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Theresa J. Pulley Radwan, Not So Friendly to Frenville: The Split Among Courts Regarding Accrual of Claims in Bankruptcy, 68 Baylor L. Rev. 728 (2016)Clicking on the button will copy the full recommended citation.
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Jamie G. Swaine et al., Consumers’ and Workers’ Perspectives about Consumer-Directed Services in the United States, 9 Disability and Health Journal 464 (2016)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman, Editor’s Note, 21 Legal Writing iii (2016)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose and Jounice Nealy-Brown, The Silent Penalty: Interest Accrues on Unpaid Child Support in Florida, 40 Seton Hall Legis. J. 279 (2016)Clicking on the button will copy the full recommended citation.
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Jason Bent, Health Theft, 48 Conn. L. Rev. 637 (2016)Clicking on the button will copy the full recommended citation.
Three possible approaches have been advanced for setting appropriate occupational health standards: the feasibility principle currently employed by OSHA, cost-benefit analysis, and a “soft” cost-benefit analysis that allows for qualitative considerations. This Article rejects all three and advances a fourth possible approach that would focus on counteracting “health theft” by employers — employer actions that expose workers to health risks without compensation. An anti-health theft approach recognizes that Congress’s purpose in enacting the Occupational Safety and Health Act was to maximize worker welfare, not to maximize overall total social welfare. This Article makes both the positive claim that counteracting health theft was Congress’s intent when it enacted the OSH Act and the normative claim that an anti-health theft approach sets a rational regulatory standard justified on distributional grounds. The Article urges OSHA to adopt the anti-health theft principle as a reasonable interpretation of the ambiguous Section 6(b)(5) of the OSH Act.
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Linda S. Anderson, Marriage, Monogamy, and Affairs: Reassessing Intimate Relationships in Light of Growing Acceptance of Consensual Non-Monogamy, 22 Wash. & Lee. J. C.R. & Soc. Just. 3 (2016)Clicking on the button will copy the full recommended citation.
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Jason Bent, Hope for Zimmerism: Overcoming the Empathy Problem in Antidiscrimination Law, 20 Em. Rts. & Emp. Pol'y J. 277 (2016)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle and Bolaji Owasonoye, Fearing the Dark: The Use of Witchcraft to Control Human Trafficking Victims and Sustain Vulnerability, 45 Sw. L. Rev. 561 (2016)Clicking on the button will copy the full recommended citation.
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Will Bunting, Resolving Conflicts over Scarce Resources: Private versus Shared Ownership, 99 Marq. L. Rev. 893 (2016)Clicking on the button will copy the full recommended citation.
This Article models private ownership as a conflict resolution mechanism and contends that for the Coase Theorem (as defined here) to be consistent, private ownership must yield the Pareto-optimal use of scarce resources among all feasible conflict resolution mechanisms. Conflict over a scarce resource may be better resolved, however, by eliminating the possibility of private ownership and “forcing” parties to share ownership of a contested scarce resource. A corollary to the Coase Theorem is introduced which states: In the absence of transaction costs, the distribution of private and shared ownership is efficient. Provided transaction costs are high and shared ownership is socially-optimal, a role for the courts is suggested wherein de facto shared ownership is established by rendering private property rights random or unclear — judicial behavior that stands in contrast to the normative implications of the Coase Theorem.
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Ellen S. Podgor and Darnesha K. Carter, Miranda at 50, 40 Champion 16 (2016)Clicking on the button will copy the full recommended citation.