Volume V, Issue 2 Published!

June 2nd, 2014 No comments

WJLERCOVER
The Widener Journal of Law, Economics & Race is proud to announce that Volume V, Issue II is now available! Click the link, read, and enjoy!

 

ACA: Creating Job Opportunities and Addressing Medical Needs

March 25th, 2015 No comments

 

By: Jessica Miraglia

 

The ACA will allow moderate to low-income families and individuals who select an insurance coverage plan from the heath insurance marketplace to gain from both premium tax credits and cost sharing. By doing this, the ACA is going to make it simple for families and individuals to gain access to health care coverage that they otherwise would not have been able to afford. More specifically, those who are of a minority race or ethnic group will benefit from the ACA because they are more likely to fall under the federal poverty levels and/or have lower paying jobs that do not offer them employer paid health insurance. Allowing more Americans to gain access to health care coverage will raise the need for goods and services within the healthcare field and in turn will create more jobs in the community. Creating more jobs will thus lower unemployment rates throughout America. The ACA is also slowing down the rate increase of health care costs. By slowing down the rate increase of health care costs the ACA is giving employers who pay health care premiums for their employees the ability to hire more employees and/or employ more full time positions that offer health care benefits. This again is creating more job opportunities in America and can also help lower the unemployment rates.

Also, by gaining access to health care coverage these individuals and families will now be able to address their medical needs, which is a very important asset. By addressing the medical needs of Americans there will be a reduction in loss of life and an improvement in mental and physical health. The improvement in mental and physical health among individuals will cause people to live longer and be more healthy which will reduce the chance of them becoming disabled. Many families and individuals will no longer have to live in fear of catching the common cold or even worse being diagnosed with a life altering disease.

 

 

Jason Furman, Six Economic Benefits of the Affordable Care Act, Council of Economic Advisers (February 6, 2014), available at http://www.whitehouse.gov/blog/2014/02/06/six-economic-benefits-affordable-care-act

 

Kaiser Commission on Key Facts, Health Coverage by Race and Ethnicity: The Potential Impact of the Affordable Care Act, The Henry J. Kaiser Family Foundation (March 13, 2013), available at

http://kff.org/disparities-policy/issue-brief/health-coverage-by-race-and-ethnicity-the-potential-impact-of-the-affordable-care-act/

 

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National Football League Athletes Stiff Arm the Law

February 11th, 2015 No comments

By: Rachelle Cecala

Domestic violence issues in the law, economics, & race arise in several different areas of professional sports. Domestic violence amongst professional athletes, specifically professional football players, has attracted the attention of several media outlets over the years. While there are actual reports and footage of domestic violence occurring between professional football players and their significant others, charges do not seem to get filed against them frequently. Furthermore, in certain situations, professional football players enjoy the liberty of being able to continue playing football while they are under investigation; or sit out of games and practices but continue getting paid. One example is Greg Hardy, a six-foot four inches African American defensive end on the Carolina Panthers football team. In a recent article about Greg Hardy, he was found guilty of “assaulting his former girlfriend and threatening to kill her.” This conviction was found after testimony was given from Mr. Hardy himself stating that he had “flung her from the bed, threw her into a bathtub, then tossed her on a futon covered with rifles. Hardy ripped a necklace he had given her off her neck, threw it into a toilet and slammed the lid on her arm when she tried to fish it out.” Attorneys for Greg Hardy announced that they were going to appeal the matter. Under North Carolina law, those convicted of misdemeanors in a bench trial, as in Greg Hardy’s case, have a right to a jury trial in Superior Court.
Despite the guilty conviction Greg Hardy received, he was placed on the National Football League’s commissioner exempt list until the domestic case is resolved. Being placed on the exemption list means that while Greg Hardy cannot participate in practices or play in professional football games, he will still be paid “his weekly portions of a $13.1 million salary.”
Domestic violence is a serious matter that has varying consequences when it is not addressed or taken seriously. In a 2010 Harvard Law Review article, it was found that “conviction rates for athletes are astonishingly low compared to the arrest statistics. Though there is evidence that the responsiveness of police and prosecution to sexual assault complaints involving athletes is favorable, there is an off-setting pro-athlete bias on the part of juries.” Therefore, law enforcement people are responding to the complaints of domestic abuse, however, charges are not being made. Additionally, even if a professional football player is charged in connection to domestic violence, in certain instances the National Football League allows the player to receive payment or play in games rather than stripping the players of their right to play in an effort to discourage them from this sort of behavior.

The combination of not holding football players responsible for their actions in domestic violence disputes, and people not coming forward and reporting the abuse, research shows that professional athletes are much less likely to be charged for domestic violence offenses. While the National Football League is a money generating industry that relies on the talents of its players to keep the economics thriving, being a member of the National Football League should not give athletes immunity to the law or preferential treatment in domestic violence cases.

Sources:

1. Michael M. O’Hear, Symposium: Blue-Collar Crimes/White Collar criminals: Sentencing Elite Athletes who Commit Violent Crimes,12 Marq. Sports L. Rev. 427

2. Bethany P. Withers, The Integrity of the Game: Professional Athletes and Domestic Violence,1 Harv. J. Sport. & Entm’t 146, 149 (2010).

3. David Newton, Greg Hardy Placed on Exempt List, ESPN (Nov. 20, 2014, 11:43 PM) http://espn.go.com/nfl/story/_/id/11543641/greg-hardy-carolina-panthers-expected-placed-exempt-list

4. Michael Gordon, Joseph Person, & Jonathan Jones, Panthers Greg Hardy Guilty of Assaulting Female, Communicating Threats, Charlotte Observer (Nov. 20, 2014, 11:43 PM) http://www.charlotteobserver.com/2014/07/15/5044910/panthers-greg-hardy-arrives-for.html#.VG5-LVPF_s4

5. Justin Peters, No, Seriously, the NFL Does Have a Domestic Violence Problem, Slate (Nov. 20, 2014, 11:43 PM), http://www.slate.com/blogs/crime/2012/12/04/jovan_belcher_murder_suicide_no_seriously_the_nfl_really_does_have_a_domestic.html

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It’s Not Easy Being Green, Thank God for God.

November 3rd, 2014 No comments

By: Katherine Snyder

Blog Category: Religion & Race

Predatory lending practices target members of minority races disproportionately, leaving them disproportionately vulnerable.  Ads for cash-now pay check advances that have hefty interest rates and short repayment time periods are conspicuously absent from areas where affluent white people live while opportunities for reasonable interest rates and mortgages with banks as opposed to subprime lenders are harder for people of color to attain.  Different communities have started to fight back against these unfair practices, many centered around faith-based initiatives.

People of Latino/a heritage are familiar with the tradition of lending circles, called tandas or cundinas in Mexico.  African Americans and people from almost every culture have different names for these groups all over the globe.  Churches and faith-based service initiatives can be the foundation for the Latino and Black communities as well as for recent immigrant communities alike.  These lending circles allow people from the community to come together, contribute a set portion of their paycheck to a common fund managed by one member of the group.  In turn each member of the group takes turn receiving the proceeds.  Depending on where your name falls on the list it acts as a loan or a savings account.  People are held accountable by the valuable good will they have established within the community before the transaction and in following through with the payments.

The success of these small community programs is widespread and can provide a person with the shot in the arm they need to make ends meet and keep moving forward while helping them avoid taking on debt and entering an agreement that could trap them in a perpetual cycle of borrowing.  Unfortunately, many laws in this area are unclear on their application to this type of lending leaving these people with their credit in limbo.  Some non-profits have sought to organize these lending circles in order to give the loans and repayment cycle legal credence so that people are building their credit and actually getting credit for their responsible payment plans.  This legitimacy often triggers a licensure requirement and creates more barriers for these people because the non-profits have to require more from the participants and do not have the resources to achieve a lending license.

The Baptist churches as well as Catholic Charities have taken the initiative to combat this issue in several ways.  First, the Baptist churches have come together to create a united front in order to lobby for a change in the laws that are allowing predatory lending.  The Baptist churches are also seeking to work within their own communities to support their congregations and create opportunities for positive lending opportunities as well as education for borrowers.  Catholic Charities has started some domestic microloan projects designed to help people break out of the cycle of borrowing from high-interest payday lenders.  Finally, California Sen. Lou Correa has a really innovative approach to regulating these lending circles: if it ain’t broke don’t fix it.  He sees the wisdom in allowing people to start building their credit with baby steps without requiring them to jump through giant hoops simultaneously.

The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race.  

Sources: 

Aaron Weaver, At Summit, Baptist Leaders Announce Action Covenants on Hunger, Literacy, Predatory Lending, General CBF (April 24, 2014), available at http://cbfblog.com/2013/11/25/at-summit-baptist-leaders-announce-action-covenants-on-hunger-literacy-predatory-lending/.

Anita F. Hill, Women and the Subprime Crunch, Gender Discrimination (April 24, 2014), available at http://72.5.117.181/economica/stories/viewStory?storyId=3696.

Beth Newberry, Multiplying Loaves, Sojourners (April 24, 2014), available at http://sojo.net/magazine/2013/01/multiplying-loaves.

Brian Dakss, Loans To Avoid at All Costs, CBSNews.com (April 24, 2014), available at http://www.cbsnews.com/news/loans-to-avoid-at-all-costs/.

Manny Fernandez, Study Finds Disparities in Mortgages by Race, N.Y./Region (April 25, 2014), available at http://www.nytimes.com/2007/10/15/nyregion/15subprime.html?_r=4&ex=1350187200&en=a9978e04a9864642&ei=5088&partner=rssnyt&emc=rss&.

Tim Logan, Church, Housing Groups Sue Gov. Brown Over Mortgage Settlement Money, Business (April 24, 2014), available at http://www.latimes.com/business/money/la-fi-mo-mortgage-settlement-money-20140314,0,5927040.story#axzz2wBUjSRCL.

Sarah Ennis, CCHD: Catholic Charities of Salina Expands Microloan Project, (April 26, 2014), available at http://www.ncrlc.com/news.aspx?ID=278.

Shereen Marisol Meraji, Lending Circles Help Latinas Pay Bills and Invest, Morning Edition (April 2, 2014), available at http://www.npr.org/blogs/codeswitch/2014/04/01/292580644/lending-circles-help-latinas-pay-bills-and-invest.

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Women of Color: Domestic Violence Victims & Nuisances in the Eyes of the Law

October 27th, 2014 No comments

By: Patrice Turenne 

Blog Category: Domestic Violence Issues and the Law, Economics, & Race 

In the last twenty-five years hundreds of cities and towns across the country have enacted nuisance ordinances. These ordinances make landlords responsible for weeding out drug dealers and other types of disruptive and undesirable tenants, with the goal of saving neighborhoods from blight.  Landlords are tasked with controlling the conduct of their tenants or face penalties, ranging from fines to the loss of their license to rent.  While the goal of creating beautiful and peaceful neighborhoods is admirable, these ordinances have resulted in an unintended negative consequence, namely the labeling of minority domestic violence victims as nuisances and as a result punishing them for the conduct of their abusers.  This is a heavy burden for a domestic violence victim to bear.  A recent case which stemmed from events that took place in Norristown, Pennsylvania, a small town northwest of Philadelphia, attracted nationwide attention to the plight of domestic violence victims in communities with nuisance ordinances.

Lakisha Briggs, an African-American resident of Norristown, Pa, was afraid to call the police to her rental unit when her live-in boyfriend was abusing her.  Her fear was based on a Norristown Municipal Code, which states that landlords are responsible for the “disorderly behavior” of their tenants.  Under the ordinance, disorderly behavior includes “domestic disturbances that do not require that a mandatory arrest be made.”  More than three calls to the same rental unit for domestic disturbances can result in a landlord being forced to evict their disorderly tenant.  Based on the ordinance in effect at the time, Ms. Briggs, after being beaten with a broken ashtray and then stabbed in the neck, was served an eviction notice.  Prior to losing consciousness Briggs begged her neighbor not to call 911 because she had been warned that further calls to police for domestic disturbances might result in her eviction.

Nuisance ordinances like the one in effect in Norristown, in addition to labeling domestic violence victims nuisances, have an additional unintended impact on minorities.  They disproportionately impact African-American women.  This is due to the fact that African-American women are more likely to be domestic violence victims than Caucasian women.  Recent statistics indicate that African-American women experience intimate partner violence at rates significantly higher than Caucasian women.  The same appears to be the case for African-American men as compared to Caucasian men.  With these statistics in mind, if nuisance ordinances remain in place, minority women and men all over the country are at greater risk for ending up in situations like Ms. Briggs, abused and facing eviction as a result.

Luckily, Ms. Briggs’ situation attracted the attention of the American Civil Liberties Union.  A complaint was filed on behalf of Ms. Briggs against Norristown in the U.S. District Court of the Eastern District of Pennsylvania.  The complaint alleges that Norristown’s ordinance violated Ms. Briggs’ constitutional rights, including her right to procedural and substantive due process.  Nuisance ordinances like the one in place in Norristown threaten citizens’ fundamental right to call the police for help in situations where domestic violence is involved.  We can only hope that Ms. Briggs’ case will result in the removal of domestic violence disturbances from the list of eviction worthy offenses in Norristown, PA.  Furthermore, the pending lawsuit hopefully will result in a wave of similar changes to the nuisance ordinances in effect in other jurisdictions.  Finally, I sincerely hope that the attention brought to Ms. Briggs’ case will result in widespread education, especially for police officers, about domestic violence.  The last thing a victim needs is to feel like a nuisance or a burden when they call for help.

The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race. 

Sources:

Sandra Park, Shut Up or Get Out: PA City Punishes Domestic Violence Victims Who Call the Police, available at https://www.aclu.org/blog/womens-rights-lgbt-rights-racial-justice-criminal-law-reform/shut-or-get-out-pa-city-punishes  Shut Up or Get Out: PA City Punishes Domestic Violence Victims Who Call the Police.

American Bar Association, Domestic Violence Statistics, available at http://www.americanbar.org/groups/domestic_violence/resources/statistics.html.

Josh Sugarmann, Black Women Face a Greater Risk of Domestic Violence, available at http://www.huffingtonpost.com/josh-sugarmann/black-women-face-a-greate_b_4157659.html.

Anna Stolley Persky, A Call for Help an Ordinance That Evicts Tenants for Seeking Police Aid Is Putting Abused Women Out on the Street, ABA J., September 2013.

Erik Eckholm, Victims’ Dilemma: 911 Calls Can Bring Eviction, available at http://www.nytimes.com/2013/08/17/us/victims-dilemma-911-calls-can-bring-eviction.html?pagewanted=all&_r=0.

Pennsylvania is Fracking its Most Vulnerable Citizens

October 20th, 2014 No comments

By: Aaron Kostyk

Blog Category: Economics of Environmental Regulation

As of 2012, the Commonwealth of Pennsylvania has been charging companies an “impact fee” to extract natural gas from the Marcellus Shale deposits.[1]  Several States, which have had longer relationships with the natural gas industry, have what are known as severance taxes, which are essentially just set rate percentage taxes.[2]  Pennsylvania could potentially generate $1.2 billion annually by the year 2019-20 with a 4% severance tax, which is three times as much as the current revenue generated by the “impact fee.”[3]  This is hardly some radical, leftist environmental regulation, Texas and West Virginia have had severance taxes for years, and as production increases the revenue gap between these two models increases in favor of a set percentage severance tax.[4]  The obvious question is why does the Commonwealth continue to surrender revenue to private interests while bemoaning budgetary constraints?

As editorials and think tanks coalesce against leaving money on the table with the “impact fee”, Pennsylvania will have to reconsider its tax policy to conform to States that have been dealing with the natural gas industry for decades.  Given Governor Corbett’s very public spat with Philadelphia area activists and education interests, perhaps it is time for the Commonwealth to consider plucking the low hanging fruit of natural gas revenue to ensure that education funding and spending on social services continue to improve.  Obviously the Marcellus Shale deposits bring jobs and opportunity to many long suffering rust belt towns but it does not stand up to scrutiny that  these jobs will dry up if Pennsylvania has the same tax rate as Texas.

The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race. 

[1] Michael Wood, A Look at Other States Shows Marcellus Impact Fee Shortchanges Pennsylvanians, 2013 Pa. Budget & Pol’y Center, Aug. 08, 2013 at (2013), http://pennbpc.org/look-other-states-shows-marcellus-impact-fee-shortchanges-pennsylvanians (last visited Mar. 17, 2014).

[2] Id.

[3] Id.

[4] Id.

Supreme Court Upholds Gun Ban for Domestic Violence Offenders

October 13th, 2014 No comments

By: Amanda DiLiberto

Blog Category: Domestic Violence Issues and the Law, Economics, & Race

In 1996, Congress passed 18 U.S.C.S §922(g)(9), forbidding anyone convicted of “a misdemeanor crime of domestic violence” to possess firearms.  In passing this law, Congress considered the strong connection between gun violence and domestic violence.

On March 24, 2014, the United States Supreme Court decided United States v. Castleman.  Here, the respondent, James Castleman, had been previously convicted under Tennessee law for the offense of having “intentionally or knowingly cause[d] bodily injury to his child’s mother.  Several years later, federal authorities discovered that Castleman was selling firearms illegally.  Castleman was charged with two counts of violating §922(g)(9).  The question before the Court was “whether this conviction qualifie[d] as a misdemeanor crime of domestic violence.”

To be considered a “misdemeanor crime of domestic violence,” an element of the crime must be “the use or attempted use of physical force.”  It is this phrase that the Court focused on throughout the majority of its analysis.

In its 9-0 decision, the Court concluded that the requirement of “physical force” was satisfied.  To aid in its decision, the Court reviewed Castleman’s original indictment.  The language of the indictment made it clear that the use of physical force was an element of Castleman’s conviction.  Thus Castleman’s conviction qualified as a “misdemeanor crime of domestic violence” under §922(g)(9).

The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race. 

Sources:

United States v. Castleman, 572 S.Ct. 1 (2014).

18 U.S.C.S. § 922(g)(9).