Date of Publication:
Royal C. Gardner, Achieving Aichi Biodiversity Target to Improve the Performance of Protected Areas and Conserve Freshwater Biodiversity, 26 Aquatic Conservation: Marine Freshwater Ecosystems 133 (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
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.
Date of Publication:
Ellen S. Podgor and Lucian Dervan, White Collar Crime: Still Hazy After All These Years, 50 Ga. L. Rev. 709 (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
Brooke J. Bowman and Jason S. Palmer, International Legal Developments Year in Review: 2015, Introduction, 50 International Legal Development Year in Review 1 (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
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.
Date of Publication:
Brooke J. Bowman, Editor’s Note, 21 Legal Writing iii (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
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.
Date of Publication:
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.
Date of Publication:
Ellen S. Podgor and Darnesha K. Carter, Miranda at 50, 40 Champion 16 (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
Robyn Powell and Michael Ashley Stein, Persons with Disabilities and their Sexual, Reproductive, and Parenting Rights: An International and Comparative Analysis Focus: Disability Rights in China and in the World, 11 Frontiers of Law in China 53 (2016)Clicking on the button will copy the full recommended citation.
Despite important gains in human rights, persons with disabilities — and in particular women and girls with disabilities — continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.