THE AMERICANS WITH DISABILITIES ACT V. THE INTERNET: THE MORE USE THE INTERNET GETS, THE MORE ACCESSIBLE IT SHOULD BE

Suppose you are a blind person who needs to refill your medication prescription at your local pharmacy. You want to use the pharmacy’s website feature that allows you to refill prescriptions from home because of the difficulties you face traveling to and from the building and the lack of privacy you feel inside the pharmacy. When you access the pharmacy’s website on your computer, you realize that ninety percent of the tabs on the pharmacy’s website do not work with your voice-over software. This is the compatible software that you use regularly to navigate the internet as a blind person. Then you think, is it fair or even legal that a blind person cannot receive the full and equal enjoyment of services or products from a website just because of their disability? Congress addressed part of this issue when they passed the Americans with Disabilities Act (ADA) in 1990. Specifically, Title III of the ADA requires “places of public accommodation” to provide consumers with disabilities equal access to the goods and services of private establishments. Since the ADA was passed before the internet was mainstream in the United States, there is no explicit mention of the internet in the Act’s language. So, are online forums required to adhere to the requirements listed in Title III of the ADA? Seven of the United States Courts of Appeals have answered this question, but they have all used different tests in determining their outcomes. The use of different tests has become problematic for both consumers and business owners. This Note will suggest that all of the current tests—the Intention Test, Nexus Test, and Impermissible Barrier Test—are inadequate. It will propose a new bright-line rule that should be adopted by the Department of Justice (DOJ) to enforce ADA coverage for websites and businesses that rely on e-commerce—the Traffic or Profit Test

CREATING A GOOD GIG FOR APP-BASED WORKERS IN MASSACHUSETTS: LETTING COMPANIES DRAFT EMPLOYMENT LAW IS NOT THE ANSWER

There is significant debate surrounding the classification of app-based drivers in the United States. Companies with app-based drivers, such as Uber, Lyft, and DoorDash, have been classifying their workers as independent contractors, rather than employees, despite state laws. In November 2020, with the support of the companies mentioned above, the California legislature passed Proposition 22, defining app-based drivers as independent contractors. What about Massachusetts? There is a debate as to whether app-based drivers are currently employees or independent contractors under Massachusetts law. These app-based drivers should be classified as employees under Massachusetts law but are misclassified as independent contractors. A Massachusetts ballot initiative defined app-based drivers, who met specific criteria, as independent contractors. After the Massachusetts legislature approved the initiative for the November 2022 ballot, the Massachusetts Supreme Judicial Court declared the initiative unconstitutional, preventing the initiative’s placement on the ballot. Then, the United States Department of Labor released a proposed rule in October of 2022 that would revise the federal analysis for determining if a worker is an employee or independent contractor. The Department of Labor accepted written comments from the public until November 28, 2022. It will likely take months for the Department of Labor to read the comments and decide if the rule will be implemented. Implementation of this rule would impact Massachusetts employment law. This Note argues that the initiative in Massachusetts would not have provided app-based drivers with enough benefits and protections, including fair wages and the employer’s obligation to pay and withhold taxes on behalf of the worker. This Note also proposes legislation that Massachusetts should consider, with the Department of Labor’s proposed rule in mind, since the initiative did not make it to the ballot. The legislation proposed in this Note intends to protect and benefit app-based workers in Massachusetts and influence employment law so initiatives like this do not succeed in other states

Athletic Scholarships and Title IX: Compliance Trends and Context

This Article evaluates enforcement practices and compliance trends related to Title IX\u27s requirement for gender equity in the distribution of athletic financial aid. It confirms that universities in the most competitive athletic programs continue to underfund women\u27s athletic scholarships relative to the proportionality standard required by law. It also confirms that the under-allocation of women\u27s athletic opportunities at universities across divisions results in additional disparities in scholarship funding that is not captured by an analysis of compliance. This Article concludes with suggestions that the government clarifies its expectations and enforcement priorities. It further calls for regulators, scholars, and advocates to monitor disparities in athletic financial aid and to ensure that these existing disparities are not replicated as universities expand the scope of economic benefits that students receive because of their participation in college athletics

REDEFINING REFUGEE RESETTLEMENT: REPAIRING THE CRACKS IN THE PATHWAY TO THE AMERICAN DREAM

Once the world leader in refugee resettlement, the United States has slowly but steadily obliterated its refugee resettlement program. Millions of people around the globe have been forced to seek refuge from violence and persecution in their native countries. The international consequences of the refugee crisis threaten economic stability and security. This Note will outline the history and development of refugee resettlement in the United States from Ellis Island to the present, including an overview of the various government agencies and organizations involved in refugee resettlement. Through an in-depth analysis of the political, structural, and financial issues the country faces amid the global refugee crisis, the need to expand ethnic-based community investment and enhance funding to conquer the crisis will become clear. This Note argues that the expansion of ethnic-based community-led programs will complement the current refugee resettlement infrastructure. This Note further argues that a Congressionally funded contingency account should be designated to the Reception and Placement Program and the Office of Refugee Resettlement to stabilize refugee integration. These solutions focused on greater integration and funding will help to advance resettlement in the United States and foster safety, independence, and community for refugees around the world

“Made to Feel Broken”: Ending Conversion Practices and Saving Transgender Lives

There has been a recent unprecedented, coordinated campaign by state governments to deny gender-transition care to transgender youth. It is within this context that Florence Ashley argues in Banning Transgender Conversion Practices: A Legal and Policy Analysis that legislation banning conversion practices is both lifesaving to transgender people directly affected and an important step in securing health and the recognition of dignity for all transgender people. The Authors highly recommend the book as a thoughtful and well-researched look at the issue. They also expand on several topics discussed in the book, including the harm caused by these practices, the constitutionality of such legislation, and the underexplored influence of the troubled teen industry