Law and Society Commons^™

A Brown Buffalo’S Observations On Color (Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero Ii

Utah Law Review

This Essay is a series of observations about interrogating and complicating the meaning of color for all of us who call the Rocky Mountain West home. These observations are divided into three sections. First, in Part II, I explore what has long been the defining feature of race relations in the Rocky Mountain West—the persistent tension between the region as a racial utopia free from de jure racial inequities and the legacy of state-sanctioned racial violence and deep-rooted nurturing of White supremacy. Trekking through some of the legalscapes of property, state constitutional, civil rights, and martial law, this section spotlights …

Dei In The Legal Profession: Identifying Foundational Factors For Meaningful Change, Robert Razzante, Breanta Boss

Utah Law Review

In this Essay, we offer a critical communication pedagogy as one particular framework for using dialogue “a process of sensitive and thorough inquiry . . . to (de)construct ideologies, identities, and cultures.”70 Such an educational space can serve as an outlet for students to process their cognitive dissonance regarding difference at the intrapersonal level—our fourth factor. Intrapersonal factors, such as cognitive dissonance, if not affirmed and processed, can lead to the continual questioning of one’s place within law school and the legal profession—a continual feeling of imposter syndrome.

Filing While Black: The Casual Racism Of The Tax Law, Steven A. Dean

Utah Law Review

The tax law’s race-blind approach produces bad tax policy. This essay uses three very different examples to show how failing to openly and honestly address race generates bias, and how devasting the results can be. Ignoring race does not solve problems; it creates them. ProPublica has shown, for example, that because of the perils of filing income taxes while Black, the five most heavily audited counties in the United States are Black and poor.

The racial bias long tolerated—and sometimes exploited—by tax scholars and policymakers affects all aspects of the tax law. In 1986, Sam Gilliam was denied tax deductions …

Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, Phyllis Taite, Nicola "Nicky" Boothe

Utah Law Review

Law schools must recognize and seek to remove the barriers to teaching cultural competence and DEI and provide appropriate training and workshops for law professors. Providing law professors with the tools to integrate cultural competency into existing curricula is a first and crucial step to ensure that law professors are well-versed in both their own cultural competency, and in the ability to provide cultural competency training to their students. The culturally competent student will become a culturally competent lawyer with the skillset to make impactful contributions towards DEI in and beyond the practice of law.

Creating Broadband Equity In Rural Wisconsin, Brian T. Coe

Marquette Benefits and Social Welfare Law Review

Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …

No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …

Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish

Marquette Benefits and Social Welfare Law Review

This paper argues utilizing certification marks in the fight against wage theft is a powerful consumer-side approach to the wage theft crisis, building public attention, fostering a social norm against wage theft, bolstering current approaches to the crisis, and spurring meaningful political action. Current approaches to the wage theft cri-sis are floundering, and certification marks, a subset of trademarks “used to show . . . goods and[] services . . . meet certain standards,” offer a unique approach to the problem. By highlighting certification marks’ unique attributes, showcasing other labor movements’ suc-cessful adaptation of certification marks, and utilizing a hypothetical …

Equal Opportunity In Remote Learning, Teramie Hill

Marquette Benefits and Social Welfare Law Review

Students with disabilities have always been a marginalized group. During the Covid-19 pandemic, this group was even more vulnerable to discrimination because many students simply could not receive services required to ensure equal opportunity in education. While Congress passed the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities in Education Act in order to ensure students with disabilities are fairly treated in the educational system, remote learning has created complications and more complex issues. Making this issue even more complex, many parents are demanding the end of remote learning while others …

Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz

Dissertations, Theses, and Capstone Projects

Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …

Holding States Accountable For Harmful Algal Blooms: Florida's Water Crisis In Focus, Jason Totoiu, Jaclyn Lopez

University of Florida Journal of Law & Public Policy

Scientists generally agree that agricultural runoff is a principal source of nutrient pollution in the United States. Intensive agricultural practices have resulted in decades of phosphorus and nitrogen accumulating in the natural system which continue to contribute substantially to nutrients entering watersheds. Coupled with failed water quality control measures, this water pollution has led to some of the worst harmful algal blooms (HABs) in recorded history. These nonpoint sources need to be addressed to restore and protect water quality.

Florida’s Lake Okeechobee watershed provides an apt case study. Commonly referred to as the “liquid heart” of the Everglades, the lake …

Hidden In Plain Sight: Two Models Of Medicare Privatization, Hannah Ruth Leibson

University of Florida Journal of Law & Public Policy

Medicare and private insurance are often cast as diametrically opposed forces. This framing is not only inaccurate, but it obscures the dynamic relationship that has existed between these entities for several decades. Private insurers have been playing an active role in Medicare delivery since its passage in 1965, and their role has expanded over time.

This Article seeks to illuminate the way privatization has impacted Medicare and what current privatization policy choices mean for its future. This Article draws from the copious literature on government administration and privatization to explain two key models of privatization within the Medicare program. Highlighting …

The Pro-Choice Case For Overturning Roe V. Wade: A New Constitutional Home For Reproductive Rights, Jordan Grana

University of Florida Journal of Law & Public Policy

Reproductive rights, despite their white-hot controversial nature in the last decades of American politics and their life-changing impact on those who are denied such rights, are a constitutional anomaly. More than any other right forced to take shelter with the right to privacy in the Fourteenth Amendment’s cramped Due Process Clause, reproductive rights are in danger of losing their federal constitutional protection. This Note posits that pro-choice activists must abandon Roe v. Wade and its progeny––not because the cases are wrong, but simply because they are unlikely to survive much longer. Instead, the goal of preserving access to reproductive rights …

Black Culture Is "Professional": Causation After Bostock & Racial Stereotypes, Adriante Carter

University of Florida Journal of Law & Public Policy

Employment discrimination has progressed past the days of overt prejudices. In today’s society, employment discrimination manifests as stereotypes that perpetuate negative results. Those who suffer from stereotypic discrimination have long been denied redress for these wrongs. The U.S. Supreme Court’s decision in Bostock, this Note argues, is a way forward. This Note argues that case law has developed, and should continue to develop, in a way that recognizes racial stereotyping as discriminatory. This Note explores the history of this case law and examines how the theory of causation from Bostock can be used to better the jurisprudence on racial …

Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam

The Indonesian Journal of Socio-Legal Studies

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …

Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Front Matter

Canadian Journal of Family Law

No abstract provided.

La Réception Au Québec Des Gestations Pour Autrui Délocalisées : La Filiation Post-Tourisme Procréatif En Mal D’Institution, Harith Al-Dabbagh

Canadian Journal of Family Law

L’essor de la gestation pour autrui transnationale, ces dernières décennies, a soulevé à l’égard du droit international privé des questions souvent épineuses. Au Québec, l’illicéité des conventions de mères porteuses a eu pour corollaire de pousser un certain nombre de couples en mal d’enfant à recourir à cette pratique à l’étranger où la loi locale l’autorise. La question est alors de savoir si l’enfant, né au terme de ce processus, peut voir sa filiation établie à l’égard du parent d’intention dépourvu du lien filial avec l’enfant. Après quelques tergiversations, la jurisprudence a admis, au nom de l’intérêt de l’enfant, …

(Mis)Recognition Of Customary Marriages: A Comparative Analysis Of Canadian And South African Family Law, Corbin W. Golding

Canadian Journal of Family Law

This paper explores the methods of recognizing customary marriages conducted between Indigenous participants within Canada and South Africa, respectively. It primarily focuses on the functional and philosophical consequences of these methods on the validity of the customary marriages. This paper begins by establishing the problem of misrecognition, which is an injustice that devalues and dehumanizes marital relationships that differ from the European norm. It then turns to an analysis of the forms of recognition in both Canada and South Africa. The former is examined through an investigation of historical case law and more recent constitutional issues, while the latter analysis …

The Influence Of Landmark Judgments And Statutory Changes On The Family Litigation Explosion: A Citation Network Analysis, Joseph Hickey, Lyndsay Campbell, Jörn Davidsen

Canadian Journal of Family Law

Family law in many countries has changed radically since the 1960s. However, despite family law’s central importance, few detailed quantitative analyses of the relationship between legal developments (landmark judgments and statutory changes) and the amount and subject of family litigation have been made. We examine this relationship using a unique dataset of citations among Canadian family law judgments from all levels of the court hierarchy. The network analysis draws attention to significant changes in law and legal practice over time. Not only did litigation increase overall, but the number of judgments involving multiple legal issues grew dramatically in the mid-1990s, …