse to lend drug abusers an unearned air of legitimacy. Standing in stark contrast to medical marijuana, the right to bear arms, and firearms by virtue of the association, is afforded rarified status …

Evidence-Based, Constitutionally-Sound Approaches To Reducing Gun Fatalities In Violent Relationships, Sarah Martin

Belmont Law Review

Our country is plagued by a uniquely American epidemic whereby women are shot to death by partners who say they love them. While domestic violence is a complex matter and preventing domestic abuse and domestic violence-related fatalities seems like a daunting task, the first steps are relatively simple: (1) close persistent gaps in existing firearms laws that allow dangerous abusers to obtain and continue to possess firearms, and (2) enforce existing laws regarding firearms. Ensuring that domestic abusers do not have access to deadly weapons is an evidence-based strategy to protect vulnerable victims of an otherwise seemingly unending cycle of …

Long Term Solutions To The Short-Term Problem: An Analysis Of The Current Legal Issues Related To Airbnb And Similar Short-Term Rental Companies With A Proposed Model Ordinance, Richard W.F. Swor

Belmont Law Review

Airbnb and the short-term rental market have revolutionized the way that we travel and book accommodations, and now they are beginning to require cities to revolutionize their laws. This note argues that cities should adopt an ordinance that addresses health and safety, zoning, permitting, and taxation in an enforceable way by drawing on ideas already implemented in other cities such as Chicago, San Francisco, Nashville, and Portland. In support of this conclusion, this note begins in Section I by discussing the history of vacation rentals and the sharing economy as a whole, before discussing Airbnb more specifically. Section II then …

Employers Beware: What Are Employers’ Obligations And Rights Given New Marijuana Legislations?, Shahabudeen Khan

Belmont Law Review

This article examines recent recreational and medicinal marijuana laws in the United States. Key statutes and cases are examined, including Coats v. Dish Network, LLC and Noffsinger v. SSC Niantic Operating Co., LLC. Actions and policies to reduce liability that employers could undertake are offered, and the article concludes with a look at other countries that have legalized recreational marijuana.

Whose Time Is It Anyway?: Evolving Notions Of Work In The 21st Century, Laurie Leader

Belmont Law Review

This article explores the changing nature of employment, including gig and contingent work, as well as legal definitions of employment, employer, and work. It offers solutions to better protect nontraditional workers, and examines the Internal Revenue Service’s 20-Factor Test, the Fair Labor Standards Act’s Economic Realities Test, the ABC Test, statutory definitions, the Joint Employment Theory, and policy issues regarding worker classification.

Harassment: A Separate Claim?, Sandra Sperino

Belmont Law Review

This article argues that harassment is not a separate claim under Title VII by reviewing the history of discrimination law, examining Title VII's statutory language, and Supreme Court cases and procedural ambiguity in harassment law. It discusses the pitfalls of identifying harassment as a separate claim, and recommends how plaintiffs might plead harassment within the scope of Title VII.

“For The Love Of God! Open This Door!”: Individual Rights Versus Public Safety Under The “Direct Threat” Standard Of The Americans With Disabilities Act After Three Decades Of Litigation, Jeffrey Van Detta

Belmont Law Review

This article investigates the ADA's direct-threat standard, opening with the story of Germanwings Flight 9525. It examines a disability lawsuit, EEOC v. Beverage Distributors Company, LLC, as well as the determination in Stragapede v. City of Evanston, Illinois. The article concludes by proposing a tri-partite medical review option for employers.

Inclusion Riders And Diversity Mandates, Emily Waldman

Belmont Law Review

This article examines inclusion riders, the bona fide occupational qualification defense, undue hardship, and equal burdens in the context of Title VII's prohibition of differential treatment. It also addresses the concept of 'diversity preference', affirmative action programs, and how employers can satisfy diversity preference without being discriminatory.

Happily Ever After: Fostering The Role Of The Transactional Lawyer As Storyteller, Karen J. Sneddon

Articles

Transactional documents do more than allocate the risk of loss or select the governing law. Transactional documents, whether employment contracts or lease agreements, encapsulate the wishes, hopes, and fears of the transacting parties. The documents share a series of events, identify the key actors in those events, and anticipate particular outcomes or future events. In other words, the transactional documents are narratives. The transactional lawyer is thus more than a transactional intermediary. The transactional lawyer is the narrative agent or storyteller.

The “narrative” is often associated with the following words: story, tale, fiction, and entertainment. These associations may appear to …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, Table of Contents for St. Thomas Law Review Volume 31, Issue 2, Spring 2019.

The United States First Climate Relocation: Recognition, Relocation, And Indigenous Rights At The Isle De Jean Charles, Adam Crepelle

Belmont Law Review

While this article focuses almost exclusively on the Isle de Jean Charles relocation, it hopes to be useful to other climate induced relocations. Section I begins with a discussion of the two major factors contributing to the disappearance of Louisiana’s coast, the blocking of the Mississippi River and the oil industry. In Section II, the article provides an overview of federal recognition, a short history of Louisiana’s coastal tribes, and how being denied federal recognition has impacted them. Section III compares federal Indian law with the rights of indigenous peoples under international law, along with a discussion of the numerous …

Max Weber Meets The Fair Housing Act: 'Life Chances' And The Need For Expanded Lost Housing Opportunity Damages, Christopher C. Ligatti

Belmont Law Review

This article will discuss the work of sociologist Max Weber, pioneer of the term “life chances,”and how the field of life chances has been adopted and expanded into placed-based theories such as “neighborhood effects” and the “geography of opportunity.” This article will then give a brief overview of the purpose of the Fair Housing Act and how its passage was not meant simply to combat offensive behavior, but to increase residential mobility. This article will also discuss how “lost housing opportunity” has previously been used by the courts. This section of the article will include a discussion of United States …

Undefined: A Call To Recognize, And Advocate For, Long-Term English Learners, Allyson Lynch

Belmont Law Review

This Note argues that the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act, should include a definition of long-term English learner (“LTEL”), and, additionally, set a minimum expectation for states and school districts that all English learner students achieve English Language Proficiency within a maximum of five years. It proceeds in four parts: Part I provides an overview of the English Learner population and discusses the current opportunities and obstacles of this population. Part II explores prevailing research on English learners, particularly as it relates to English language acquisition rates, which has shaped policy decisions …

“Mlk 50: Where Do We Go From Here?" Teaching The Memphis Civil Rights Movement Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza

Belmont Law Review

As the nation pauses to commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. on April 4, 1968, in Memphis, Tennessee, it is imperative that we study the epic civil rights history of Memphis which preceded this dreadful event, especially in the legal academy. Therapeutic Jurisprudence (TJ), with its focus on laws, legal processes, and legal actors, and the extent to which they can be therapeutic or antitherapeutic, is a fitting academic vantage point. The TJ repertoire of principles and techniques and the “genius loci,” a spirit of time and place which comes from the field …

A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria Hylton

Belmont Law Review

This paper explores public sector unions, unionized employee benefits, and public sector union member salaries in light of the Supreme Court's decision in Janus v. American Federation of State, County, and Municipal Employees. Three case studies are offered to support the argument that public sector unions exert too much influence over elected officials and taxpayers. A proposed solution is banning public sector unions.

Local Panel Discussion, Sam Jackson, Mary Beard, Karla Campbell, David Garrison, Ann Steiner, Jeffrey Usman

Belmont Law Review

Transcript of local panel discussion featuring Sam Jackson, Mary Beard, Karla Campbell, David Garrison, and Ann Steiner. The panel discussion was moderated by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law.

Modern Legal History Series Free Speech Discussion, Ari Cohn, Jeffrey Usman

Belmont Law Review

Transcript of interview. Ari Cohn was interviewed by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law. Cohn opens the interview by discussing his work with a nonprofit organization, FIRE. Later, he discusses the work done by FIRE's policy reform team. He speaks at length about freedom of speech issues on college campuses, referencing numerous cases, including Tinker v. Des Moines Independent Community School District and Hazelwood School District v. Kuhlmeier. The interview concludes with questions from the audience.

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Industry Panel, Jay Hardcastle, Andrew Mcdonald, Julie Watson Lampley, Kim Looney, Craig Stewart

Belmont Health Law Journal

A transcript of the Industry Perspectives panel discussion held during the Belmont Health Law Journal 2018 Symposium: “All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform”.

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #2, Jeff Yarbro

Belmont Health Law Journal

I'm going to talk a little bit about just the big changes in the way that we make healthcare policy at the state and local level. The daily barrage of political information, the shutdown scandals, the tweets and tantrums on Cable News, make it difficult to see what I think have been some pretty big shifts in the water that makes up the way that we actually make healthcare policy and maybe lots of other policy. And if we're going to continue on this pathway, where not only do we have an expansion/non-expansion divergence, then we have a work requirement/non-work …

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Government Panel Summary, Tony Hullender, Gabe Roberts, Christopher Sabis, Jane Young, Marc Overlock

Belmont Health Law Journal

On Friday February 9th, 2018, the Belmont Health Law Journal hosted a symposium entitled All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform. A panel of government lawyers representing various state and federal agencies and organizations took part in the symposium. The following is a summary of the discussion that took place.

America: Land Of The Shackled, Lauren Martin

Belmont Health Law Journal

This Note will demonstrate the detrimental effects of shackling a pregnant woman and will examine some of the efforts currently being made to prohibit the practice, as well as provide some suggestions for prohibitory legislation. Part II of this Note will discuss the background of this pervasive issue, both how it has been viewed by the courts and the ways in which it has been dealt with by state legislatures that have enacted anti-shackling laws. Part III of this Note will analyze the positions of those who support a ban on the use of restraints on pregnant inmates and detainees. …

Implementing 501(R): Has 501(R) Lived Up To Its Intended Purpose?, Brandon Huber

Belmont Health Law Journal

This Note proceeds in four parts. Part I steps back and takes a brief look at the history and background of federal tax law; specifically, as it relates to the hospital-specific requirements the IRS has placed on hospitals seeking to qualify or maintain taxexempt status over the years. Additionally, Part I discusses the incorporation and implementation of Section 501(r) into the Internal Revenue Code (“IRC”). Part II then explores the IRS’ enforcement of Section 501(r), including the IRS’ 2017 decision to revoke a “dual status” hospital’s tax-exempt status for non-compliance. Then, Part II will conclude by explaining how tax-exempt hospitals …

State Regulation Of Generic Drug Price Gouging, Philip Fitzgerald

Belmont Health Law Journal

This note acknowledges that the high cost of drugs, both generic and patented, is an important issue for patients and policy makers alike. This note focuses solely on generic drugs, as the rights of drug patent holders are protected by the Copyright Clause of the United States Constitution, which this note does not seek to address. Additionally, although the cost of drugs can be heavily impacted by Congress and federal regulatory agencies such as the Department of Health and Human Services and the Food and Drug Administration, this note will only look at the measures being taken by legislatures at …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, Table of Contents, Preface by Keith Rizzardi, Congratulatory letter from The Vatican, and selected excerpts from The Second International Conference on Climate, Nature, and Society for St. Thomas Law Review Volume 32, Issue 1, Fall 2019.

Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham

UIC Law Review

For any body of knowledge – an ark of power or a corpus of scholarship – to be studied and used by people, it needs to be accessible to those seeking information. Universities, through their libraries, now aim to make more of the scholarship produced available for free to all through institutional repositories. However, the goal of being truly open for an institutional repository is more than the traditional definition of open access. It also means openness in a more general sense. Creating a scholarship-based online space also needs to take into consideration potential barriers for people with disabilities. This …