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Capriole v. Uber Technologies Inc.: The Court Split over the Interstate Commerce Worker Exemption of the Federal Arbitration Act
Full text linkThis case note analyzes Capriole v. Uber Techs., Inc., 460 F. Supp. 3d 919 (N.D. Cal. 2020) aff’d, 7 F.4th 854 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit held that rideshare drivers who are employed as independent contractors do not qualify as interstate commerce workers within the meaning of the Federal Arbitration Act (FAA). Those who qualify as interstate commerce workers are exempt from certain arbitration requirements under the FAA. Because the court found that rideshare drivers do not qualify for this classification, rideshare drivers who want to complain about certain aspects of their employment contracts with Uber—such as low pay and the absence of a requirement that Uber pay minimum wage—must arbitrate their claims according to the terms of their employment contracts. The court’s decision relied principally upon United States v. Yellow Cab Co, a 1947 decision by the U.S. Supreme Court, which held that taxicabs that occasionally transport passengers to and from railroad stations only engage in “casual and incidental” interstate commerce insufficient to qualify for the FAA exemption. However, courts in other jurisdictions have come to the contrary conclusion that drivers do qualify for the interstate commerce worker exemption. This Note argues that the court split should be resolved, optimally through the federal legislature
A Study of Prevailing Views on Death Penalty as a Deterrence of Crime in Texas
Full text linkSince the beginning of time, there has been questions as to what constituted an appropriate level punishment for committing crime. The death penalty is a controversial topic often touching on morals, rights and the administration of justice. It is the ultimate and the most severe punishment imposed by the laws of death penalty states, including Texas. Once carried out, it cannot be undone. Today, 27 states currently impose the death penalty. Of these 27 states, many have not had an execution in over a decade, to include California (Gramlich, J., 2019). Putting aside the arguments for and against this practice and its financial cost to state governments, this study delved into whether its citizens and local officials believe the death penalty serves to deter crime in the State of Texas. Therefore, if the use of the death penalty results in fewer crimes, then the death penalty should continue as part of the Texas Penal Code. This research paper reviewed the brief history of the death penalty and how this process was then redrafted. Past studies focused not on beliefs, but on whether the death penalty deterred crime; however, they have been inconclusive. Through interviews with local law enforcement officials, Criminal District Attorney’s (DAs), and surveys administered to local community members, popular views and themes have been identified and analyzed. This research project explored how the death penalty came to be, its effect on society, whether or not it served as a deterrence to violent crime, and if the public supported such an irreversible punishment
Enhancing Post-Adoption Support Services for Adoptive Families
Full text linkThis research paper focuses on the support services that are provided to adoptive families once adoptions have been finalized. To make the transition and assimilation as easy as possible, there are post-adoption support services that are provided to families. The goal of post-adoption support services is to ensure that children and the adoptive families adjust to the new life and environment for the adoption to be successful. Research literature, surveys, key informant interviews and first person observations were used to inform this study in that I learned, the impacts of improving post-adoptive support services to adoptive families. The research was conducted through a mixed method of both qualitative and quantitative data that was gathered through surveys and key informant interviews with SMEs, community-based organizations, and other key adoption support agencies as well as conversations with adoptees. The goal of this study is to analyze post-adoption services and the impacts they have on adoptive families and adoptees
High Winds, Red Flag Warnings, and Active Power Lines: a Recipe for Disaster and Just Compensation
Full text linkLet’s imagine, you bought your dream home with a beautiful, spacious backyard. The backyard is bordered off with a wooden fence. Beyond the fence, lies an open green field with tall, brown power lines. One day, the weather brings heavy wind, blowing at twenty to twenty-five miles per hour. The National Weather Services issued a red flag warning and provided notice to the local electric company days before. The power lines were not shut off.
Suddenly, debris starts to fly in the air. Tree branches start to break off and spin in the air. The debris and branches come into contact with the electrical poles and ignite a fire. Immediately, the fire starts to spread across the open space and—into your neighbors’ and your backyard.
Now, all of your vegetables and plants are destroyed, your wooden pool deck has disintegrated to fibers, and your lovely bedroom is destroyed. What legal claim(s) may be available
COMMENT: IS OUT-OF-STATE TUITION UNCONSTITUTIONAL AND COULD REMOVING IT EASE THE UNITED STATES’ STUDENT DEBT CRISIS?
Full text linkThis article argues that for the good of the nation the discriminatory practice of charging out-of-state tuition should be ceased and that under the Privileges and Immunities Clause, as well as the Fourteenth Amendment, this practice has violated the law for decades
COMMENT: TOXIC: THE CASE OF BRITNEY SPEARS SHEDS LIGHT ON ISSUES WITH CALIFORNIA CONSERVATORSHIP LAWS
Full text linkA conservatorship is a legal arrangement in which one person is responsible for the affairs of another, presumably because that person cannot manage alone. Britney was one of the estimated three million adults in the United States who cannot make decisions about their own lives. Instead, the court transfers the decision-making role to another person, known as a conservator. This drastically reduces the legal status of the person under conservatorship, known as a conservatee.
Britney’s case is a prime example of the difficulties associated with conservatorships. Since Britney’s conservatorship ended, California amended the law to address some of the concerning provisions
The Aftermath of Dobbs: How the Criminalization of Abortion has Obstructed the Exercise of Bodily Autonomy
Full text linkThis Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple effects of this decision will be because it will touch every aspect of our society. While bodily autonomy is a common thread that weaves through many discussion topics, this Blog will focus on how the recent criminalization of abortion affects the exercise of bodily autonomy, specifically in the realms of access to healthcare and the effects on women in the carceral system
Expiration of the Sunset Clause: Is the Clock Ticking for the Grutter Standard and Affirmative Action in Higher Education?
Full text linkAffirmative action, an active effort to provide access to educational and employment opportunities to historically underrepresented groups, is now in danger of being eradicated by the Supreme Court. While the Court upheld affirmative action in Grutter v. Bollinger in 2003, it suggested in its “sunset clause” of the opinion that the issue should be revisited in twenty-five years. Two cases concerning affirmative action in higher education are now before the current conservative-led Court, which has already indicated that it is prepared to overrule its precedent.
Affirmative action in higher education has been advanced as a solution to past discriminatory practices against minorities in the United States. The Equal Protection Clause contained within the Fourteenth Amendment was passed in 1868 as one of the Reconstruction Amendments with the dual intent of ending slavery and protecting African Americans from discrimination. The Fourteenth Amendment provides that no State shall “deny to any person within its jurisdiction the equal protection of the laws.” White citizens began to use the Equal Protection Clause’s protection of “any person” to challenge affirmative action as a form of reverse discrimination perpetrated against them
The Role of Vaccination Decision Making in Coparenting in the Post Covid-19 World
Full text linkThe practice of coparenting has long been fraught with difficulties and disagreements. The Covid-19 pandemic has compounded these difficulties. With the increased politization that surrounded the pandemic, vaccination became a particularly polarizing issue. So, what is a parent to do if they wish to vaccinate their child, but their coparent will not agree? This issue has found its way to many courts in the last few years