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Discussant Commentary on the Twenty-Sixth Annual Grotius Lecture
No full textGrotius Lecturer Dame Meg Taylor and Distinguished Discussant Julian Aguon provided the Twenty-Sixth Annual Grotius Lecture on Wednesday, April 3, 2024 at 5:00 p.m
The China Challenge: Excluding Mexican/Chinese EVs From the United States
No full textPart II of this Article summarizes the rules applicable to trade in passenger vehicles under the USMCA and WTO rules. Part III looks at the rationale for BYD and perhaps other Chinese auto producers to build factories in Mexico. Part IV examines the legal and practical options for BYD, and other Chinese autos and SUVs assembled in Mexico to penetrate the U.S. market. It also examines the actions available to the U.S. government to exclude those imports from the United States. Part V examines the implications of the exclusion policies for the United States, China, and Mexico that appear likely to be followed by either Democratic or Republican administrations in the foreseeable future. The article concludes with a brief summary and recommendations
The Case for Applying Comcast\u27s Causal Canon to the Pregnant Workers Fairness Act
No full textFor as long as there have been employer-employee relationships, there has been the potential for problems in those relationships—some of which are rooted in discrimination. In an ideal world, employees and prospective employees would not face adverse decisions based on protected characteristics. Unfortunately, the world is not always ideal and such decisions can and do happen. That said, the law attempts to bring justice when discrimination claims arise, working to balance the interests and rights of wronged employees while also setting forth standards that require employees to meet certain thresholds when making those claims. Throughout modern history, the United States Supreme Court has analyzed and determined what those thresholds are, holding that different principles apply in various employment situations. Causation standards, specifically, have evolved over time and have been applied differently based on the claim asserted
In re Polo Grounds Area Project I: Lessons from a Forgotten Lawsuit
No full textIn 1961, the City of New York, using its eminent domain power, took title to the famed Polo Grounds. In 1967, in the Polo Grounds Area Project II case, the New York Court of Appeals ordered the City to pay millions of dollars in compensation to the site’s owners. This Article recalls the much more obscure Polo Grounds Area Project I case. Decided in 1964, it represents the opening act in the legal drama set off by the New York Giants’ move to San Francisco. It also provides guidance on three subjects important for practicing lawyers: 1) the correct method of forming a multi-client relationship; 2) the propriety of using market rates to set their fees; and 3) the importance of keeping time sheets
Shareholders All the Way Down: EU Corporate Sustainability Reforms and the Structure of Corporate Governance
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Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries and What the Law Can Do About It
No full textNearly four million Americans undergo gynecological surgeries each year, but these procedures are unnecessarily risky, as many suffer avoidable lifelong, painful, and disabling injuries. This Article diagnoses the root cause in our legal framework for healthcare finance. It then identifies solutions.
America’s public–private system for reimbursing healthcare pays for procedures rather than outcomes, and it pays substantially more for work on male rather than female anatomies. This disparity is due to the federal government’s reliance on a secretive industry committee to set those rates, and the committee’s reliance on junk science surveys, allowing self-interested and gender-biased responses, contrary to objective measures.
As payors disvalue the bodies of those needing gynecological care, the medical profession has organized accordingly. Surgical training for Obstetrician Gynecologists (OB-GYNs) is truncated as compared to other surgical disciplines. OB-GYNs are incentivized to pursue a mix of better-paid work, rather than pursue the advanced training and specialized experience necessary to perform surgery consistently. Instead, most OB‑GYNs may perform particular surgeries only a few times per year, a context shown to magnify the risk of preventable injuries.
Traditional approaches, under informed consent and medical malpractice laws, take for granted the fundamental economic structure that sets aggregate levels of risk. A range of laws, including a provision in the Affordable Care Act, do promise equal treatment. Close analysis, however, reveals a range of barriers to redress. Congress has made federal payment rates unreviewable by courts, even if illegal. Notwithstanding the federal government’s ironic immunity from its own laws, this Article suggests that private health insurers may be held liable for going along with the federal government’s discrimination. Still it will be difficult for individual patients to assert their interests in reorganizing the medical profession.
There are narrow and uncertain paths for legal accountability, but the political economy of this problem is no less daunting. Presently, overall Medicare payments are conceived as a zero-sum game, pitting patients (and doctors) against each other. Nonetheless, Constitutional litigation under the Equal Protection Clause may give voice to those working for the health of women in America
School Choice & Religious Discrimination: A Story of the Illusory Wall of Separation, Sour Lemon Tests, and Overgrown Baby Blaines
No full textThe significance of elementary school education in shaping a child\u27s future, and the success of society, is immeasurable. The free public school system is built on the premise that every child deserves to have the equal opportunity to learn and succeed. However, this system overlooks the millions of children attending private schools due to their religious and moral convictions. This note delves into the imperative of ensuring universal access to quality elementary education for every child, irrespective of their family\u27s religious affiliations or preferences for private schooling, highlighting the constitutional imperatives of ensuring that every child has the opportunity to receive a comprehensive and secular education, regardless of their family\u27s religious convictions
2024 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’s remarks at Gala & Award Dinner
No full textThe Notre Dame Law School Religious Liberty Initiative’s fourth annual Notre Dame Religious Liberty Summit culminated on Wednesday, July 10 with its Religious Liberty Gala and Awards Dinner and Dedication of the Lindsay and Matt Moroun Religious Liberty Clinic in Notre Dame’s Dahnke Ballroom
Final Words: Challenging Dehumanization and Injustice in Death Penalty Administration
No full textOctober 1, 2024https://digitalcommons.nyls.edu/wilf_conversations/1016/thumbnail.jp