Digital Commons Network^™

Shareholders All The Way Down: Eu Corporate Sustainability Reforms And The Structure Of Corporate Governance, Matthew T. Bodie

Georgia Journal of International & Comparative Law

No abstract provided.

Party Autonomy In Investor-State Arbitration: Supremacy Of Treaty And The Future Of Most-Favored Nation Treatment, Riddhi Dasgupta Ph.D

Georgia Journal of International & Comparative Law

No abstract provided.

Formulating Public Pharma, Shweta Kumar

IPIPC Papers & Reports

In 2022, prices for both brand-name and generic drugs in the U.S. were nearly three times as high as prices in comparably industrialized nations, with the cost of insulin products in particular being nearly ten times as high. As a result, 3 out of 10 American adults cannot afford to take their medication as prescribed. Furthermore, in 2024 the U.S. experienced its worst drug shortage in over a decade, with more than 300 drugs in short supply. Generic drugs are particularly vulnerable to shortage, as manufacturers have poor economic incentives to produce drugs with slim profit margins. While the Biden …

Despair For Democracy, Bennett L. Gershman

Pace Law Review

In the convoluted terrain of American democracy, the proliferation of lies, misinformation, conspiracy theories, and paranoid thinking has emerged as a pervasive force, undermining the foundational principles upon which the nation was built. This article embarks on a penetrating exploration of the multifaceted challenges posed by these phenomena, exacerbated by the divisive rhetoric and provocative incitements to violence perpetuated by the Trump administration. As the fabric of truth unravels, the rule of law stands as a critical linchpin in preserving the integrity of democracy, serving as a bulwark against the encroachment of authoritarianism and the unchecked spread of disinformation.

Against …

Free Exercise Challenges To Entheogen Prohibitions: Precedents, Principles, And Issues, Kevin Chamow

Pace Law Review

This paper examines the conditions for the possibility of future

challenges to prohibitions against the cultivation, distribution, and use of entheogens—substances which reliably induce religious experiences in their users—based on the Free Exercise Clause of the First Amendment. Smith no longer applies to federal prohibitions against entheogens, because of Religious Freedom Restoration Act (RFRA). Under the current Gonzalez framework, the Court is given the difficult task of evaluating the cost of the claimant’s exemption against the state’s interest in the general ban; including how the exemption would impact enforcement of the general ban. This is essentially predictive systems-theory and policymaking, …

Samuel Alito's Dobbs Opinion And The Resurrection Of Second-Class Citizenship, Sue Mcgrath

Pace Law Review

This article examines Justice Samuel Alito’s opinion in the landmark Dobbs v. Jackson Women’s Health Organization case, analyzing its implications for women’s rights and reproductive freedom in the United States. By contextualizing Alito’s arguments within a historical framework, the piece argues that his decision represents a significant regression in civil rights, effectively resurrecting a form of second-class citizenship for women. The analysis delves into the legal reasoning employed, the socio-political ramifications of the ruling, and the broader implications for gender equality. Ultimately, the article calls for a critical reevaluation of judicial interpretations that prioritize certain rights over others, highlighting the …

Panel Discussion Ii: Analyzing The Immigration Process And How Criminal Law Fits In, Tricia Herzfeld, Jeremy Jennings, Karla Mckanders

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam, Hamza Hammad

An-Najah University Journal for Research - B (Humanities)

Objectives: The purpose of this research is to extrapolate and analyze the causes leading to suicide prevention in the Islamic religion, by deducing the relationship between the level of Islamic religiosity and mental health, specifically suicide, then extrapolating the factors or components that lead to suicide prevention in the Islamic religion, as well as analyzing the Islamic faith’s position on Suicide, then inferring the effect of belief in fate and destiny on psychological security and in reducing suicide. Methods: This study follows the inductive and analytical approach, based on extrapolating studies and statistics about suicide rates in the world as …

Lawyers’ And Law Professors’ Experience With Worker Governance, Brett Mcdonnell

Chicago-Kent Law Review

No abstract provided.

Corporate Governance For Platform Workers, Grant M. Hayden, Matthew T. Bodie

Chicago-Kent Law Review

No abstract provided.

Labor Law, Ownership, And The Firm, Sanjukta Paul

Chicago-Kent Law Review

No abstract provided.

We Have Lost Our Minds: Bioethics After Dobbs, Teneille R. Brown

Utah Law Faculty Scholarship

This article examines the paradoxical treatment of autonomy in American healthcare law. While autonomy has become the dominant principle in medical ethics and neoliberal market philosophies, pregnant people have been systematically denied this same autonomy through increasingly restrictive abortion statutes. Using the rhetoric of “informed consent,” abortion-restrictive statutes ironically pervert the animating principles behind the doctrine—rendering it almost meaningless.  I argue that this contradiction stems from the dehumanization of pregnant people who seek abortions, particularly through the denial of their capacity to have individual, complex mental states and feelings. Drawing on moral psychology, the article demonstrates how pregnant people are …

Intervention And Universal Remedies, Monica Haymond

University of Chicago Law Review

Civil procedure plays a pivotal role in shaping litigation, including some of the most divisive and politically consequential cases heard in federal court—those seeking nationwide injunctions to block federal policies. But we know very little about how such cases are actually litigated. It is often assumed that procedural rules, crafted to apply to many types of cases, work equally well in the nationwide-injunction context. This Article challenges that view. In fact, procedural rules are having a critical substantive effect on the outcomes of these cases. And they are undermining the very values they were designed to serve.

This Article examines …

Bostock And The Forgotten Eeoc, Sandra F. Sperino

Faculty Publications

In Bostock v. Clayton County, Georgia, the Supreme Court formally recognized that federal discrimination law prohibits discrimination based on sexual orientation and gender identity. The opinion barely mentioned the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal discrimination law. Reading Bostock, it would be easy to get the impression that the EEOC played little to no role in the outcome. This Essay reclaims and restores the EEOC's role.

In restoring the EEOC's role in this story, two themes emerge. First, Bostock's methodology erases the administrative agency tasked with enforcing Title VII in ways that are inconsistent …

Is Sunlight The Best Disinfectant? The Role Of Regulation In Addressing Cybersecurity Concerns, Reagan Leverett

Vanderbilt Law Review

The technological landscape in the United States is changing rapidly, and this transformation carries with it unprecedented challenges for administrators, companies, and investors alike. In particular, cybersecurity concerns are growing in light of the new opportunities for cyber malfeasance in this landscape—opportunities to pillage corporate databases and exploit the sensitive consumer information housed therein. For administrators, these new threats challenge prevailing regulatory frameworks and demand novel solutions. For companies, this landscape brings financial and reputational threats. For stakeholders, the cyber era presents the risk of investment losses and, in some cases, loss of personal data.

The Securities and Exchange Commission …

Network Harms, Andy Z. Wang

University of Chicago Law Review

When it comes to data, the whole is greater than the sum of its parts. There may be millions of people with the same birthday. But how many also have a dog, drive a red car, and have two kids? The more that data is aggregated, the more identifying, and thus sensitive, it becomes. In recognition of this principle, the law has developed safe harbors for firms that take steps to prevent aggregation of the data they sell. A firm might, for instance, anonymize its data by removing identifying information. But as the science academy has shown, a wide array …

Addressing Energy Insecurity Upstream: Electric Utility Ratemaking And Rate Design As Levers For Change, Emma Shumway, Diana HernáNdez, QëNdresa Krasniqi, Vivek Shastry, Abigail Austin, Michael B. Gerrard

Faculty Scholarship

Millions of Americans are impacted by energy insecurity each year, in part due to unaffordable and inequitable electricity rates. The electric ratemaking process presents opportunities to confront issues of affordability and equity or to instead entrench traditional approaches. State legislatures, public utility commissions (PUCs), and advocates all play vital roles in making the former a reality. Historically, ratemaking has been criticized as an insular and highly technical process that caters to utilities rather than customers. But states like California and New York are making strides by broadening PUC legal authority to include explicit consideration of equity issues, adjusting incentives and …

Law Library Blog (November 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

As Punishment For Arrests: Involuntary Servitude Under The Housekeeping Exception To The Thirteenth Amendment, Elissa Bowling

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Thirteenth Amendment reads: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Yet, in contemporary American jails and prisons, pretrial detainees have been forced to perform work for these carceral facilities despite not being convicted of a crime. When tasked with assessing the constitutionality of such pre-conviction labor policies, courts employed a narrow reading of the Thirteenth Amendment and ruled that jails and prisons can compel pretrial detainees to perform maintenance and operational tasks under the …

Why The United States Should Change Its Standards For Food Additives, Sara Smith

Touro Law Review

Processed food products sold in the United States are vastly different than those in Europe, often containing unnecessary and potentially dangerous additives. Recently, food consumer advocacy groups and reporters are bringing attention to these differences, thereby raising awareness of the poor processed food quality in the United States. The United States should take a new and improved method to food safety that mirrors the European Union’s approach. This Note will compare the differences between food additives in the United States and Europe, and further, will propose solutions to increase regulation on food additives in the United States.

#Employerstoo: Expanding Vicarious Liability For Sexual Harassment In Title Vii And Tort Law, Kassandra "Kassie" Fotiadis

Michigan Law Review

When an individual experiences sexual harassment through a workplace, she has limited options for recourse. One seemingly promising possibility is bringing a claim against her perpetrator’s employer. But this option—achievable through vicarious liability—has failed to realize its potential. In 1998, the U.S. Supreme Court established a standard to enforce vicarious liability for sexual harassment claims under Title VII. That standard, though, was limited in scope to begin with and has further narrowed over time. Common law principles also allow courts to hold employers vicariously liable for sexual harassment in tort. But few jurisdictions have adopted those principles, and there is …

Taxation’S Limits, Luís C. Calderón Gómez

Articles

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Dismantling A Marketplace For Private Violence: Reclaiming The Modern Weapons Of War To Forestall Filibusters Of The Web, Rachel Dodge

Vanderbilt Law Review

Civilian military activism is a challenge that U.S. policymakers have struggled with since the Founding. The United States’ first answer to this issue was the Neutrality Act of 1794, which embodied the young nation’s rejection of private violence and fear of being dragged into international conflicts by overzealous citizens. For decades, the Neutrality Act remained an important tool in the government’s repertoire and was amended to close newfound loopholes and respond to evolving technologies. In the mid-1800s, however, the government’s enforcement efforts waned, culminating in a period where the acts of the government and those of the governed bled together …

Artificial Intelligence & Criminal Justice: A Primer, Benjamin Perrin

All Faculty Publications

The UBC Artificial Intelligence & Criminal Justice Initiative empowers students and scholars to explore the opportunities and challenges at the intersection of AI and criminal justice through teaching, research, public engagement, and advocacy.

The Second Amendment’S Second Sex, Michael Ulrich

Faculty Scholarship

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.

Kenya And The Bbnj Agreement : Focusing On The Importance Of Ratification And Implementation Of Area-Based Management Tools Including Mpas Why Kenya Should Ratify And Implement The Bbnj Agreement, Andrew Lumbasi Barasa

World Maritime University Dissertations

No abstract provided.

Evaluation Of Port Reception Facilities And Ship-Generated Solid Waste Management : A Case Study Of Apapa Port, Nigeria., Abdullahi Gambasha Barau

World Maritime University Dissertations

No abstract provided.

The Impact Of Marine Protected Areas In Coastal Communities In Liberia : A Case Study On The Lake Piso Multiple Sustainable Use Reserve, Doris Wrehyonoh Yahn

World Maritime University Dissertations

No abstract provided.

Agricultural Technology, Mike Buschermohle, John Dillard

Tennessee Journal of Law and Policy

No abstract provided.

Issues In Tennessee Agricultural Law & Policy, Julie Bowling, Theresa Denton, Rhedona Rose

Tennessee Journal of Law and Policy

No abstract provided.