Keeping Current-Property Incollection
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Darryl Wilson, Keeping Current-Property, 35 Probate and Property 18 (2021)Clicking on the button will copy the full recommended citation.
2021
Barriers and Facilitators to Compliance with the Americans with Disabilities Act by the Child Welfare System: Insights from Interviews with Disabled Parents, Child Welfare Workers, and Attorneys Article
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Robyn Powell and Sasha Albert, Barriers and Facilitators to Compliance with the Americans with Disabilities Act by the Child Welfare System: Insights from Interviews with Disabled Parents, Child Welfare Workers, and Attorneys, 32 Stanford Law & Pol'y Review 119 (2021)Clicking on the button will copy the full recommended citation.
The Americans with Disabilities Act (ADA) was passed thirty years ago with the promise of “equality of opportunity” for people with disabilities. Notwithstanding, a nascent body of scholarship indicates that parents with disabilities experience substantial and pervasive inequities within the child welfare system, and that the ADA is often disregarded or misapplied by child welfare agencies and courts. Yet, despite extensive legal and social science scholarship about child welfare system involvement among parents with disabilities, no studies have empirically examined why the ADA is not effectively safeguarding the rights of parents with disabilities.
This Article responds to that scholarly void and offers novel and critically needed data on the barriers and facilitators to compliance with the ADA by the child welfare system. This Study draws qualitative data from forty-five in-depth interviews with parents with disabilities, child welfare workers, and parents’ attorneys. Three themes emerged from the data indicating barriers and facilitators that affect compliance with the ADA by the child welfare system. First, knowledge, training, and information about the ADA by parents with disabilities, child welfare workers, and legal professionals impede or enable ADA compliance. Second, institutional support—especially well-defined agency policies and procedures about the ADA, agency culture and leadership, and resource availability—impact compliance with the ADA. Third, factors related to the legal and social context in which cases involving disabled parents occur—particularly tensions between children’s rights and parents’ rights and issues relating to the intersection between disability and child welfare law—are barriers or facilitators to ADA compliance. This Article concludes by identifying critical areas for further research and discussing the policy and practice implications of the findings.
State Tax Credit Issues Raised by SALT Cap Workaround Legislation Article
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Walter Hellerstein and Andrew D. Appleby, State Tax Credit Issues Raised by SALT Cap Workaround Legislation, 99 Tax Notes State 211 (2021)Clicking on the button will copy the full recommended citation.
The IRS’s notice recognizing the deductibility of state passthrough entity taxes for federal personal income tax purposes has already spawned considerable interest regarding the issues raised by those levies for state tax purposes. Among these issues is the ability of PTE owners to claim a credit against their personal income tax liability in their state of residence for their distributive share of entity level taxes paid to other states where the income was earned. This article addresses the relevant issues in light of the underlying constitutional and policy concerns.
Black Progressivism and the Progressive Court Article
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James W. Fox, Black Progressivism and the Progressive Court, 130 Yale L.J. Forum 398–420 (2021)Clicking on the button will copy the full recommended citation.
In the 1910s the Supreme Court responsible for Lochner v. United States and Plessy
v. Ferguson supported African American rights in cases such as Bailey v. Alabama and Buchanan v.
Warley. Scholars have struggled to explain how the disparate doctrinal paths of Lochner and Plessy
led to the seemingly equality-friendly cases of the 1910s. Where modern libertarians see liberty of contract countering racism, modern progressives see support for an economic and racial status
quo that did nothing to limit white supremacy on the ground. Stepping away from judicial decisions, this essay looks instead to the writing of Black progressives to understand better the Court’s
context. This essay argues that, unlike the Court and white elites, Thomas Fortune, Ida Wells, and
W.E.B. Du Bois focused on the interdependence of capitalism and racism, stressing the systemic
nature of racial harms across a range of legal and political doctrines. This critique, I argue, helps
us understand better the ways in which the Court’s different doctrines functioned, how they resulted in an anemic response to racist laws, and how we can, today, think more deeply about systemic racism and critiques of current neo-Lochner jurisprudence
Law and Poetry: Promises from the Preamble Book
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Kristen David Adams (ed.), Law and Poetry: Promises from the Preamble (ABA Publishing, 2021)Clicking on the button will copy the full recommended citation.
Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts Article
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Luz Estella Nagle, Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts, 19 Revista Opinião Jurídica 33 (2021)Clicking on the button will copy the full recommended citation.
Objectives: This article aims to revisit the interrelationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in honour of their respective normative scopes and in order to carry out an analysis of their complementary or supplementary application, towards the construction of a more appropriate tool for the protection of human beings in extreme situations, as it occurs during armed conflicts. This is because, amid the multifaceted vulnerabilities that accumulate in today's conflicts, it is essential to provide the most effective source of protection - proportional to the demands for protection that are manifested today, particularly in military occupations around the world, whose occurrence will be the focus of this research
Indigenous Perspectives on Corporate Governance Article
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Grant Christensen, Indigenous Perspectives on Corporate Governance, 23 U. Pa. J. Bus. L. 902 (2021)Clicking on the button will copy the full recommended citation.
The foundation of the modern corporation is built upon the separation of labor and capital. These entities were anathema to most Indigenous peoples when the Virginia Company was chartered in 1606 for the purpose of settling American lands. Over centuries of colonization federal law worked to assimilate Native Americans. Tribes were encouraged, even forced, to create their own corporate entities. Indelibly, consistent with their inherent sovereignty, Indigenous groups fused autochthonous legal principles into these corporate structures. Today, in the shadow of the #BLM movement and societal demands that corporations become more responsive to their communities and to the environment, shareholder primacy has reached its nadir. As corporate governance seeks to replace it with something stakeholder centered autochthonous principles gleaned from Indigenous corporations offer a way forward. These proposed reforms are as varied as the chthonic law they are built upon and range from making nature itself a corporate shareholder to issuing shares that gain voting rights only after they have been held to maturity.
Colleges Are Legally Pummeled from All Sides. It’s Time They Fought Back Miscellaneous
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Peter Lake, Colleges Are Legally Pummeled from All Sides. It’s Time They Fought Back (Chronicle of Higher Education, 2021)Clicking on the button will copy the full recommended citation.
In Defense of a Liberal Choice-Based Approach to Residential Segregation Article
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Will Bunting, In Defense of a Liberal Choice-Based Approach to Residential Segregation, 88 Tenn. L. Rev. 335 (2021)Clicking on the button will copy the full recommended citation.
This Article argues that not all forms of residential segregation are alike. Certain patterns of residential segregation can be distinguished along two key dimensions: (1) voluntariness, and (2) net social impact. Voluntary residential segregation is largely incompatible with outcome-based policies designed to promote residential integration. This Article claims that the existence of voluntary spatial clustering implies that the government must adopt a choice-based approach to residential integration that seeks to protect and enable freedom of choice in housing rather than an outcome-based approach that seeks to implement and maintain specific patterns of residential segregation. The central thesis of this Article is that the FHA mandate to “affirmative further fair housing” (AFFH) must be interpreted as a responsibility to promote fair housing choice, as a duty to understand in which local communities those in need of affordable housing truly want to live, and as an obligation to expand or modify the set of affordable housing choices to encompass as many of these desired locations as is fiscally feasible, and not as an outcome-based mandate to site affordable housing in a limited number of areas that best implements certain patterns of residential integration considered socially optimal by otherwise well-meaning policy elites.
Climate Change, Civil Disobedience and the Necessity Defense Book Chapter
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Lance Long, Climate Change, Civil Disobedience and the Necessity Defense, in Earth Law: Emerging Ecocentric Law - A Guide For Practitioners (Anthony R. Zelle et al. eds., Wolters Kluwer, 2021)Clicking on the button will copy the full recommended citation.