Keeping Current – Property Article
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Darryl Wilson and Jesundusin Awoyeye, Keeping Current – Property, 37 Probate and Property 12 (2023)Clicking on the button will copy the full recommended citation.
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Darryl Wilson and Jesundusin Awoyeye, Keeping Current – Property, 37 Probate and Property 12 (2023)Clicking on the button will copy the full recommended citation.
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Robyn Powell, Including Disabled People in the Battle to Protect Abortion Rights: A Call-to-Action, 70 UCLA L. Rev. 774 (2023)Clicking on the button will copy the full recommended citation.
The battle to protect abortion rights in the United States has not been this fierce in fifty years. From the U.S. Supreme Court’s recent Dobbs v. Jackson Women’s Health Organization decision to a precipitously growing number of states passing draconian laws that drastically limit—and in some states, entirely ban—access to safe and legal abortion services, reproductive freedom is under siege at every turn. The current assault on reproductive freedom has had devastating consequences for all people, but most acutely for historically marginalized communities, including people with disabilities. Critically, this attack most adversely affects people who live at the intersection of disability and other marginalized identities or statuses. Nonetheless, when disability is invoked in discourse concerning abortion, it is typically done to either support or oppose abortions based on fetal disability diagnoses. By framing disability and abortion only in the context of disability- selective abortions, activists, scholars, legal professionals, and policymakers fail to recognize that it is actual disabled people—not hypothetical fetuses with disability diagnoses—who are harmed by abortion restrictions. Indeed, disabled people disproportionately experience pervasive and persistent disadvantages that increase their need for abortion services. They also experience considerable structural, legal, and institutional barriers that already put access to safe and legal abortion out of reach for many.
In response, the Article proposes a blueprint to help activists, scholars, legal professionals, and policymakers as they imagine the next steps in the battle to protect abortion rights in a way that fully includes people with disabilities. First, the Article situates the current battle to protect abortion rights within the social and institutional contexts that propagate reproductive oppression of people with disabilities by examining how reproduction has been weaponized over time to subjugate disabled people as well as presenting contemporary examples of such injustices. Thereafter, it explores disabled people’s unique needs for abortion services and the myriad ways they are disproportionately and adversely affected by restrictions on abortion rights. Next, the Article presents disability reproductive justice, a jurisprudential and legislative framework, and its application to the fight for abortion rights. Finally, drawing from disability reproductive justice, the Article suggests normative and transformative legal and policy solutions for challenging the current assault on abortion rights and its impact on disabled people.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.