University of Miami School of Law
Georgetown University Law Center
Washington University School of Law
Seattle University School of Law
Cornell University Law School
Universidad de La Salle, Bogotá
Columbia Law School
William & Mary Law School
University of Minnesota Law School
How Should Inheritance Law Remediate Inequality?,
2022
University of Cincinnati College of Law
How Should Inheritance Law Remediate Inequality?, Felix B. Chang
Faculty Articles and Other Publications
This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.
Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.
T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.
Professional Speech At Scale,
2022
Case Western University School of Law
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Faculty Publications
Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause ...
Employment Status For “Essential Workers”: The Case For Gig Worker Parity,
2022
Saint Louis University School of Law
Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry
All Faculty Scholarship
This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...
Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive,
2022
Boston University School of Law
Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive, Linda C. Mcclain, Brittany K. Hacker
Faculty Scholarship
Liberal feminism remains a significant strand of feminist jurisprudence in the U.S. Rooted in 19th and 20th century liberal and feminist political theory and women’s rights advocacy, it emphasizes autonomy, dignity, and equality. Liberal feminism’s focus remains to challenge unjust gender-based restrictions based on assumptions about men’s and women’s proper spheres and roles. Second wave liberal legal feminism, evident in Ruth Bader Ginsburg’s constitutional litigation, challenged pervasive sex-based discrimination in law and social institutions and shifted the Supreme Court’s interpretation of the Equal Protection Clause to a more skeptical review of gender-based classifications ...
Vulnerable Populations And Vaccine Injury Compensation: The Need For Legal Reform,
2022
Case Western University School of Law
Vulnerable Populations And Vaccine Injury Compensation: The Need For Legal Reform, Katharine A. Van Tassel, Sharona Hoffman
Faculty Publications
This chapter argues that the potential for vaccine-related harms raises acute concerns for vulnerable populations. These harms have a disparate impact on low-income people, who are disproportionately non-White, and who have limited financial resources to obtain medical care, weather job losses, and pursue injury compensation. When a vaccine is given as a countermeasure during a declared public health emergency (PHE), the problem is acute because of the limited availability of injury compensation.
Judges In Lawyerless Courts,
2022
S.J. Quinney College of Law, University of Utah
Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark
Utah Law Faculty Scholarship
The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.
Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power ...
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States,
2022
University of Pittsburgh School of Law
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...
Climate Justice And The Etos,
2021
Dalhousie University Schulich School of Law
Climate Justice And The Etos, Sara L. Seck
Articles, Book Chapters, & Blogs
This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of ...
Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data,
2021
University of San Diego
Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo
Dissertations
In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.
To address ...
Masthead,
2021
University of California, Hastings College of the Law
Foreword,
2021
University of California, Hastings College of the Law
Foreword, Rebecca Odelson, Sharon Lui-Bettencourt
Hastings Race and Poverty Law Journal
No abstract provided.
Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy,
2021
University of California, Hastings College of the Law
Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang
Hastings Race and Poverty Law Journal
Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such denial is not only disingenuous and inaccurate, but also highly detrimental to legal education, perpetuating a system that discourages and devalues the contributions and efforts of minority students.
Learning style preferences are a product of a student’s cultural background. Legal educators who recognize this and adapt their teaching methods to accommodate the modal preferences ...
California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change,
2021
University of California, Hastings College of the Law
California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk
Hastings Race and Poverty Law Journal
While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live ...
Operating Within Systems Of Oppression,
2021
University of California, Hastings College of the Law
Operating Within Systems Of Oppression, Karissa Provenza
Hastings Race and Poverty Law Journal
No abstract provided.
Masthead,
2021
University of California, Hastings College of the Law
El Salvador: Root Causes And Just Asylum Policy Responses,
2021
University of California, Hastings College of the Law
El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo
Hastings Race and Poverty Law Journal
Throughout the course of United States history, there has often been a chasm between our ideals as a country, and our actions. Our foreign policy and immigration policy have been no exception – frequently betraying our stated commitment to democracy, respect for human rights, and protection of the persecuted. This article takes a close look at El Salvador, whose nationals make up a significant number of asylum seekers at our border. Our foreign and immigration policies towards El Salvador are illustrative of that gap between ideals and reality. We supported a brutal military during that country’s civil war, and adopted ...
From The Editor-In-Chief,
2021
University of California, Hastings College of the Law
From The Editor-In-Chief, Liliana A. León Rivera
Hastings International and Comparative Law Review
No abstract provided.
Masthead,
2021
University of California, Hastings College of the Law
A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations,
2021
University of California, Hastings College of the Law
A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice De Jonge
Hastings International and Comparative Law Review
This paper uses a comparative method to analyze China’s evolving Social Credit System (SCS) for corporations, and the political discourse used to portray SCS as a governance tool facilitating Corporate Social Responsibility (CSR) with Chinese characteristics. A modified relational governance framework is used. The importance of relationships (guanxi) in the Chinese business context is that it makes a modified form of the relational governance perspective uniquely appropriate. This study also draws upon evolving literature examining the role of artificial intelligence (AI) in international business contexts.
China’s corporate SCS is explicitly designed to evaluate corporate behavior through a “scoring ...
Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model,
2021
University of California, Hastings College of the Law
Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque
Hastings International and Comparative Law Review
Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.
As a consequence of this new law, many product markets show a ...
