Digital Commons Network^™

Digital Inclusion For People With Autism Spectrum Disorders: Review Of The Current Legal Models And Doctrinal Concepts, James Hutson, Piper Hutson

Faculty Scholarship

Objective: Today, a significant part of professional tasks are performed in the digital environment, on digital platforms, in virtual and other meetings. This necessitates a critical reflection of traditional views on the problem of accessible environment and digital accessibility, taking into account the basic universal needs of persons with disabilities.

Methods: A gap between the traditional legal perspective on special working conditions for persons with disabilities and the urgent need of a digital workplace (digital environment) clearly shows lacunas in the understanding of accessibility, which are identified and explored with formal-legal and doctrinal methods. The multifaceted aspects of …

Preventing Undeserved Punishment, Marah Stith Mcleod

Notre Dame Law Review

Defendants should not be punished more than they deserve. Sentencing scholars describe this precept against undeserved punishment as a consensus norm in American law and culture. Yet America faces a plague of mass incarceration, and many sanctions seem clearly undeserved, often far exceeding an offender’s culpability or the seriousness of an offense. How can a society committed to desert as a limitation on legitimate sanctions allow such undeserved punishments?

Critics argue increasingly that our focus on what offenders deserve is itself part of the problem. They claim that the notion of desert is too amorphous, malleable, and arbitrary to limit …

Did The Court In Sffa Overrule Grutter?, Bill Watson

Notre Dame Law Review Reflection

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), the Supreme Court held that affirmative action programs designed to comply with the precedent set in Grutter v. Bollinger were unlawful. Yet the Court nowhere said that it was overruling Grutter and, in fact, relied on Grutter as authority. Neither the Justices themselves nor subsequent commentators have been able to agree on what, if anything, remains of Grutter today. Did SFFA overrule Grutter or not? This Essay analyzes that question and its normative fallout. The Essay concludes that SFFA at least partially overruled Grutter and that …

The Contradictory Nature Of U.S. Laws And Nutrition Programs And Their Effects On Infant Feeding, Lily Patel

Journal of Food Law & Policy

The contradictory nature of U.S. laws, including the laws concerning infant feeding, though supposedly aligned with policies to promote wellness in Americans, can exacerbate gender and race inequality and work against the National Strategy. The overarching goal of U.S. laws concerning infant feeding is to ensure that infants are fed, nourished, and receive proper nutrition. However, the laws often appear to be directly contradictory to one another in the priorities they are promoting.

Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb

Journal of Food Law & Policy

Since the eighteenth century, animal well-being remains a concern for American citizens. Yet, underlying this concern is the thought that while humans should not be cruel to animals, animals are still private property subject to human ownership. Therefore, multi-faceted questions of what constitutes “animal welfare” find a place in modern American debate. One such question becomes: should the producer or the consumer define welfare practice standards of animals raised for human consumption?7 This note provides an answer to this question by first analyzing the robust history of animal welfare in the United States, along with the domestic and international impact …

Aclp - Comments Re Nys Bead Initial Proposal Volume 2 - December 2023, New York Law School

Reports and Resources

No abstract provided.

Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School

Reports and Resources

No abstract provided.

The Jurisprudence Of Justice Gorsuch And Future Efforts To Address Climate Change, Rachel Rothschild

Michigan Law Review Online

Following the Trump administration’s significant reshaping of the federal judiciary and a number of blockbuster Supreme Court cases during the October 2021 and October 2022 Terms, environmental law is shifting rapidly toward a more restrictive vision of federal regulation. Justice Gorsuch has been clamoring for such a revolution throughout his time on the bench. Since joining the Supreme Court, he has not only provided a crucial vote for limiting the Environmental Protection Agency (EPA)’s regulatory authority, but also advanced a radical vision of the separation of powers that would drastically alter our modern system of administrative governance. In several of …

Gene-Edited Crops And Food And The Bold Path Forward In U.S. Trade Agreements, Matthew Schaefer

North Carolina Journal of International Law

No abstract provided.

No Need To Reinvent The Wheel: Why The U.S. Should Implement Co-Regulatory Mechanisms To Regulate Deepfake Content On Internet Platforms, Abe Loven

North Carolina Journal of Law & Technology

No abstract provided.

The Digitization Of Money: Stablecoins And Cbdc, Benjamin Geva, Mohammed Muraj

Articles & Book Chapters

Whether tokens are transferable peer to peer or via third party intermediation, through automation, tokenization could deliver gains by greatly speeding up settlement and increase efficiency by ensuring all parts of a transaction occur simultaneously, in what is called atomic settlement. This article addresses only the first model, that of the digital bearer instrument transmitted from a payer to a payee typically in a discharge of a debt. [...]a digital currency transferable under a decentralized protocol - such as (but not only) over a distributed ledger and yet issued centrally - is considered to operate in a "hybrid" scheme. The …

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Five Ways Law School Contributes to Life’s True Purpose
• Faith in Law: A Q&A with President Dallin H. Oaks
• Personal Religious Conviction and the Practice of Law

State Constitutional Law:Standing To Litigate Public Rights In Georgia Courts, Randy Beck

Mercer Law Review

State courts interpreting state constitutions face the recurring issue of how much weight to afford Supreme Court of the United States precedent addressing comparable questions under the United States Constitution. At one end of the spectrum, many state courts routinely engage in what federal Judge Jeffrey Sutton calls “lockstepping,” importing federal doctrine wholesale into state decisional law. For a court engaged in lockstepping, concepts like freedom of speech or equal protection of the laws under a state constitution mean whatever the U.S. Supreme Court interprets them to mean under the federal Constitution, even if the state provision differs in potentially …

Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May

Washington Law Review

Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …

Journal Of Food Law & Policy - Fall 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Criminal Law And Procedure, Lauren E. Brice, Michelle C. F. Derrico

University of Richmond Law Review

It has been another busy year in the General Assembly and in the appellate courts of Virginia, especially with the recently expanded Court of Appeals. Areas in which the General Assembly made significant changes are now filtering to the appellate courts for interpretation. There have been a number of significant opinions in retroactivity of statutes, probation violations, and mental health.

Taxation, Craig D. Bell

University of Richmond Law Review

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions from the past year. Part I of this Article addresses taxes administered by the Virginia Department of Taxation (the “Tax Department” or “Department”). Part II covers local taxes, including real and tangible personal property machinery and tools, license taxes, and other discrete local taxes.

The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that are most likely to impact …

The New Comity Abstention, John Harland Giammatteo

Journal Articles

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy.

This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from …

Open Finance: Regulatory Challenges Of The Evolution Of Data Sharing Arrangements In The Financial Sector, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

In recent years, open banking has emerged as a new form of financial intermediation, allowing third party developers to build applications and services around financial institutions. By using the financial institution's data and infrastructure through open Application Programming Interfaces (APIs), a variety of actors-including fintech companies, Bigtechs, and the traditional players in the financial system-can develop new products and services that ultimately promote innovation, competition and financial inclusion while improving consumers' experiences. The concept of open banking evolved to open finance to illustrate the possibilities of adding to the picture all types of data-driven financial products. Focusing on the opportunities …

The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu

Duke Law & Technology Review

Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to …

Who Owns Children’S Dna?, Nila Bala

Michigan Law Review

In recent years, DNA has become increasingly easy to collect, test, and sequence, making it far more accessible to law enforcement. While legal scholars have examined this phenomenon generally, this Article examines the control and use of children’s DNA, asking who ultimately owns children’s DNA. I explore two common ways parents—currently considered “owners” of children’s DNA— might turn over children’s DNA to law enforcement: (1) “consensual” searches and (2) direct-to-consumer testing. My fundamental thesis is that parental consent is an insufficient safeguard to protect a child’s DNA from law enforcement. At present, the law leaves parents in complete control of …

Law Library Blog (December 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Sackett V. Epa And The Regulatory, Property, And Human Rights-Based Strategies For Protecting American Waterways, Erin Ryan

Case Western Reserve Law Review

No abstract provided.

In Satan We Trust: The Satanic Temple’S Ongoing Crusade To Protect Abortion Rights, Bradley Koberg

Cardozo Law Review

In the summer of 2022, the Supreme Court overruled the nearly fifty-year-old precedent of Roe v. Wade, eliminating the constitutional right to an abortion. This was one of several decisions in which the newly minted conservative supermajority undermined what could be seen as progressive precedents. At the same time, the Court has been elevating religious liberty claims and strengthening legal protections for religious individuals and organizations (predominantly Christian). For anybody who cares about the “so-called separation of . . . church and state,” this conservative Christian reformation taking place in the nation’s highest court is a cause for concern.

However, …

When Is It Fair To Break Promises? Illuminating Promissory Estoppel's Inequity Requirement, Marcus Moore

All Faculty Publications

Promissory estoppel is an important adjunct to contract law, allowing non-contractual promises to be legally binding under prescribed conditions. These conditions include reliance by the promisee, as the doctrine serves to protect reasonable reliance induced by certain types of promises. Typically, the conditions also include a requirement that it would be inequitable for the promisor to go back on the promise. This inequity requirement reflects the nature of promissory estoppel as a creature of the law of equity. Beyond this, however, considerable uncertainty surrounds the inequity element. For example, there are diverging views as to whether it embodies a distinct …

“It’S Like I’Ve Got This Music In My Mind”: Protecting Human Authorship In The Age Of Generative Artificial Intelligence, Justine Magowan

UC Law Journal

The music industry stands on the brink of a crisis. With unpredictable judicial standards that are inconsistent across the country, plaintiffs seeking to protect their musical works against copyright infringement face a heavy burden of proof, especially when facing defendants who are more wellknown and more well-funded. Not only that, but plaintiffs may not receive their day in court given that powerhouse artists like Taylor Swift, Sam Smith, and Bruno Mars have chosen to settle rather than defend their musical works in court. Now, Generative Artificial Intelligence (“Generative A.I.”) and A.I.-generated music will inevitably send the music industry into a …

Defragging Feminist Cyberlaw, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

In 1996, Judge Frank Easterbrook famously observed that any effort to create a field called cyberlaw would be “doomed to be shallow and miss unifying principles.” He was wrong, but not for the reason other scholars have stated. Feminism is a unifying principle of cyberlaw, which alternately amplifies and abridges the feminist values of consent, safety, and accessibility. Cyberlaw simply hasn’t been understood that way—until now.

In computer science, “defragging” means bringing together disparate pieces of data so they are easier to access. Inspired by that process, this Article offers a new approach to cyberlaw that illustrates how feminist values …

The Chilling Of Religious Liberty In The Age Of Digital Surveillance, Gineen K. Abuali

Seton Hall Law Review

No abstract provided.

Three Tests For Bias Arising From The Design Of Primary Election Ballots In New Jersey, Samuel S.-H. Wang, Hayden Goldberg, Julia Sass Rubin

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The End Of The Line: Abolishing New Jersey’S Antidemocratic Primary Ballot Design, Ryan P. Haygood, Henal Patel, Nuzhat Chowdhury

Seton Hall Journal of Legislation and Public Policy

No abstract provided.