Supreme Court News Article
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 45 Administrative & Regulatory Law News 24 (2020)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 45 Administrative & Regulatory Law News 24 (2020)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Species…In Law, 50 Texas Envtl. L. Journal 1 (2020)Clicking on the button will copy the full recommended citation.
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Christine E. Cerniglia, The Civil Self-Representation Crisis: The Need for More Data and Less Complacency, 27 Geo. J. on Poverty L. & Pol'y 355 (2020)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, [Classical] Lawyers As [Digital] Public Speakers: Classical Rhetoric and Lawyer, 20 Nev. L.J. 1137 (2020)Clicking on the button will copy the full recommended citation.
Arguably the contexts of speaking and writing for lawyers of ancient Greece and Rome and lawyers of today could not be more different. But, classical rhetorical theory, developed 2,000 years ago for face-to-face interactions in public squares and courtrooms, can be productively applied to improve our understanding of modern lawyers’ digital communication practices. This article first argues that lawyers have an ethical responsibility to write as “citizen lawyers” and provide legal commentary in the digital public sphere. Then, applying classical rhetorical theory, this article explores the problems and possibilities of lawyers’ digital rhetoric. The article is not a handbook of rhetorical techniques; rather it offers lawyers a rhetorical perspective on public commentary in a digital environment.
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Robyn Powell et al., Role of Family Caregivers Regarding Sexual and Reproductive Health for Women and Girls with Intellectual Disability: A Scoping Review, 64 Journal of Intellectual Disability Research 131 (2020)Clicking on the button will copy the full recommended citation.
While people with intellectual disability (ID) face disparities relating to sexual and reproductive health (SRH) services, little is known about the role of family caregivers who assist women and girls with ID access SRH services. This scoping review examined the findings of studies to elucidate the role of family caregivers with regard to SRH for women and girls with ID.
We used Arksey and O'Malley's six-stage scoping framework, with Levac, Colquhoun and O'Brien's revisions, to evaluate identified sources. We searched three electronic databases, six ID journals and reference lists in full-text articles. Inclusion criteria included (1) primary and secondary source research studies in peer-reviewed journals; (2) published in English; (3) all research methodologies (i.e. qualitative, quantitative, mixed methods and systematic reviews or commentaries); (4) published between 2000 and 2016; and (5) studies from any country.
The search yielded 2062 studies; 57 articles met inclusion criteria. Most studies employed purposive, convenience or criterion sampling. Participants included people with ID, family caregivers, paid caregivers and health-care professionals. Findings were summarised thematically: (1) menstruation and menopause; (2) vaccinations and preventive screenings; (3) supporting sexuality and healthy relationships; (4) coordinating with health-care providers and (5) contraception and sterilisation.
Findings from this scoping review underscore the need for more and better-quality research, including how family caregivers assist women and girls with ID access perinatal and preventive SRH services and sexual abuse education. Family caregivers, women and girls with ID and health-care providers need increased access to information about SRH.
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Andrew D. Appleby, Targeted Taxes: Localities Take Aim at Large Employers to Solve Homelessness and Transportation Challenges, Or. L. Rev. (2020)Clicking on the button will copy the full recommended citation.
Many localities are facing unprecedented challenges — such as a dramatic rise in homelessness and insufficient transportation infrastructure — that have reached crisis levels. These localities are in a precarious position. If they do not solve these problems quickly, or if they impose overbearing and poorly designed taxes, there will be dire economic and social repercussions.
In response to these challenges, several localities recently enacted or proposed taxes targeted directly at large businesses, with revenues allocated explicitly for a designated purpose. Localities are gravitating toward targeted taxes for several reasons. Some assert that the success of large employers within the locality contributed to, or even directly created, these challenges. Perhaps most importantly, targeted tax laws serve a clear expressive function. Depending on the locality’s primary objective, targeted taxes may be problematic and counterproductive.
This Article begins by examining the recent local targeted tax provisions, which have crucial distinctions in motivations and mechanics. The Article then undertakes a tax policy and constitutional analysis of these targeted taxes, and considers whether they are properly characterized as a tax or a fee. The Article concludes with several proposed alternatives that will generate the requisite revenue — and may serve an expressive function — more effectively than targeted taxes.
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Jason S. Palmer and Kimberly Y. W. Holst, International Legal Developments Year in Review: 2019: Introduction, 54 Year in Review: An Annual Survey of International Legal Developments and Publications of the ABA Section of International Law 1 (2020)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Who’s Got a Golden Ticket?—Limiting Creditor Use of Golden Shares to Prevent a Bankruptcy Filing, 83 Alb. L. Rev. 101 (2020)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Tainted Harvest: Transborder Labor Trafficking and Forced Servitude in Agribusiness, 37 Wis. Int'l L.J. 511 (2020)Clicking on the button will copy the full recommended citation.
Transborder labor trafficking and forced servitude in the global commercial agriculture sector are serious problems that adversely impact farming communities and labor migration patterns. They also constitute violations of basic human rights with regards to personal liberty, freedom of movement, and the right to work for fair wages. Yet, the farm labor cost savings are a powerful incentive for growers and agribusinesses to engage directly or indirectly through corrupt labor recruiters and brokers in the domestic and transborder trafficking of farm workers. This article addresses farm labor trafficking in the United States and abroad, including a discussion of labor trafficking and forced servitude in the rapidly growing marijuana cultivation industry.
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Cynthia Hawkins DeBose and Taylor Scribner, Serving-up the Ace: Understanding Adverse Childhood Experiences (“ACE”) in Dependency Adoption through the Lens of Social Science, 54 U. Mich. J.L. Reform Online 1 (2020)Clicking on the button will copy the full recommended citation.