Planning for Disability Book
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Recommended Citation
Rebecca C. Morgan, Planning for Disability (BNA, 2020)Clicking on the button will copy the full recommended citation.
2020
Predicting Supreme Court Behavior in Indian Law Cases Article (Online)
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Recommended Citation
Grant Christensen, Predicting Supreme Court Behavior in Indian Law Cases (2020)Clicking on the button will copy the full recommended citation.
This piece builds upon Matthew Fletcher’s call for additional empirical work in Indian law by creating a new dataset of Indian law opinions. The piece takes every Indian law case decided by the Supreme Court from the beginning of the Warren Court until the end of the 2019-2020 term. The scholarship first produces an Indian law scorecard that measures how often each Justice voted for the “pro-Indian” outcome. It then compares those results to the Justice’s political ideology to suggest that while there is a general trend that a more “liberal” justice is more likely to favor the pro-Indian interest, that trend is generally weak with considerable variance from justice to justice. Finally, the article then creates a logistic regression model in order to try to predict whether a pro-Indian outcome is likely to prevail at the Court. It finds six potential variables to be statistically significant. It uses quantitative analysis to prove that the Indian interest is more likely to prevail when the Tribe is the appellant, when the issue is framed as a jurisdictional contest, and when the case arises from certain regions of the country. It suggests that Indian law advocates may use these insights to help influence litigation strategies in the future.
The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty Article
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Grant Christensen, The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty, 68 UCLA L. Rev. Discourse 404 (2020)Clicking on the button will copy the full recommended citation.
This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row. The execution was carried out on August 26, 2020 over the objection of both members of the victims’ family and the Navajo Nation. This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to seek the death penalty for murder, or felony murder predicted on robbery or kidnapping, that tribal consent should also have been required before the United States sought the death penalty in a carjacking case. The interpretation by the Ninth Circuit and the decision by the Executive to proceed with the execution undermine tribal sovereignty and are contrary to both congressional intent and statutory interpretation.
Supreme Court News Article
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 45 Administrative & Regulatory Law News 23 (2020)Clicking on the button will copy the full recommended citation.
Targeted Taxes: Localities Take Aim at Large Employers to Solve Homelessness and Transportation Challenges Article
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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.
In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters Article
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Christine E. Cerniglia et al., In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters, 80 La. L. Rev. 421 (2020)Clicking on the button will copy the full recommended citation.
A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.”
Social and economic inequities emerge sharply after each natural disaster. Low-income and vulnerable people both suffer more from disasters and experience heightened barriers to accessing the post-disaster resources necessary to survive, rebuild, and return home. Marginalized and vulnerable populations, in particular, need legal assistance and expertise to overcome these barriers.
Natural disasters also inspire law students, law clinics, law schools and law faculty to help. Law school responses to assisting with post-disaster legal needs have been diverse. Some efforts have been law student initiated, while several law school clinics have provided legal assistance in a variety of ways. Some law schools have launched clinics with a devoted budget and strict focus on disaster practice. Some took on disaster work because it was the greatest need for existing clients and communities. Others shifted the focus of existing clinics to disaster needs, and still others launched temporary clinics in various forms to respond to acute crises. Some wanted to help but did not have ready relationships or resources to be responsive.
Each of the authors has direct experience surviving natural disasters and providing legal assistance from within the academy. This article provides necessary information about the nature of natural disasters, the ecosystem of response systems, and common legal issues for law schools and clinical programs interested in providing legal assistance to disaster-affected communities. It then describes varying models of law school institutional responses to increasingly common natural disasters. Building on lessons learned through these experiences, law schools can develop a blueprint for community-engaged disaster response. Building a framework for institutional responses in the legal academy can advance and improve access to justice for vulnerable communities recovering after a disaster and can provide students with an opportunity to learn from this social justice engagement.
Tainted Harvest: Transborder Labor Trafficking and Forced Servitude in Agribusiness Article
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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.
Corrupción Internacional y Decomiso Penal en EE.UU.: Casos Salpicados de Política Book Chapter
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Recommended Citation
Luz Estella Nagle, Corrupción Internacional y Decomiso Penal en EE.UU.: Casos Salpicados de Política, in Decomiso y la recuperación de activos. Crime doesn’t pay. (Ignacio Berdugo Gomez de la Torre and Nicolas Rodriguez-Garcia eds., Valencia: tirant lo blanch, 2020)Clicking on the button will copy the full recommended citation.
International Legal Developments Year in Review: 2019: Introduction Article
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Recommended Citation
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.
Mastering Criminal Procedure, Volume 1: The Investigative Stage Book
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Ellen S. Podgor et al., Mastering Criminal Procedure, Volume 1: The Investigative Stage (3rd ed., Carolina Academic Press, 2020)Clicking on the button will copy the full recommended citation.