Cornell University ILR School
Professor of History and Director of the Tanner Humanities Center at the University of Utah
Seattle University School of Law
Brooklyn Law School
Columbia Law School
University of Pennsylvania Carey Law School
University of Michigan Law School
California State University, San Bernardino
End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments,
2021
University of Cincinnati College of Law
End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel
University of Cincinnati Law Review
No abstract provided.
The New Managerialism: Courts, Positive Duties, And Economic And Social Rights,
2021
Boston College Law School
The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young
Boston College Law School Faculty Papers
An inseparable component of liberal constitutionalism is the respect accorded to so-called negative rights, which rest on duties of government restraint. But just as governments must have their hands tied, in this model, they must also work to secure rights, by actively and effectively planning, regulating, budgeting, and monitoring. These positive duties are particularly pronounced for so-called positive rights, which guarantee access to goods, services and opportunities such as social security, education, health care, land, food, water, sanitation, or to a clean environment. Of course, it is clear that so-called negative rights require both duties of commission and restraint; just ...
The Economics Of Class Action Waivers,
2021
University of Michigan Law School
The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier
Articles
Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings ...
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans,
2021
University of Pennsylvania Carey Law School
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani
Faculty Scholarship at Penn Law
This essay reviews Nate Holdren's "Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era" (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. "Injury Impoverished" illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.
Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter,
2021
Villanova University Charles Widger School of Law
Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones
Villanova Environmental Law Journal
No abstract provided.
Political Justice And Tax Policy: The Social Welfare Organization Case,
2021
University of Pittsburgh
Political Justice And Tax Policy: The Social Welfare Organization Case, Philip T. Hackney
Texas A&M Law Review
In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena—tax exemption. I also further that discussion by arguing that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision-making is the most fundamental ...
Bankruptcy & The Underwater Home: A Case For Real Property Redemption,
2021
University of Michigan Law School
Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld
Michigan Business & Entrepreneurial Law Review
Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue ...
Environmental Justice And The Disparate Impact Of North Carolina Industrial-Scale Hog Farming On Minority Communities (Adapted Transcription),
2021
University of St. Thomas, Minnesota
Environmental Justice And The Disparate Impact Of North Carolina Industrial-Scale Hog Farming On Minority Communities (Adapted Transcription), Barry Yeoman
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
How Tax Competition May Be Exacerbating Inequalities Among Washington Counties,
2021
University of St. Thomas, Minnesota
How Tax Competition May Be Exacerbating Inequalities Among Washington Counties, Fabio Ambrosio
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Lessons From Tenant Protection Provisions In Federal Financial Crisis Legislation,
2021
University of St. Thomas, Minnesota
Lessons From Tenant Protection Provisions In Federal Financial Crisis Legislation, Katy Ramsey Mason
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing,
2021
University of St. Thomas, Minnesota
Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Dark Economics & Inspiring The Human Spirit To Transform It,
2021
University of St. Thomas, Minnesota
Dark Economics & Inspiring The Human Spirit To Transform It, Kemet Imhotep, Bruce Corrie
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Pandemic Of Inequality: An Introduction To Inequality Of Race, Wealth, And Class, Equality Of Opportunity,
2021
University of St. Thomas School of Law, Minnesota
Pandemic Of Inequality: An Introduction To Inequality Of Race, Wealth, And Class, Equality Of Opportunity, Dr. Charles J. Reid, Jr.
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Founding Journal Advisor’S Welcome Message,
2021
Golden Gate University School of Law
Founding Journal Advisor’S Welcome Message, Jyoti Nanda
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
IMPORT OF THE RACE, GENDER, SEXUALITY, & SOCIAL JUSTICE LAW JOURNAL IN 2021
The launch of the Race, Gender, Sexuality and Social Justice Law Journal is no small feat and I applaud our student leaders for their fortitude in the middle of a year unlike any other. In 2020, our country underwent a national reckoning on race trigged by the unlawful death by police of several unarmed African American women and men while grappling with a global pandemic that halted life as we knew it. Our GGU law students, like all students everywhere, persevered – shifting to remote learning and remaining focused ...
Interim Law Dean’S Welcome Message,
2021
Golden Gate University School of Law
Interim Law Dean’S Welcome Message, Eric C. Christiansen
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Welcome to the inaugural issue of the Golden Gate University Race, Gender, Sexuality, & Social Justice Law Journal. There has never been a more appropriate or important time to inaugurate a journal dedicated to the law’s capacity to advance social justice than right now. And there is no better institution to inaugurate this new journal than Golden Gate University School of Law. Thank you to all our readers—now and in the years to come—who will help us move the values, principles, and ideas in this journal into communities and courtrooms in pursuit of equality and true justice.
Founding Managing Editor’S Welcome Message,
2021
Golden Gate University School of Law
Founding Managing Editor’S Welcome Message, Tiffany Avila
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
It is with great privilege and honor to introduce you to the GGU Gender, Race, Sexuality, and Social Justice Law Journal. This project started when my colleague, dearest friend and founding Editor-in-Chief, Silvia Chairez-Perez, approached me during our internship with the California Supreme Court Capital Central Staff. We were discussing how far we have come with the resources presented to us, and our motivation to provide a better pathway to underrepresented law students.
Founding Editor-In-Chief’S Welcome Message,
2021
Golden Gate University School of Law
Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Welcome! Thank you for visiting Golden Gate University’s Journal of Race, Gender, Sexuality, and Social Justice website. The Journal strives to provide race, gender, sexuality, and social justice practitioners, students, judges, and academics a platform to share their thought leadership via a born-digital format. We endeavor to publish legal scholarship of the highest quality.
A Critical Essay On A Treatise On International Development Law: A Coming Of Age,
2021
DePaul University
A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar
DePaul Journal for Social Justice
No abstract provided.
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits,
2021
DePaul University
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young
DePaul Journal for Social Justice
No abstract provided.
The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform,
2021
DePaul University
The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak
DePaul Journal for Social Justice
No abstract provided.
