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You Have Got to Be Keating Me: Why the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Is a Good Start
Get PDFIntersectional Management: An Analysis of Cooperation and Competition on American Public Lands
Get PDFThe United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the current ad-hoc approach to management leaves valuable public lands subject to cyclical presidential administrations and without necessary, durable management policies. The article offers three recommendations. First, that the Antiquities Act be amended to reserve the right to diminish existing monuments solely to Congress. Second, that any amendment also requires minimum management standards for all new national monuments. Finally, the article calls for executive branch agencies to develop more robust means for incorporating stakeholder input in the management planning of national monuments, including through advisory boards. We argue that, due to the history of Native American land dispossession in the United States, there ought to be specific policies for fostering greater collaboration and co- stewardship agreements with Native American tribes and organizations
Policy Comparison of Lead Hunting Ammunition Bans and Voluntary Nonlead Programs for California Condors
Get PDFThe endangered California condor (Gymnogyps californianus) is negatively affected by lead poisoning from spent lead‐based hunting ammunition. Because lead poisoning is the primary mortality factor affecting condors, the California Fish and Game Commission banned lead hunting ammunition during 2008 in the southern California condor range followed by a statewide ban implemented in 2019. In contrast, the Arizona Game and Fish Department instituted an outreach and awareness program encouraging voluntary use of nonlead hunting ammunition in the northern portion of the state during 2005 and a similar program was launched in Utah during 2012. The juxtaposition of policy tools provided a unique opportunity to evaluate the intended efforts to mitigate lead exposure in condors and their respective positive and negative effects. Herein we reflect upon the effectiveness of lead policy actions in the 3‐state region on the basis of condor blood‐lead levels, population status, and hunter awareness of the issue and use of nonlead hunting ammunition
How Law Students\u27 Part-Time Legal Employment Can Help Employers Improve Their Own Writing Skills
Get PDFProfessor Abrams authors a column, Writing it Right, in the Journal of the Missouri Bar. In a variety of contexts, the column stresses the fundamentals of quality legal writing — conciseness, precision, simplicity, and clarity
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection
Get PDFTort reform has become a prominent and contested issue as legislatures around the country are seeking to reconsider and rewrite the rules of civil tort litigation. Missouri, like many other states, focuses its effort on legislative remedy limitations in the form of statutory caps on noneconomic damages—attractive targets for nationwide reform efforts. There is uncertainty as to whether, and to what extent, this reform measure implicates the constitutional right to trial by jury. The Missouri Supreme Court addressed this issue in Ordinola v. University Physician Associates, and it affirmed the statutory caps on noneconomic damages imposed by the Missouri General Assembly in medical malpractice actions
AI AND EMPATHY
Get PDFThis post speculates about whether AI systems will be able to replicate human empathy – at least enough to satisfy people interacting with them
This Play is Under Review: How State Name, Image, and Likeness Statutes Fail to Protect Student-Athletes from Unscrupulous Agents
Get PDFFor over a century, the National Collegiate Athletic Association’s concept of amateurism prohibited student-athletes from receiving compensation for their name, image, and likeness. Amateurism has been successfully challenged in the Supreme Court of the United States in recent years. In the wake of these challenges, states have passed legislation allowing student-athletes to profit from their name, image, and likeness. Additionally, the legislation allows student-athletes to utilize an agent without losing their athletic eligibility. Unfortunately, the legislation is largely void of proper attempts to regulate agent behavior and instead relies on a prior regulatory scheme. This raises a question as to whether student-athletes are protected from unscrupulous agents under this scheme as agents seek to profit in this new era. This article seeks to address the pitfalls of the prior regulatory scheme and proposes solutions that should be considered as part of a unified federal approach
Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform
No full textThe U.S. income tax system is broken. Due to the realization doctrine and taxpayers’ consequent ability to defer taxation of gains, taxpayers can easily minimize or avoid the taxation of investment income, a failure that is magnified many times over when considering the ultra-wealthy. As a result, this small group of taxpayers commands an enormous share of national wealth yet pays paltry taxes relative to the economic income their wealth produces—a predicament that this Article condemns as being economically, politically, and socially harmful.
The conventional view among tax law experts has assumed that the problems created by the realization doctrine can be fixed on the back end by adjusting the rules that govern taxation at the time of realization. Specifically, most tax scholars have favored reform proposals that would retain the realization doctrine while aiming to impose taxes in a way that would erase or reduce the financial benefits of deferral. Examples include retrospective capital gains tax reforms, progressive consumption tax reforms, and more incremental reforms such as ending stepped-up basis.
However, this Article argues that these future-assessment reform proposals ignore a crucial additional problem of deferral—political optionality. If there is a many-year or longer gap between when either income is earned or wealth is accrued and when tax is assessed, then any number of things can happen in the interim to undermine the eventual assessment and collection of tax. This Article explains three sets of pressures that tend to erode future-assessment reforms over time: (1) policy drift and the need for incremental bolstering of tax reforms, (2) the time value of options, and (3) federal budget rules and related political incentives.
By contrast to future-assessment reforms, this Article explains how current assessment reforms—like wealth tax or accrual-income tax reform proposals— are relatively resistant to these pressures. As this Article demonstrates, both theory and historical experience reveal that future-assessment reforms are fragile and often fail—and that ultra-wealthy taxpayers are well aware of this. Therefore, accounting for the implications of political optionality, only current assessment reforms are likely to succeed at meaningfully taxing the ultra-wealthy and fixing the personal tax system