Social Welfare Law Commons^™

Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, Jd

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Compassion: A Critical Skill For Law Students, Stephanie Smith Ledesma, Ma, Jd, Cwls

Marquette Benefits and Social Welfare Law Review

No abstract provided.

School-To-Prison Pipeline, Haley Walker

Marquette Benefits and Social Welfare Law Review

This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators reforming the juvenile justice system from rehabilitative to punitive over the years in an attempt to hold delinquent youth accountable for their actions. Federal statutes have been enacted and federally funded programs have been implemented that seek to address the mental health crisis in today’s youth and keep mentally ill youth out of the juvenile justice system. This …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022

Marquette Benefits and Social Welfare Law Review

This Note argues that Title VII should apply to uniformed military members following the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Foremost, the current intra‑military remedies uniformed military members may bring a discrimination claim pursuant fail to effectively combat discrimination in the United States military due to several critical deficiencies. This Note demonstrates that the defects within the current intra‑military remedies tacitly permit, rather than discourage, discriminatory conduct.

This Note then examines why the military has historically resisted civilian reform measures to the military justice system. During this examination, this Note argues that …

Protecting The Protectors: Preserving And Enhancing The Rights Of Legal Observers, Erica D. Lunderman

Marquette Benefits and Social Welfare Law Review

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Let Go Of Your Sexual Privacy Or Be Let Go? The Woe Of Public Employees, Sofya Bakradze

Marquette Benefits and Social Welfare Law Review

The issue of sexual freedom as a subset of the general right to privacy, while not novel, is still highly controversial both legally and socially. The Circuit Courts of Appeals have yet to agree whether the leading case on the issue, Lawrence v. Texas, 539 U.S. 558 (2003), affirmatively established the fundamental right to sexual privacy. The answer to this question means the difference between a world where off-duty sexual conduct stays private and respected by the government employers and a world where a public employee can be terminated without due process for his or her intimate activities. As a …

One For All? The Use Of Anencephalic Newborns As Organ Donors, Meaghan Mctigue

Marquette Benefits and Social Welfare Law Review

It is a late night in a Wisconsin hospital when a birthing team assembles in an operating room for the birth of a little girl. Unlike the events that surround most births, there was no baby shower, no painstaking assembly of a crib, nor a college fund set-up in preparation of the future. This newborn baby girl is an anencephalic newborn. Her entire life will be only minutes or hours long. However, her parents seek to make her impact last far longer than that with the donation of her organs and tissues. They seek to help those like a little …

Predictive Scheduling Is Trending: Is Milwaukee Next?, Kelly J. Lyden

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Title Iii Of The Libertad Act: Proceeding In The Absence Of True Liberty, Luis D. Gutierrez

Marquette Benefits and Social Welfare Law Review

No abstract provided.

How Twenty-First Century Technology Affects Inmates' Access To Prison Law Libraries In The United States Prison System, Kelsey Brown

Marquette Benefits and Social Welfare Law Review

In today’s generation America is open 24 hours, 7 days a week. Americans live in an open-all-night society, where with one click, one can buy groceries, watch a 3D movie, bowl a perfect game, and eat pizza all at two in the morning without ever leaving his or her living room. Therefore, is not a stretch to imagine a single digital device, such as a computer or phone, that could hold thousand, if not, millions of books with topics ranging from comedy, fiction, nonfiction, business, cooking, fitness, etc. But most importantly, and one of the focuses of this Comment, are …

Advancing A Feasible Solution To Cross-Border Employment Enforcement Mechanisms, Alina Veneziano

Marquette Benefits and Social Welfare Law Review

This study analyzes the prior and current practice of the judiciary in deciding cases of extraterritorial applications of U.S. anti-discrimination statutes, such as Title VII, the ADA, and the ADEA. Specifically, it analyzes when and to what extent courts have applied the protections of these Acts to foreign elements. In 1991, Aramco held that legislation of Congress, unless a contrary intent is shown, is meant to apply only within the territorial borders of the United States. Because of the congressional silence in Title VII, the Supreme Court in Aramco dismissed the case even though it involved a claim of discriminatory …

The Perils Of Self-Directed Iras, Kathryn Kennedy

Marquette Benefits and Social Welfare Law Review

Individual retirement accounts were created in 1974 as tax-sheltered retirement savings for employees whose employer did not offer an employer-provided retirement vehicle. Since then, they have been used primarily as rollover vehicles, such that amounts accumulated under employer-provided retirement plans can be rolled over into an individual retirement account. This Article examines the perils involved with a rollover IRA owner decides to invest his IRA assets in non-traditional assets.

Table Of Contents

Marquette Benefits and Social Welfare Law Review

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Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff

Marquette Benefits and Social Welfare Law Review

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers’ compensation statutes, one state has implemented, and others are considering, a dispute resolution model in which employers are explicitly authorized to “opt out” of coverage. “Alternative benefit plans,” created under such statutes, permit employers to, among other things, unilaterally and without limitation designate private fact-finders, whose conclusions are subject to highly deferential judicial review. This model is arbitration on steroids. While …

High Prices In The U.S. For Life-Saving Drugs: Collective Bargaining Through Tort Law?, Paul J. Zwier

Marquette Benefits and Social Welfare Law Review

Sudden exorbitant price hikes to patients who have long taken life-saving drugs are more and more common in today’s pharmaceutical market. The anxiety caused to patients who have been prescribed these drugs by their doctors is predictable and severe. Even when initially covered by insurance or through government programs, patients and their families can soon be made destitute by the high copays or caps on payments. This Essay argues that those who buy up life-saving drugs and decide to raise their prices, despite their knowledge of the consequences to patients, are committing the torts of intentional infliction of emotional distress …

Protective Plan Provisions For Employer-Sponsored Employee Benefit Plans, Kathryn J. Kennedy

Marquette Benefits and Social Welfare Law Review

Federal case law has provided plan sponsors of the

Employee Retirement Income Security Act of 1974 (ERISA)

covered plans with the ability to insert plan provisions that are

more favorable to the plan sponsor rather than the plan

participant or beneficiary (so-called “protective plan provisions”).

This Article first examines what is the “plan document” for

purposes of ERISA and what protective plan provisions should

be considered for insertion into the plan document and its

related “instruments.”

A Time To Fly And A Time To Die: Suicide Tourism And Assisted Dying In Australia Considered, Hadeel Al-Alosi

Marquette Benefits and Social Welfare Law Review

In the United Kingdom, a series of high-profile court cases have led the Director of Public Prosecutions to publish a policy clarifying the exercise of its discretion in assisted suicide. Importantly, the experience in the United Kingdom serves as a timely reminder that Australia too should formulate its own guidelines that detail how prosecutorial discretion will be exercised in cases of assisted suicide. This is especially significant given the fact that many Australian citizens are traveling to jurisdictions where assistance in dying is legal. However, any policy should not distract from addressing law reform on voluntary euthanasia. Australian legislators should …

The Unintended Pregnancy Crisis: A No-Fault Fix, Eric Lindenfeld

Marquette Benefits and Social Welfare Law Review

There is an ongoing and concerning public health problem in the United States relating to unintended pregnancies. Despite the fact that women consistently express dissatisfaction with existing contraception methods, the availability of cutting edge technologies remains stagnant. This paper argues that the threat of liability in the form on product liability lawsuits dissuades contraceptive manufacturers from innovating. This paper proposes a no-fault fix to the problem modeled around the National Childhood Vaccine Act of 1986.

Allowing States To Help Workers Safe For Retirement: Department Of Labor's Proposed Rulemaking That Provides A Safe Harbor For State Savings Programs Under Erisa, William A. Nelson

Marquette Benefits and Social Welfare Law Review

There is a “retirement crisis” in America. Contributing to

this crisis is the fact that millions of Americans do not have

access to a retirement savings plan through their employers.

States, concerned with the economic stability of their citizens,

have created laws that require private sector employers to

implement state-administered payroll deduction IRA programs

in their workplaces. Even though many states are currently

debating whether to adopt state payroll deduction programs,

this Article will focus on Oregon, Illinois, and California, which

have enacted laws along those lines.

One obstruction to wider adoption of such state measures

has been uncertainty about …

Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou

Marquette Benefits and Social Welfare Law Review

The psycho-legal concept of “rights apathy” is developed in

this Essay as an underlying factor of the very low rate of

incidence of workplace discrimination lawsuits filed in China,

despite an increasingly elaborate legal framework “on paper”

and workers’ rising awareness of their legal rights under

anti-discrimination laws. “Rights apathy” is underpinned by the

notions of “frustration” and “learned helplessness,” depicting the

indifference of workers in exercising their legal rights before a

tribunal or court. A number of institutional problems, namely

defects in existing anti-discrimination provisions, judicial

practices, and contradictions in other laws, policies, and

practices, can contribute to the …

Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, Alexandra A. Klimko

Marquette Benefits and Social Welfare Law Review

Wisconsin, once known as “The Gay Rights State” and a

pioneer of the LGBTIQ+ civil rights movement, has

disappointingly failed to create transgender-inclusive

employment discrimination legislation, much like the majority of

American states. As a result, Wisconsin transgender employees

face shocking workplace discrimination with saddening

repercussions felt by transgender individuals who call Wisconsin

home. This Comment identifies the federal, state, and city

approaches that have extended equal employment

discrimination legal protections to transgender workers in the

United States. Further, this Comment urges the Wisconsin

legislature to incorporate “gender identity or expression” to

Wisconsin’s Fair Employment Act as a non-discrimination

category, …

Finding The Middle Ground On A Slippery Slope: Balancing Autonomy And Protection In Mandatory Reporting Of Elder Abuse, Benjamin Pomerance

Marquette Benefits and Social Welfare Law Review

Millions of older Americans suffer from physical, mental, emotional, or financial abuse. Frequently, their abusers are family members, close friends, or other individuals who occupy positions of trust in their elderly victims’ lives. Unfortunately, due to a variety of factors, elder abuse is a tragically underreported crime. Experts estimate that for every case of elder abuse revealed to law enforcement authorities, five more cases go unreported, allowing the abuse to continue unchecked.

To combat this secrecy surrounding elder abuse, federal and state lawmakers enacted statutes requiring certain people— or, in some jurisdictions, all people—to report instances of suspected elder abuse …