Hauptman-Woodward Medical Research Institute
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Returning Control to the People: The Native American Languages Act, Reclamation, and Native Language Teacher Certification
Get PDFConflict of Laws? Tensions Between Antitrust and Labor Law
Get PDFNot long ago, economists denied the existence of monopsony in labor markets. Today, scholars are talking about using antitrust law to counter employer wage-setting power. While concerns about inequality, stagnant wages, and excessive firm power are certainly to be welcomed, this sudden about-face in theory, evidence, and policy runs the risk of overlooking some important concerns. The purpose of this Essay is to address these concerns and, more critically, to discuss some tensions between antitrust and labor law, a more traditional method for regulating labor markets. Part I addresses a question raised in the very recent literature, about why antitrust has not been a traditional tool of labor market regulation. Part II addresses some drawbacks in the social objectives of antitrust regulation, namely, the so-called consumer welfare standard or, as proposed for the labor market, the “worker welfare” standard, and suggests an alternative standard. Finally, Part III asks whether antitrust is an appropriate response to labor market monopsony. That Part shows that there are some significant tensions between antitrust and labor law and, given those tensions, explains why more traditional methods of wage regulation, collective bargaining, and even minimum wage legislation offer some distinct advantages
The Forgotten: NYC and School Segregation
Get PDFSchool segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities adequate or equal education to their white counterparts. New York City is just one example of how school segregation in metropolitan cities has decreased a minority’s chance at success in obtaining higher education and, as such, entering the professional work force. The diversity issues that are seen in these professional fields starts on the first day a child is enrolled into kindergarten. The chances of a Black or Brown child achieving success decreases with every year they continue to receive a separate and unequal education
Walking with Shadows and Phantoms: The Presumption of Innocence and Bail Determinations
Get PDFOne-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right is largely taken for granted. A close examination of that history shows such exaltation is not warranted. This Comment aims to provide a roadmap for advocates who wish to challenge the—assumed correct—application of the presumption pre-trial, as this has recently gone uncontested. Such a roadmap is more appropriate than ever as the conversation regarding the presumption and its unquestioned status continues “to encourage that feeble administration of our criminal law which is doing so much in these days to render it ineffectual.
Legal Writing Handbook for Clinical Students
Get PDFThis handbook is for upper-level students enrolled in a clinic, who are expected to draft legal memorandums, briefs, client letters, and pleadings with minimal supervision. Each chapter focuses on a single writing skill. The exercises and examples consistently and cogently employ the techniques and devices advocated in the book.
Clinical students learn by doing. Still, their legal writing experience is limited, so guiding them through written assignments is challenging. They simultaneously need specific feedback on legal writing from their professors, and the opportunity to do as much as possible on their own. I wrote this handbook with that challenge in mind.
Students can use the book as a tool to help them complete writing assignments without relying too much on their professor. Clinical professors can use the handbook in three separate ways, depending on their students’ needs.
1. Require or ask students to use the handbook when they write assignments.
2. Assign students to read and complete the exercises in a single chapter or chapters based on weaknesses professors find in their students’ writing.
3. Assign chapters and exercises to prepare for in class review of basic writing skills. Students would read and complete some of the exercises in a chapter before attending class on a particular topic, where they would discuss the topic and practice that skill in class by completing as a group the remaining exercises. Such a class could also include peer editing of written clinic assignments.
The ebook includes numerous interactive questions, such as multiple choice, that allow students to assess their understanding and skills.https://digitalcommons.law.buffalo.edu/books/1211/thumbnail.jp
Intellectual Curiosity and the Role of Libraries: The First and Second Year College Experience
Get PDFIntellectual Curiosity and the Role of Libraries explores how first and second year college students develop intellectual curiosity through library experiences. Such experiences can shape one’s undergraduate career, and include interactions with library spaces, instruction, relationships, services, and outreach. Instilling and inspiring intellectual curiosity in college students is a cornerstone of retention, positive academic performance, and completion for students of every socio-economic and diverse backgrounds. Libraries, as the intellectual heart of the campus have become increasingly woven into the fabric of the curricular and extracurricular lives of students. This collection of works was carefully curated to provide unique, meaningful, and personal narratives from librarians related to the first/second year college student experience.https://digitalcommons.law.buffalo.edu/law_librarian_books/1006/thumbnail.jp
Persistent Impediments and the Geography of “Affirmatively Furthering” Fair Housing: The Case of Erie County, NY
Get PDFDespite the passage of the Fair Housing Act in 1968, segregation and discrimination remain key characteristics of the American housing system. The Act sought to reverse decades of private and public sector policies that contributed to segregated neighborhoods and the exclusion of protected classes from equal access to housing. Under the Act, communities receiving funds from US Department of Housing and Urban Development (HUD) are required to “affirmatively further fair housing” (AFFH). This paper examines the AFFH mandate as operationalized by HUD grantees in Erie County, NY, by evaluating six Analysis of Impediments (AI) to Fair Housing reports prepared from 2004 to 2020 across various grantee geographies. Grantees were required to conduct an AI to identify public and private sector policies, regulations, and actions that represented barriers to accessing fair housing and develop actions to overcome them. This paper finds that in Erie County, the AI was an effective tool for identifying impediments across time and space. However, this paper also finds that the AI was not an effective tool for enforcement of recommended proposed actions to overcome the identified impediments. Finally, the paper concludes that the fragmented geography of multiple municipal grantees within Erie County is likely a contributing factor to the persistence of policies and practices that maintain racial segregation and concentrated poverty in Erie County. At a time when HUD is rewriting the regulatory AFFH framework, it can learn from the shortcomings of the AI in Erie County to make new fair housing planning mechanisms more effective
