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La Privatización, La Desregulación Y El Interés Público: Un Análisis Comparado
No full textThis Spanish-language paper analyzes the structural elements of Administrative Law in the United States of America, such as deregulation and privatization, which define the particular relationship between State and Society in that country. The analysis focuses on the limits to privatization in some sectors (prisons, water, health care) using a comparative approach with Spain. From a critical position with the marketization and hegemony of economics, alternatives are proposed for a reform of the Administrative Law that allows a more democratic and inclusive functioning of the governmental institutions
Lifetimes: Fred Aman \u2767, Merging the Worlds of Law and Music
Get PDFNow the holder of a named professorship at the Maurer School of Law at Indiana University Bloomington, University of Rochester Life Trustee Fred Aman \u2767 retired last year after a decorated career as an attorney, legal scholar, and academic administrator. Along the way, he\u27s been an accomplished jazz drummer.
To read more and hear some of Aman\u27s music, visit uofr.us/fred-ama
Putting Paper to Pen: Generation Juul\u27s Case for Harm Reduction
Get PDFPart I of this Note soberly explores and delineates the perceived and real threats of vaping for America’s youth, concluding with an analysis of the socioeconomic and developmental health effects of nicotine addiction. Part II delves into the federal government’s response to e-cigarettes as well as the powers and limitations of federal regulation under the Food and Drug Administration’s (FDA) “Deeming Rule” and the potential effectiveness of an increase in the national tobacco purchase age or a federal ban on flavored vaping products. Part III discusses the realistic benefits of taking a harm reduction approach to youth vaping in the United States, drawing on lessons from the effectiveness of alcohol and tobacco policies at home and in other Western countries. Ultimately, Part III suggests that the FDA should focus on reducing nicotine levels in e-cigarettes and traditional cigarettes and ensuring the safety of ingredients, thereby equipping state governments to take action by folding vaping into their existing tobacco laws and tying excise taxes on tobacco products to nicotine levels
(Emotional Support) Peacocks on a Plane: Revising Federal Reasonable Accommodations Laws for Emotional Support Animals
Get PDFRehabilitating Charge Bargaining
Get PDFNobody likes plea bargaining. Scholars worldwide have excoriated the practice, calling it coercive and unjust, among other pejorative adjectives. Despite its unpopularity, plea bargaining constitutes a central component of the American criminal justice system, and the United States has exported the practice to a host of countries worldwide. Indeed, plea bargaining has even appeared at international criminal tribunals, created to prosecute genocide and crimes against humanity—the gravest crimes known to humankind. Although all forms of plea bargaining are unpopular, commentators reserve their harshest criticism for charge bargaining because charge bargaining is said to distort the factual basis of the defendant’s ultimate conviction. Commentators apply this criticism to charge bargaining whether it is used to obtain guilty pleas for domestic crimes or international crimes. This Article shows, however, that the criticisms leveled at domestic charge bargaining have been inappropriately transplanted wholesale to the international context. Through a comprehensive empirical analysis of international criminal indictments and a series of in-depth interviews with international prosecutors, this Article shows that international prosecutors routinely charge their defendants with only a subset of their criminal acts. That is, this Article’s empirical analysis reveals that international criminal convictions obtained without charge bargaining suffer from the primary flaw afflicting convictions that are obtained as a result of charge bargaining—factual distortion—yet they gain none of the advantages that charge bargaining can provide. This insight necessarily alters our normative assessment of charge bargaining, so this Article develops a new normative framework by which to evaluate charge bargaining. Specifically, this Article shows that the desirability of charge bargaining in international criminal prosecutions has nothing to do with the contestations surrounding its practice domestically and almost everything to do with one of the most sharply contested normative controversies in all of international criminal law—the controversy surrounding the appropriate breadth of criminal charging
No Teacher Left Behind: Reforming the Educators Expense Deduction
Get PDFAmerican educators are notoriously overworked and underpaid. With high performance demands and near-stagnant pay, teachers tend to burn out quickly, which in turn negatively affects the quality of education that their students receive. This effect is most evident in Title I schools, public schools with low funding allocation and high concentrations of low-income students.
One of the benefits that teachers do receive is the Educators Expense Deduction, a federal income tax deduction permitting teachers to write off up to $250 of unreimbursed supplies purchased for the classroom. This deduction was codified in 2002 and has not been amended since, in spite of major changes to how schools are funded and operated, such as the No Child Left Behind Act and the Great Recession, and the resulting increase in out-of-pocket money that teachers must spend on their own classrooms.
In this Note, I explore the content and history of the Educators Expense Deduction, identify changes in the economy and curriculum content since the deduction’s inception, and discuss how teachers have responded to (and, at times, retaliated against) these changes. Finally, I propose two major changes to the Educators Expense Deduction, raising the deduction amount for all teachers and adding a further deduction for teachers working in Title I schools
Chosen Family, Care, and the Workplace
Get PDFEmployees often request time off work to care for the medical needs of loved ones who are part of their extended or chosen family. Until recently, most workers would not have had any legal right to take such leave. A rapidly growing number of state laws, however, not only guarantee paid time off for family health needs, but also adopt innovative and expansive definitions of eligible family.
Several provide leave to care for intimate partners without requiring legal formalization of the relationship. Some go further to include any individual who has a relationship with the employee that is “like” or “equivalent to” a family relationship. Still others employ a functional approach that simply asks whether a sick individual depends on the employee for care.
This Essay provides the first detailed analysis of inclusive definitions of family enacted in state paid leave laws and proposed federally. It argues that providing workers the autonomy to define their own concept of family is essential, given varied makeup of modern families. A flexible standard is especially important for people of color and the LGBTQ+ community, whose care networks are particularly likely to extend beyond the boundaries of the nuclear family.
Such flexibility, however, can pose administrative challenges. The laws will only achieve their purpose if both public and private personnel implementing them understand the broad scope of coverage and take steps to ensure that employees whose families depart from traditional norms are protected from workplace discrimination. This Essay identifies potential obstacles to effective implementation and suggests strategies for addressing them
Menstruation Discrimination and the Problem of Shadow Precedents
Get PDFA burgeoning menstrual justice movement calls attention to menstruation-related discrimination in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination could violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed to override a Supreme Court case that had held pregnancy discrimination was not sex discrimination.
This essay, written for a symposium at Columbia Law School, applies my earlier research on the statutory interpretation of Congressional overrides to highlight two potential challenges this nascent litigation campaign may face, and to suggest how to avoid them. The first risk is that courts will simply deny such claims, reasoning that menstruation is not directly addressed by the text of the PDA and therefore should not be recognized as sex discrimination. The second—which is more subtle, and also perhaps more likely—is that courts could find such discrimination to be actionable, but do so relying solely on the PDA’s explicit reference to “medical conditions” related to pregnancy. While that would be helpful for addressing discrimination in workplaces, it could open the door to arguments that menstruation is outside the ambit of sex discrimination laws that do not include comparable language.
Theorists and advocates should instead seek to establish that menstruation discrimination is discrimination the basis of “sex” itself, in that it is a condition linked to female reproductive organs (although transmen and boys and non-binary persons may also menstruate) and associated with stereotypical assumptions about women’s proper role in society. That reasoning, which suggests that the PDA is properly interpreted as signaling Congress’s disapproval with the Supreme Court’s unduly cramped understanding of what constitutes sex discrimination in the earlier pregnancy case, should apply not only to Title VII, but also to the interpretation of statutory and regulatory prohibitions on sex discrimination in non-employment contexts
Let\u27s Play Ball: Sports, Entertainment, and the Law
No full textMilt Thompson, JD 1979 and president and CEO of Grand Slam, talks about turning down a professional baseball career to attend law school, what it was like to graduate in 1979, how he co-founded Play Ball Indiana, his work with the Pan American Games (including a trip to Cuba where he met with Fidel Castro), and his long-standing work with nonprofits and community organizations in Indianapolis.https://www.repository.law.indiana.edu/coldcall/1001/thumbnail.jp