Keeping Current – Property Article
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Darryl Wilson, Keeping Current – Property, 37 Property and Probate 14 (2023)Clicking on the button will copy the full recommended citation.
Articles
The US Supreme Court Has Gutted Federal Protection for Wetlands — Now What? Article
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Royal C. Gardner, The US Supreme Court Has Gutted Federal Protection for Wetlands — Now What?, 618 Nature 215 (2023)Clicking on the button will copy the full recommended citation.
Most US wetlands just lost federal protection, but there’s still time for state and local governments to act. Scientists and the public can help.
What the US Supreme Court Decision Means for Wetlands Article
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Royal C. Gardner, What the US Supreme Court Decision Means for Wetlands, 618 Nature 215 (2023)Clicking on the button will copy the full recommended citation.
When Cybersecurity Goes Wrong: Breach Notice Obligations under the Florida Information Protection Act Article
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Shannon B. Hartsfield and Anthony Palermo, When Cybersecurity Goes Wrong: Breach Notice Obligations under the Florida Information Protection Act, 97 Florida Bar Journal 20 (2023)Clicking on the button will copy the full recommended citation.
Catalytic Converter Theft Fuels Thriving Black-Market Recycling Article
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Luz Estella Nagle, Catalytic Converter Theft Fuels Thriving Black-Market Recycling, 39 Int'l Enforcement L. Reporter 240 (2023)Clicking on the button will copy the full recommended citation.
Supreme Court News Article
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Louis J. Virelli and Richard W. Murphy, Supreme Court News, 48 Administrative & Regulatory Law News 21 (2023)Clicking on the button will copy the full recommended citation.
Disability Reproductive Justice During COVID-19 and Beyond Article
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Robyn Powell, Disability Reproductive Justice During COVID-19 and Beyond, 72 Am. U. L. Rev. 1821 (2023)Clicking on the button will copy the full recommended citation.
The United States is experiencing the convergence of two crises threatening the reproductive freedom of people with disabilities and other historically marginalized groups: the COVID-19 pandemic and a rising assault on reproductive rights, including the U.S. Supreme Court’s recent Dobbs v. Jackson Women’s Health Organization decision. This convergence has created a perfect storm, revealing the depth of existing reproductive injustices endured by disabled people and forcing a reckoning with the consequences of permitting such inequities to persist. As such, urgent attention by activists, scholars, legal professionals, and policymakers is necessary.
In response, this Article offers a vision for addressing the deeply entrenched reproductive injustices experienced by people with disabilities throughout the COVID-19 pandemic and beyond. To do so, first, the Article explores the reproductive oppression experienced by disabled people before and during the COVID-19 pandemic, demonstrating that the current inequities are a continuation of long-lasting problems. Specifically, it examines reproductive health and healthcare inequities, barriers to information, contraception, and abortion, risks to self-determination and autonomy, and parenting challenges and threats. Thereafter, it presents disability reproductive justice and explains the significance of this jurisprudential and legislative framework for achieving reproductive freedom for people with disabilities during and after the COVID-19 pandemic. Finally, drawing from the disability reproductive justice framework, this Article concludes by suggesting legal and policy solutions to address disabled people’s immediate reproductive needs during the COVID-19 pandemic, as well as a path forward for dismantling the roots of the longstanding reproductive inequities they experience. It also considers issues requiring further attention and inquiry.
Symposium Introduction: White Collar Crime: The Past, Present & Future Article
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Ellen S. Podgor, Symposium Introduction: White Collar Crime: The Past, Present & Future, 2 Stetson Business Law Review i (2023)Clicking on the button will copy the full recommended citation.
Odd Man out: The Survival of Junior Lien Strip-offs in Chapter 13 following the Caulkett Decision Article
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Theresa J. Pulley Radwan, Odd Man out: The Survival of Junior Lien Strip-offs in Chapter 13 following the Caulkett Decision, 75 Okla. L. Rev. 457 (2023)Clicking on the button will copy the full recommended citation.
The bankruptcy system seeks to strike a balance between promoting a fresh start for a debtor in financial distress and a fair and equitable distribution of the debtor's assets to its creditors.' But among creditors, equitable does not mean equal, and some creditors enjoy more protection both within and outside of the bankruptcy system. Among the most protected creditors in bankruptcy are those with a prepetition security interest in the debtor's assets, and among the most protected of these secured creditors are those with a lien on the debtor's residential property in a Chapter 13 case. Yet those creditors-ones with a residential lien in Chapter 13-may find themselves losing the protection of that lien in bankruptcy. Lien-stripping may occur in individual cases at any time, but an interest in lien-stripping particularly increases any time the housing market declines, such as when the debts secured by those homes may exceed the value of the collateral itself. While Supreme Court case law denies the ability to undo liens in any Chapter 7 case and in some Chapter 13 cases, the Court still must determine the ability to strip off "wholly unsecured" liens in Chapter 13 cases. The circuit courts overwhelmingly allow such a strip-off, leaving creditors in those cases singularly unprotected.' While previous law review articles and legal scholarship have analyzed this issue,' many did so prior to the most recent Supreme Court decision in 2015, and these articles often consider the impact on strip-off generally. This Article reconsiders the result of that decision and the impact of seemingly inconsistent results, both on Chapter 13 strip-off cases and on Chapter 20 cases," where courts frequently disagree on the appropriate result.
Compensability, Opportunism, and the Race to the Bottom: A View from (near) the Bottom Article
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Jason Bent, Compensability, Opportunism, and the Race to the Bottom: A View from (near) the Bottom, 37 A.B.A. J. Lab. & Emp. L. 221 (2023)Clicking on the button will copy the full recommended citation.
This article is a contribution to a symposium marking the fiftieth anniversary of the National Commission on State Workmen’s Compensation Laws (National Commission). My perspective on the successes and shortcomings of the National Commission is informed by my vantage point—the State of Florida, a formidable contender in the legislative “race to the bottom” that followed the early reforms spurred by the National Commission’s admirable work. The workers’ compensation regime in Florida has undergone such significant retrenchment over recent decades that at least one Florida judge and some academic observers now hold the view that it has crossed into unconstitutionality. This article, then, is a view of the state of workers’ compensation
law from near the bottom.
The article proceeds in three parts: first, a look at the “major contributing cause” rule as applied in Florida and the resulting employer opportunism that undermines worker expectations; second, an examination of how the compensability hurdles for diseases in Florida usually permit employers to escape the costs imposed by occupational diseases; and finally, an exploration of possible solutions. Ultimately, the current inadequate and inequitable system at the bottom of the workers’ compensation hierarchy needs to be addressed by state legislatures (under renewed threat of federal action, if necessary), by state judiciaries, or by tightened federal regulation of workplaces with meaningful front-end enforcement before accidents or diseases occur, such as
through effective reforms to the Occupational Safety and Health Act of 1970 (OSHA).