Digital Commons Network^™

The Flag Can Travel But The Constitution Must Ask Permission: How The First Circuit And The District For Puerto Rico Commit To Equal Protection Without Abandoning The Insular Cases Doctrine, Alejandro J. Anselmi González

University of Miami Inter-American Law Review

For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the Constitution eliminated the institution of slavery and were supposed to guarantee equal civil and legal status to all citizens. The Constitution, however, has not been consistently interpreted in this way since the end of the Spanish-American War in 1898. The nation emerged from this conflict …

Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot

University of Miami Inter-American Law Review

This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country’s response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each country is addressing their own unique housing and eviction crises. Finally, this Note will offer recommendations on how each country should modify their housing policies in light of the pandemic in order to comply with international human rights standards.

Legal And Ethical Implications Of U.S. And Canadian Vaccine Contracts: The Impact Of Vaccine Nationalism On The Global Pandemic Response, Ryan S. Tahiri

University of Miami Inter-American Law Review

This note explores the COVID-19 vaccine contracts between the U.S. and Canada and the impact of these types of agreements on the global pandemic response. These “pre-purchases,” many of which were executed before the development of a vaccine, have afforded a select few nations the opportunity to stockpile vaccines, while other nations with fewer resources are unable to secure any doses. An effective method to counter the effects of the pandemic is the creation of a global vaccine network that provides equitable access to vaccine doses for nations in need. COVAX was launched to ensure that lower and middle-income nations …

Research On Legal Governance System Of American Basic Research, Lingjuan Li, Changran Zhang, Jiang Yu

Bulletin of Chinese Academy of Sciences (Chinese Version)

The study of the legal governance system of American basic research focuses on two dimensions, (1) The composition of American basic research system and the related legal basis. The American basic research system is a highly complex and dynamic system, including the US Science Foundation, which is dedicated to the free exploration of basic research, and the "mission-oriented basic research" agencies such as the National Institutes of Health, the US Energy Agency, and the National Aeronautics and Space Administration, which focuses on national security and social development needs. (2) The legal and regulatory framework for the implementation of different types …

Development And Enlightenment Of American Intelligent Manufacturing, Yi Sun, Muxiong Luo

Bulletin of Chinese Academy of Sciences (Chinese Version)

With the coming of technological and industrial revolution, China's economy steps into a period with strategic opportunities, where the economic structure faces a series of challenges. As an industrial country, the transformation and upgrade of manufacturing industry has become an important channel driving high-quality economic growth and realizing the dual circulation in which domestic circulation is prioritized and domestic-international circulations mutually reinforce each other. In contrast to situation that United States values virtual economy and neglects real economy for a long term, the administrations of Obama, Trump, and Biden consider the strategy revitalizing manufacturing industry as the core industrial strategy …

The Us Supervisory Capital Assessment Program (Scap) And Capital Assistance Program (Cap), Aidan Lawson

Journal of Financial Crises

Due to continued stress during the Global Financial Crisis, the US Treasury released a series of additional measures in February 2009 that included a mandatory stress test for major U.S. bank holding companies (BHCs), backed by government capital. The stress test, known as the Supervisory Capital Assessment Program (SCAP), tested the capital adequacy of the 19 U.S. BHCs that had more than $100 billion in assets. A large interagency team of regulators and other experts estimated losses and income under two hypothetical scenarios for the group of BHCs: a baseline that reflected the consensus belief about the course of the …

Us Reconstruction Finance Corporation: Preferred Stock Purchase Program, Aidan Lawson

Journal of Financial Crises

By March 1933, the early collateralized lending programs of the Reconstruction Finance Corporation (RFC) had failed to prevent the recurrence of bank runs and panic in US financial markets. These conditions forced newly elected President Franklin Delano Roosevelt to call for a nationwide bank holiday from March 6 to March 9. On the final day of the holiday, a special session of Congress passed the Emergency Banking Act (EBA), which gave the RFC the power to make investments via preferred equity of distressed institutions. Under the EBA, the RFC could subscribe to and make loans on cumulative non-assessable preferred stock …

Book Review: Last Train To Auschwitz The French National Railways And The Journey To Accountability, Timothy Plum

Genocide Studies and Prevention: An International Journal

The book Last Train to Auschwitz: The French National Railways and the Journey to Accountability, written by Sarah Federman traces the SNCF’s journey toward accountability in France and the United States. Told from the Holocaust survivors’ perspective the volume illustrates the long-term effects of the railroad’s complicity with the Nazis on individuals, and transitional justice that leads to corporate accountability. In a time when corporations are increasingly granted the same rights as people, Federman’s detailed account demonstrates the obligations businesses to atone for aiding and abetting governments in committing atrocities.

A Human Rights Crisis Under Our Roof, Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas

The Scholar: St. Mary's Law Review on Race and Social Justice

Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …

Organic Waste Bans: Beyond The Compost Heap, David Lee

Journal of Food Law & Policy

Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …

An Upstander Is A Person In Your Neighborhood: Children, Sesame Street, And Race In 2020, Gemma Yoo

The Yale Undergraduate Research Journal

Educational children’s media, such as the program Sesame Street, may be the most accessible format for teaching young children about race and racism in the United States. Throughout its history, Sesame Street has attempted to confront racism through its diverse cast and, in the summer of 2020, by directly addressing the topic with children and families. However, both its passive representation and active discussion fall short of what is needed to confront systemic racism. This paper addresses Sesame Street’s past and present role as a leader in children’s educational media, and advocates that the program employ Critical Race Theory to …

Art As Protest: How Creative Activism Shaped “Black Lives Matter” In Richmond, Virginia, Anaheed Mobaraki

The Yale Undergraduate Research Journal

Unrest spurred by the resurgence of the Black Lives Matter movement in the United States has flowed throughout the city of Richmond, Virginia. Unique forms of protest have proliferated across the city, encompassing several artistic tactics such as graffiti art, oral storytelling, graphic design, and movement art. This paper will explore the effectiveness of art as protest by analyzing its impacts on several foundational aspects of social movements. Combining my personal observations, scholarly literature, and research on other social movements, I have developed my own findings regarding the use of art in Richmond’s Black Lives Matter movement. I posit that …

Barriers To The Diagnosis Of Dyslexia In Children, Maria Cunningham

The Yale Undergraduate Research Journal

Dyslexia is a learning disability that impairs reading, writing, and spelling and is estimated to affect 5-20% of people (Shaywitz, 1998; Shaywitz, 2003). Although dyslexia is a life-long disability that has no cure, evidence-based treatments are available for struggling students (Shaywitz, 2003). The earlier these interventions are implemented, the better the student outcomes (Alexander & Slinger-Constant, 2004). However, despite the very high prevalence of dyslexia and time-sensitive need for treatment, many affected individuals slip through the cracks and go undiagnosed until adolescence or adulthood – most never get diagnosed at all (Shaywitz, 2003). This paper addresses potential barriers that contribute …

Returning To The Gender Gap In College Major: How Much Can Pre- College Skills Explain?, Nathalie Beauchamps

The Yale Undergraduate Research Journal

The gender wage gap in the United States is a well-known phenomenon and researchers across many disciplines have tried to pinpoint its cause. One popular explanation is the gender gap in college major choice; however, it is still unknown why women tend to major in so-called soft sciences and men in hard sciences. This paper builds upon Speer (2017)’s work studying the gender gap in major choice as explained by test scores. Rather than utilizing OLS regressions, I employ a Kitagawa-Oaxaca-Blinder decomposition method, which also shows how unspecified discrimination works for or against women (or men) in how much their …

A Case For African American Reparations: The Inheritance Of Racist Hierarchies And Moral Harm, Ko Cheang

The Yale Undergraduate Research Journal

In this paper, I will argue that living white Americans with no individual ethical responsibility in original wrongdoings such as slavery, segregation and mass incarceration against African Americans in the United States have an obligation to repair the ongoing, present-day reproductions of past injuries. Using the Lockean inheritance argument for Black reparations laid out by Bernard R. Boxill as a starting point, I will show how a narrow conception of inheritance as property-based and merely legal is insufficient to justify reparations for non-property-based harms such as dignity loss or bodily violations. Drawing upon James Baldwin’s notion of history to explain …

A Silent Injustice: Air Pollution As A Contributing Factor Of Covid-19 Health Disparities, Spencer Johnson

The Yale Undergraduate Research Journal

COVID-19, the disease caused by SARS-CoV-2 has had a disproportionate impact on Black communities throughout the United States. This paper suggests that air pollution may be a factor for why Black individuals experience markedly poorer health outcomes after contracting COVID-19. It establishes that not only are Black Americans exposed to disproportionate amounts of air pollution, but also that many air pollution-related ailments are the exact ones that have been clinically proven to make COVID-19 more fatal. AV Whe UniWed SWaWeV diVcXVVeV ZhaW a ³neZ noUmal´ entails for healthcare practice and public health policy, this paper makes the case for why …

Operationalizing Culture: Refugees, Migration, And Mental Health In The Wake Of The Vietnam War, Helena Bui

The Yale Undergraduate Research Journal

!e end of the Vietnam War led to the migration of hundreds of thousands of Vietnamese refugees to the United States a"er political and economic upheaval. As another result, the refugees’ years of warfare, trauma, death, and injury began to manifest as unprecedented mental health issues that American physicians and researchers sought to understand. In this paper, I argue that American medical professionals— in good faith—operationalized [Vietnamese] culture to help themselves and their colleagues understand the mental health issues of Vietnamese refugees. Yet this operationalization acted as a double-edged sword. Viewing Western mental health discourse through the lens of Vietnamese …

Immunity As An Integral Aspect Of Tribal Sovereignty: An Analysis Of The Supreme Court Case Michigan V. Bay Mills Indian Community, Meghanlata Gupta

The Yale Undergraduate Research Journal

While Native nations in the United States have tribal sovereignty—that is, the inherent freedom and authority to govern themselves without outside control—non-Native actors have often challenged this institution within legal and political spaces. The United States court system, starting with the Marshall Court, has often attempted to define aspects of Indigenous sovereignty and federal-tribal relationships. The 2014 US Supreme Court case Michigan v. Bay Mills Indian Community is no exception, raising questions of sovereign immunity in the context of Indian gaming, tribal-state relationships, and land trusts. This paper first provides a general context for the case, identifying relevant historical events …

Review Of Building Peace In America, Chris Hausmann, Ron Pagnucco

The Journal of Social Encounters

No abstract provided.

Intercultural Competence In Teacher Preparation Programs In The United States And Canada: A Meta-Synthesis Study, Sandra Silva-Enos

University of South Florida (USF) M3 Publishing

With a growing linguistically and culturally diverse population among our student demographics, it has become a necessity for teachers to create culturally responsive and sustaining classroom environments that can value and leverage students funds of knowledge. Teacher preparation programs are tasked with helping pre-service teachers develop intercultural understanding and competence as a means to aid in preparing them for culturally responsive and sustaining teaching. This meta-synthesis systematic review explores how pre-service teachers enrolled in teacher preparation programs in the United States and Canada progressively develop their intercultural competence skills. The findings highlight a progression of seven stages, across eight studies, …

Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali

Indiana Journal of Global Legal Studies

This note analyzes the US Government's approach to unaccompanied minors and the webs they must navigate when they are apprehended by the US immigration system. More importantly, this note calls for reformative approaches to children's rights through acknowledging the differences between adults and children while simultaneously taking their vulnerability and autonomy into account. After explaining the migrant crisis along with its implications and examining the underlying reasons fostering this movement, this note discusses the legal options available for unaccompanied minors. It draws on the shortcomings of the immigration system as the system labels unaccompanied minors as dependent children, but also …

Calling The Shots: Balancing Parental And Child Rights In The Age Of Anti-Vax, Mahrukh Badar

Indiana Journal of Global Legal Studies

Vaccinations have become a contentious issue in recent times. Although there has always been opposition to vaccines, the internet has made it possible for pseudoscience and false information to spread like never before. This has led to alarming declines in vaccine confidence and adherence rates globally. High-income countries have seen the sharpest drop in vaccine confidence rates. Factors such as the complacency effect and religious objections likely explain this decline. Most countries have attempted to raise vaccine confidence levels by enacting laws that make vaccinations for children compulsory, with strict penalties for parents who refuse to comply. In addition to …

How The World's Largest Economies Regulate Data Privacy: Drawbacks, Benefits, & Proposed Solutions, Alexander J. Pantos

Indiana Journal of Global Legal Studies

National data privacy regimes are quickly gaining traction and ubiquity around the globe. Moving forward, countries will face a range of difficult decisions surrounding how best to engage internationally in cross border data flow, particularly in the context of personal information (PI).

This article takes a bird's-eye view of the current state of data privacy regimes in the world's four highest GDP regions. In part, this article hopes to provide a succinct analysis of these data privacy regimes, with a focus on the balance they strike between granting individuals rights in their data and placing responsibilities on businesses that deal …

One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks

Utah Law Review

This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher …

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos

University of Miami Law Review

Materiality plays an important role in limiting the reach of laws that penalize misrepresentations. Laws that include no materiality element punish any covered misrepresentation regardless of its relevance—like lying about hair color on a loan application. By contrast, laws that include a materiality element withhold punishment for immaterial misrepresentations of that kind—in other words, misrepresentations that have no tendency to affect the ultimate decision.
Our immigration laws make it a deportable offense for a noncitizen to “falsely represent” herself as a U.S. citizen for a purpose or benefit under the law. Although this law has been on the books for …

Domestic Outsourcing: Bridging The Gap Between Urban And Rural America, Colby Nelson

Marriott Student Review

With rural communities struggling to keep up with urban powerhouses of economic activity, domestic outsourcing of business services represents one possible solution. As high-skill job opportunities are distributed beyond the suburbs of technology hubs, rural communities will gain much-needed economic hope and reduce the consequences of brain drain. At the same time, urban centers will find relief from the symptoms of growing population pressures like the California housing crisis and the skills gap in local talent pools. Based on research on startup support policies in Southeast Europe, businesses and governments should focus on enabling, educating, and empowering rural business leaders …

Legal Lying?, Robert Angyal, Nicholas Saady

Pepperdine Dispute Resolution Law Journal

Mediation has become very common in the USA and Australia—at least partly because of court-mandated mediation initiatives. Lawyers often represent clients at mediations, so the increased use of mediation makes it important to understand how both jurisdictions regulate lawyers’ advocacy on behalf of their clients during mediation. This article comparatively analyzes how professional standards regulate the truthfulness of lawyers’ advocacy during mediation in Australia and the United States. It focuses on uniform regulation in those jurisdictions. Part One will comparatively analyze the relevant regulations in Australia and the United States, and the types of obligations contained in those regulations—for example, …

Ironic Transitions: Conflicting Results Of Greater Visibility During The Last 20 Years Of Transgender Experience In The United States, Brianna M. Pace

SCSU Journal of Student Scholarship

The spread of internet and social media access in the 21^st century led to increased visibility of transgender persons in the U.S., especially within such popular culture venues as art, music, literature, television, and movies. The rapid communication facilitated by the internet also allowed for the formation of larger, more widespread trans communities. This foundation of visibility and community association enabled transgender persons to achieve many breakthroughs in health and mental health care, as well as in anti-discrimination laws. At the same time, this visibility sparked a countermovement against the rights of transgender persons, paralleling a year-by-year increase in …

Hubungan Iran-Amerika Serikat Masa Pemerintahan Hassan Rouhani (Telaah Perjanjian Jcpoa), Ayu Maulida Alkholid, Firmanda Taufiq

Journal Of Middle East and Islamic Studies

Relations between Iran and the United States show fluctuating dynamics. The historical relationship and cooperation between the two countries represents how the process works. In fact, during the reign of Shah Reza Pahlavi, Iran-US relations looked good and established important cooperation in several sectors. The political constellation of Iran that continues to intertwine makes the US also respond and issue various policies, including the issue of the nuclear development program. The program during the reign of Hassan Rouhani was also one of the priority policies. Until, the JCPOA agreement was formed between Iran and the P5+1 group countries (US, UK, …