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Can Criminal Defense Attorneys Be Victim-Centered?
Get PDFAttorneys defending those accused of intimate partner violence, like all lawyers, owe duties of zealous advocacy and confidentiality to their clients. But is there a place within these ethical obligations for them to also consider the safety of the victim? Defense counsel are often uniquely situated—by virtue of their relationships with their clients and victims—to help mitigate potentially serious harm. This article explores the spaces where defending an accused perpetrator of domestic violence and taking actions to limit further harm to a survivor are compatible. It also identifies areas where defense attorneys can obtain additional resources and data to inform their decision-making when considering lawful exceptions to the ethical requirements of zealous advocacy and confidentiality. Lastly, it considers policy proposals, such as providing attorneys for survivors in the criminal process and revisions to the ethics rules, to address potential areas of conflict
Bankruptcy & Commercial Law
Get PDFThis Article analyzes and discusses cases—arising from the U.S. Court of Appeals for the Fifth Circuit, the Bankruptcy Courts in Texas, the Texas Supreme Court, and the Texas Courts of Appeals—that resolved some fascinating and important issues in the areas of bankruptcy and commercial law during this Survey period
Whom Should I Work For? Firm Characteristics and New Workers\u27 Future Pay
No full textThis study looks at how a company\u27s financial characteristics before the start of a new worker\u27s employment predict the worker\u27s future salary growth and job stability. Our research focuses on publicly traded U.S. companies and conducts analyses at the worker-job level using wage and employment information obtained from Census Longitudinal Employer-Household Dynamics (LEHD). Our analyses reveal distinct patterns: for low-income workers, firm size emerges as the most influential factor for achieving higher long-term pay and job security. As income level rises, the impact of size declines and middle-and high-income workers increasingly benefit from firms with elevated cash reserves and robust operating cash flows. Strikingly, despite their prominence in equity markets, accrual-based earnings performance and stock returns exhibit limited predictive power regarding workers\u27 long-term pay and employment stability. These findings aid workers in making informed job decisions and contribute to labor economics and accounting fields by assessing the utility of financial information for employment choices
Privacy Law’s Role in an Information Economy
Get PDFWhat do we lose when we lose our privacy? A slew of recently enacted state laws suggest that the loss of privacy is merely a loss of individual choice in the market exchange of services for personal information. This Article argues that a loss of privacy risks something greater: the collapse of complex and fluid social identity. Without privacy, individuals cannot nurture their own senses of self because they are no longer free to try on different social roles across diverse relationships. Pervasive, private data collection threatens multifaceted selfhood by eliminating the boundaries that make social roles distinct and hindering the possibility of withdrawal from view.
If a loss of privacy entails a loss of ourselves, how do we gain ourselves back? This Article argues the answer is in the role of privacy law in two senses. Normatively, it asserts online privacy law should work towards restoring the roleplay that underwrites social selfhood. Methodologically, it contends online privacy law should pursue that end through thoughtful legal role-scripting. Privacy lawmakers should be attentive to the social roles they ascribe to the data collectors and internet users law regulates. Legal role-scripts orient and pre-commit law in multiple ways. They establish a set of evaluative criteria that justify or undermine particular rights or responsibilities. They also direct courts to particular lines of legal precedent.
Following this understanding of privacy law\u27s role, this Article uncovers a better way it can safeguard dynamic identity formation. It argues privacy governance law-an original legislative proposal-is better suited than alternative reforms to empower internet users to engage in self-constructive roleplay. It characterizes private, online data collection in terms of a governance relationship, with data collectors hegemonically deciding how they will collect and use internet users\u27 personal information. Privacy law, in this formulation, works to afford internet users countervailing power to participate in collective decision-making about the privacy practices appropriate to their relationships with diverse data collectors. This offers internet users the greatest possibility of reclaiming emergent selfhood in an information economy
Donald Trump and the Collapse of Checks and Balances
Get PDFThis Essay analyzes Donald Trump’s erosion of checks and balances during his presidency and how President Trump will likely seek to complete their collapse if he regains power. Its First Part shows that congressional willingness to check presidential abuses of power declined during Trump’s presidency and will likely get much weaker in a second term. It also shows that President Trump figured out how to evade checks and balances from Congress in his first term and examines his plans to further usurp congressional powers. Part Two looks at the judicial role in facilitating or checking presidential power through a lens sharpened by an effort to understand how checks and balances might collapse. This Essay’s analysis enables us to see how events that most observers experience as a series of disconnected dramatic clashes over policy (or that largely escape notice altogether) have partially collapsed the constraints that constitutional democracy depends upon, and how this collapse will likely accelerate if Trump becomes President again
Space ‘Tourism’: a Framework for Ensuring ‘Safe and Orderly Development’ Lessons Learnt from the U.S. and Aviation
Get PDFIn August 2023, following its successful mission, Virgin Galactic announced the intention to provide scheduled services into space. Yet, this paper sets out to present evidence to argue that, from an international (U.N.) perspective, there has been a lack of activity to establish safeguards and to ensure a fit for purpose governance and oversight mechanism is in place for this new and growing sector—space tourism. The research is undertaken by way of a comparison law/policy analysis which factors in key historic events across both aviation and space. The main focus is given to the developments and approach of the U.S.
The research finds that there remains a number of areas where clarity and advancement is needed both nationally (U.S.) and internationally; and that, without suitable governance and frameworks being established—safety is compromised, and equitability is not ensured for space tourists. It is advocated that there are clear lessons to be learnt from aviation developments and practices and that one solution would be a governance and oversight system as has been established by the International Civil Aviation Organization (ICAO)
Navigating Passenger Compensation: Implications for Airlines and Consumers
Get PDFAmid winter’s icy grip, as frigid December storms swept across the nation, a distressing scenario unfolded for countless airline passengers. In the realm of air travel, a ticket represents more than just a mere document. It embodies a contract, a covenant between passengers and airline companies. It symbolizes an agreement made by airlines—a commitment to delivering timely and uninterrupted travel experiences. Following the pandemic, which brought about technological failures, system outages, and staffing shortages, many travelers found themselves stranded due to prolonged flight delays or cancellations. Currently, the absence of viable options for passengers to seek recompense in the form of refunds, compensation, or expense reimbursements only compounds the challenges faced during such inconveniences. In light of the widespread disruptions gripping the commercial aviation industry, the U.S. Department of Transportation has introduced a proposed rule to provide restitution to affected passengers. This proposed rule mandates that airlines take on the responsibility of covering specific expenditures incurred by passengers and extend compensation as redress for the difficulties resulting from flight delays and cancellations. This comment seeks to examine the contours of the proposed rule and delineate the arguments both in support of and against its potential implementation
Financial Literacy and Financial Well-being
No full textWe investigate the effect of financial literacy on a widely used measure of financial well-being while controlling for socioeconomic and behavioral factors. We analyze the survey data from the 2018 and 2021 National Financial Capability Study (NFCS) by the Financial Industry Regulatory Authority (FINRA). Our analysis employs three models to estimate the causal effect of financial literacy on financial well-being: a multiple linear regression model, a two-stage model using regularized Bayesian linear regression, and a two-stage model using Bayesian Causal Forests to study treatment effect heterogeneity. We find a surprising result: the treatment effect of financial literacy on well-being is negative, significant, and robust across all three models. This finding holds implications for financial education policymakers and consumer scientists whose work focuses on financial literacy, financial well-being, and overall well-being. By revealing diverse treatment effects across various subgroups, our study identifies demographic groups more susceptible to the adverse impact of financial literacy on financial well-being. Consequently, tailored strategies will better allocate financial education away from those penalized by good intentions
The Quick and the Dead: The Uses and Misuses of History in Abortion Jurisprudence
Get PDFIn 1860, in Nevada County, California, a young woman, Clara Davis, died in her home. She had given birth, secretly, during the night. The baby had been spirited away by a man named Henry McCracken, who also lived in the house, and who was presumably the father of the child. The facts strongly suggested that the child had been born prematurely, as a result of an induced abortion. McCracken had applied to a physician for abortion medication, which he administered to Clara, supposedly for back pains, but in reality knowingly ... to procure an abortion. McCracken was arrested and put in the county jail..