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Making It Usable Again: Reviving the Nation’s Domestic Recycling Industry
Full text linkThis Article describes the major shortcomings of existing US federal, state, and local laws related to the recycling of solid waste; explains why these deficiencies are more costly to the US today than ever before; and identifies a set of specific policy strategies capable of supporting the development of a modernized, efficient, and profitable domestic recycling system. The Article ultimately recommends a multi-faceted approach to improving the nation’s domestic recycling programs that could ultimately usher in a new era of sustainable and cost-justifiable US recycling.
Section I of this Article describes the history and development of US recycling programs, outlining how the nation became highly dependent on China to process much of its recyclable solid waste and how new Chinese solid waste importation restrictions have created solid waste disposal crises across the US. Section II highlights how major gaps and deficiencies in existing US recycling policies have hindered the development of adequate domestic recycling infrastructures and systems. Section III examines various policies and actions that private companies, municipalities, states, and the federal government are now considering or employing in efforts to address the nation’s recycling crisis. Section IV then proposes several specific strategies capable of finally promoting the development of a cost-effective and sustainable domestic recycling system
The Dynamex Dichotomy and the Path Forward
Full text linkThe gig economy is a collection of markets that connects consumers with on-demand service providers (“gig workers”), and it has revolutionized the way in which consumers seek and receive services, such as transportation and household tasks. The ease of calling an Uber or Lyft, as opposed to hailing a cab, led to a decrease in arrests for driving under the influence in major cities. Similarly, it transformed the way in which many workers seek and perform work, as many gig workers enjoy flexibility and control over their work schedule. Gig workers can work for multiple platforms and also have authority over how much they work. Some have hailed that Uber and, more broadly, gig-economy work, represents the future of work, but this is a troubling proposition. Gig-economy work is largely founded on a model that relies on classifying most of its workforce as independent contractors who, as opposed to employees, do not receive benefits such as overtime or sick pay and are not covered by minimum-wage laws or workers’ compensation benefits.
The increasing prevalence of employers classifying their workers as independent contractors spurred a debate about when it is appropriate to employ independent contractors, as opposed to employees. In April 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court. Dynamex provided a new test for determining whether a worker should be classified an employee or an independent contractor. The new test provides increased protections against the misclassification of workers as independent contractors by creating a presumption of employee status. In September 2019, the California Legislature codified the Dynamex test and clarified its application by approving Assembly Bill 5 (“AB 5”).
This Comment posits that the Dynamex decision created a dysfunctional dichotomy by bringing many misclassified workers into the purview of the Industrial Welfare Commission’s (“IWC”) Wage Orders, while excluding the same workers from other protections and benefits that employees are entitled to under the Labor Code. By codifying the “ABC” Test into the Labor Code, AB 5 corrected some of the inconsistency that Dynamex created. Nevertheless, while Dynamex and AB 5 provide a critical framework for combating misclassification and the resulting worker exploitation, this Comment argues that they fall short of bringing misclassified independent contractors into the purview of the most important employee right: collective bargaining.
Accordingly, this Comment proposes a framework that would afford misclassified independent contractors the right to collectively bargain with the party employing them. This Comment explores the potential for a statewide labor relations scheme specifically for independent contractors, as well as the guild model as pathways for collective bargaining. Part I defines the problem of independent contractor misclassification and provides an overview of the Dynamex decision, relevant background, and subsequent decisions interpreting Dynamex. Part II highlights the shortcomings of Dynamex in adequately addressing the independent contractor problem. Part III discusses Assembly Bill 5 as a promising solution to combating misclassification. Finally, Part IV provides recommendations for a path to collective bargaining for workers misclassified as independent contractors
A SEAT AT THE TABLE: WHY YOU DESERVE IT, BUT YOUR BRAIN MIGHT BE TELLING YOU OTHERWISE
Full text link“Are you frequently worried about making mistakes and frustrated because your work is not perfect? Do you suspect you will never be smart enough or good enough no matter how successful you already are? Do you often attribute your success to luck, chance, or anything else except your own talent and hard work?” If you answered yes to any of these questions, it could indicate that you suffer from imposter syndrome.
Imposter syndrome can be described as, an internal experience of intellectual phoniness… result[ing] in people feeling like they lack the skills, knowledge, and/or competence to do their jobs despite years of education, training, and recognition. Three characteristics often associated with imposter syndrome are: 1) denial of competence and inability to internalize success; 2) feelings of phoniness; and 3) fear of being exposed as a fraud
Web of Incarceration: School-Based Probation
Full text linkClose to three quarters of a million cases flow through the United States’ juvenile justice system annually. Juvenile probation is the most commonly utilized form of sentencing, yet juvenile probation has not been the focus of sustained research or analysis. This Article focuses on School-Based Probation, a type of juvenile probation program that was created to enroll youth before a criminal charge has been filed. Described by its proponents as a “voluntarily probation” program, pre-delinquent, or “at-risk,” youth are identified by on-site school probation officers and enrolled in a supervised program. Deemed to be problematic by many jurisdictions, this Article critiques the School-Based Probation’s flaws in structure, design, and execution, suggesting such programs fail to serve their ostensible purpose of promoting youth safety and balancing risk. By examining how this kind of program operates, this Article provides a glimpse into the larger scheme of juvenile probation practices. Moreover, the Article reveals just how wide the carceral web has been woven. Beyond mere policing of youth in school spaces, this School-Based Probation ensnarls innocent children into a web of incarceration. Although juvenile probation is frequently invoked as positive alternative to juvenile incarceration, the Author argues that juvenile probation should instead be analyzed as part of the continuum of excessive penal control in America
The Essence in Raising Awareness of the San Francisco Ombudsman Long-Term Care for Elders
Full text linkThe San Francisco Long Term Care Ombudsman Program (SFLTCOP), also known as the Felton Institute, receives, responds to and investigates complaints made by residents, family members and anybody else concerned about the well-being of a resident. Long Term Care Program could trace back as far as the post-World War II, and since 1970s to late 80s, research on the long term care program had been very limited and few actually drew attention of the society until nursing home scandals and the spark of awareness of the long term care ombudsman program (LTCOP) had drawn governmental studies in the 1990s. This research addresses the origin of the issues raised and examine the function and validity of the SFLTCOP, as well as to look into the Elderly Care section and asks questions about the impact of the work done from recent attack on Asian Elderly and any future plan to ensure the confidence of the program among local communities. Study will be conducted through literature research, surveys, utilizing online tools, and carrying out interviews with the local Ombudsman office and care centers to gain historical insight, and the importance of its existence in order to provide a more efficient and effective service to the local community
Attacking the Main Causes of Homelessness in the City of Fresno
Full text linkConcerns for the homeless population remain a hot topic between the general public, service providers, and policymakers, not only at the national and state level but also locally in the City of Fresno, Ca. If the City of Fresno implemented an aggressive campaign of treating the main causes of homelessness, then the number of unsheltered individuals living in the City of Fresno would be reduced. If a program deploying mental health professionals directly to affected individuals is implemented, if a program getting substance abuse counselors out to the affected individuals is employed, and if a program option for in-patient treatment for the severely mentally ill and chronically homeless is introduced, then the number of unsheltered individuals living in the City of Fresno would be reduced. Relevant literature in this study shows that the percentage of homeless that suffer from mental illness, substance abuse, or both is high (North et al., 2004). The research methods used for this study were through personal contact, interviews with subject matter experts, in-person surveys with a sample of the target population, and ethnological data gained through observation. The Theory of Change and all three assumptions were validated by both subject matter experts and a sample of the target population. This study further recommends the need for more outreach and engagement (O&E) activities to help this very vulnerable population
An Absolute Deprivation of Liberty: Why Indigents’ Wealth-based Discrimination Claims Brought Under the Equal Protection Clause Should Be Subject to Intermediate Scrutiny
Full text linkThis Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how the Eleventh Circuit panel arrived at its holding and consequently created a split among the federal circuit courts that is yet to be resolved.
This Comment further argues that the Eleventh Circuit’s decision in Walker is erroneous. Part IV will outline why the Eleventh Circuit should have applied intermediate scrutiny to Walker’s wealth-based discrimination claim, and highlights the fallacious logic the court employed in reaching its holding. Additionally, this section will also argue that Walker sets a harmful precedent for indigent defendants. Wealth-based discrimination claims concerning an indigent’s pretrial liberty are categorically different from other wealth-based discrimination claims which don’t concern a liberty right. As such, these claims should be analyzed with a heightened level of scrutiny beyond mere rational basis review
THE FUTURE OF THE SAFE RULE AND ACHIEVING MORE CLIMATE-FRIENDLY CAFE REGULATIONS
Full text linkOn April 30, 2020, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) issued a final rule called the “Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021-2026 Passenger and Light Trucks” (“SAFE Rule”) to amend the Corporate Average Fuel Economy (“CAFE”) ratings. CAFE standards are regulations first enacted nearly fifty years ago to promote greater fuel efficiency in car manufacturing through a system of incentives and penalties. While the CAFE standards have been revised many times over the years, the SAFE Rule rolled back the more stringent 2012 CAFE standards that sought to align fuel efficiency with broader strategies to reduce greenhouse gas (“GHG”) emissions to address global climate change. Now that President Biden has taken office, the SAFE Rule is undergoing review, which may result in a return to more stringent standards. However, even with a regulatory fix, the use of CAFE standards to combat climate change is likely to remain problematic.
This comment will explore the history of the CAFE standards and the SAFE Rule as they relate to efforts to promote fuel efficient vehicles and reduce GHG emissions. This begins with a brief overview of the CAFE standards, including the roles of the EPA and the NHTSA in administering the standards, why the CAFE standards were created, and how this relates to the regulation of GHG emissions to address climate change. Next, this comment will evaluate how past legal challenges have influenced the CAFE regulations and how the SAFE Rule fits into the resulting regulatory and legal framework. Finally, this comment will discuss how the Biden administration can respond to the SAFE Rule, and what this might mean for the future of fuel-efficient vehicles and the increasingly urgent need to reduce GHG emissions to address climate change
Online Learning in a Global Pandemic, Intimate Details & Prying Government Eyes: When What Was Once Private is Thrust into the Public Sphere The Story of KaMauri Harrison
Full text linkA global pandemic has morphed the traditional in-person classroom into a virtual one, leaving vestiges of strict classroom rules and decorum clashing with home privacy expectations. So is the case of Ka’Mauri Harrison, a 9-year-old Louisiana boy suspended for moving a BB gun while on screen during online class. Ka’Mauri’s parents and attorney maintain the boy only moved the BB gun to prevent his little brother from accessing it. However, Ka’Mauri’s teacher thought the BB gun was a real gun and reported him to the principal. Ka’Mauri was not only suspended from school, but also recommended for expulsion