Digital Commons Network^™

Persons With Disabilities In The Life Of A Society: A Historical-Political Analysis, Farida Begbutayeva

Scientific reports of Bukhara State University

Abstract. The issues of participation of persons with disabilities in socio-political development of society are analyzed in the scientific article. Attitude to persons with disabilities is usually formed due to the process of historical development of each country, the specific mentality of the people living in it. As a measure of the level of justice in any society, attention is paid to persons with disabilities living in that state, also measured by the level of living conditions created for them. Introduction. When we analyze the relationship towards to persons with disabilities, we can see that its history dates back to …

Introduction: Assuming A Critical Lens In Legal Studies: Reconciling Laws And Reality, Tanya Monique Washington Hicks, Courtney Anderson

Georgia State University Law Review

No abstract provided.

(Anti)-Slapp Happy In Federal Court?: The Applicability Of State Anti-Slapp Statutes In Federal Court And The Need For Federal Protection Against Slapps, Caitlin Daday

Catholic University Law Review

In recent years, lawsuits known as Strategic Lawsuits Against Public Participation, or SLAPPs, have become increasingly common. These suits seek to intimidate and punish people for exercising their First Amendment rights. In response to SLAPPs, over half of the states have enacted anti-SLAPP statutes to protect the targets of SLAPPs. They do so by providing a mechanism for the target to dismiss the lawsuit more quickly than they would normally be able to. In federal courts, the question has arisen as to whether anti-SLAPP statutes should be applied in diversity suits given their close alignment to Federal Rules 8, 12, …

Deep Fakes: The Algorithms That Create And Detect Them And The National Security Risks They Pose, Nick Dunard

James Madison Undergraduate Research Journal (JMURJ)

The dissemination of deep fakes for nefarious purposes poses significant national security risks to the United States, requiring an urgent development of technologies to detect their use and strategies to mitigate their effects. Deep fakes are images and videos created by or with the assistance of AI algorithms in which a person’s likeness, actions, or words have been replaced by someone else’s to deceive an audience. Often created with the help of generative adversarial networks, deep fakes can be used to blackmail, harass, exploit, and intimidate individuals and businesses; in large-scale disinformation campaigns, they can incite political tensions around the …

Arguing About The Jus Ad Bellum, Monica Hakimi

Book Chapters

In January 2020, the United States conducted a targeted airstrike against Iranian General Qasem Soleimani, who at the time was on official business in Iraq. Soleimani had commanded an Iranian military unit that supported armed groups throughout the region, including in Iraq. He likely was involved, directly or indirectly, in countless incidents of low-level violence against the United States and its allies. Nevertheless, the US attack on him was especially brazen and seemed to up the ante. It raised the possibility, or at least created some chatter, that the two countries were heading toward all-out war.

Most analysts who assessed …

The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein

Brooklyn Law Review

In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …

Antibiotic Resistance In The Patient With Cancer: Escalating Challenges And Paths Forward, Amila K. Nanayakkara, Helen W. Boucher, Vance G. Fowler Jr., Amanda Jezek, Kevin Outterson, David E. Greenberg

Faculty Scholarship

Infection is the second leading cause of death in patients with cancer. Loss of efficacy in antibiotics due to antibiotic resistance in bacteria is an urgent threat against the continuing success of cancer therapy. In this review, the authors focus on recent updates on the impact of antibiotic resistance in the cancer setting, particularly on the ESKAPE pathogens (Enterococcus faecium, Staphylococcus aureus, Klebsiella pneumoniae, Acinetobacter baumannii, Pseudomonas aeruginosa, and Enterobacter spp.). This review highlights the health and financial impact of antibiotic resistance in patients with cancer. Furthermore, the authors recommend measures to control …

Normative Dimensions Of Consenual Application Of Black Box Artificial Intelligence In Administrative Adjudication Of Benefits Claims, Frank Pasquale

Law and Contemporary Problems

No abstract provided.

Workplace Transformation And Its Tax Compliance Implications, Jay A. Soled

Villanova Law Review (1956 - )

No abstract provided.

An International Agreement On Pandemic Prevention And Preparedness, Lawrence O. Gostin, Sam F. Halabi, Kevin A. Klock

Georgetown Law Faculty Publications and Other Works

During late 2021, national delegations are, or have, met at the United Nations General Assembly, the G20, and, most importantly, the Special Session of the World Health Assembly in November to determine whether the world needs a new international agreement to address pandemic prevention, preparedness, and response. The current international agreement, the International Health Regulations (2005), failed to work effectively – SARS-CoV-2 was not detected sufficiently early, relevant information was not shared efficiently, and the global response has not been coordinated. Even the most basic investigations were inadequate such as to discover the origins of SARS-CoV-2. Current proposals focus on …

The Nuances Of “Tag-Gag” Laws, Jareb Gleckel

Nebraska Law Bulletin (Selected Issues)

This Essay addresses what I have elsewhere called “Tag-Gag” Laws—laws that regulate and restrict how companies can label and advertise plant-based meat products. Plant-based meat is food made entirely from plants that replicates the taste and texture of animal meat. As plant-based meat sales have grown exponentially in recent years, increasing numbers of states have passed Tag-Gag laws; companies selling plant-based meat, in turn, have challenged these laws in court. When covering these lawsuits, the media often (and understandably) lumps them altogether. If a plant-based company wins a preliminary injunction against a state law, it is viewed as a victory …

Emergency Medicine Shift Factors Causing The Most Stress Among Emergency Medicine Residents, Mohamad Moussa, Kristen Hayden, Chia-Hao Shih, Sadik Khuder, Zayd Safadi, Connor Parsell

Journal of Wellness

Introduction: Past studies demonstrate that stress and anxiety affect emergency medicine physicians, but the causal factors identified are usually from sources outside the work shift. We attempt to show the relationship between intrinsic factors of a work shift and anxiety perceived by residents, while also examining differing gender responses.

Methods: In 2018, a cross-sectional survey of emergency medicine residents in the United States was distributed anonymously through the Emergency Medicine Residents Association. The survey consisted of demographic questions, novel questions identifying intrinsic factors, and the Generalized Anxiety Disorder 7-item (GAD-7) scale. Spearman correlation, independent t-test, and multivariate analysis of variance …

Brief For The Partnership For Inner-City Education, Council Of Islamic Schools In North America, And National Council Of Young Israel As Amici Curiae In Support Of Petitioners, Nicole Stelle Garnett, Richard W. Garnett Iv, John A. Meiser, Michael H. Mcginley

Court Briefs

No. 20-1088
David and Amy Carson v. A. Pender Makin

On Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court should reverse the decision below and hold that the First Amendment permits no distinction between discrimination against religious groups based on their religious status and discrimination based on their religious use of generally available state benefits.

Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones

Journal of the National Association of Administrative Law Judiciary

In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …

Dreams Interrupted: A Mixed-Methods Research Project Exploring Latino College Completion, Kate Sablosky Elengold, Jess Dorrance, Amanda Martinez, Patricia Foxen, Paul Mihas

Faculty Publications

Latino students are entering college at record numbers; Today, almost 3.8 million Latinos are enrolled in colleges and universities across the United States. Yet Latino students trail their White and Asian peers in attaining college degrees. The overall completion gap exceeds ten percentage points.

Although scholars and advocates have pointed to several different barriers facing Latino college students, a persistent narrative focuses on Latino students’ aversion to taking on student debt. In response, researchers at the University of North Carolina-Chapel Hill and UnidosUS undertook a multi-year mixed-method study to test and interrogate whether and how debt aversion affects Latino college …

Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham

International Law Studies

This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.

Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …

Freedom From Things: A Defense Of The Disjunctive Obligation In Contract Law, Jennifer Nadler

Articles & Book Chapters

This article argues that the disjunctive obligation in contract law can be justified on moral grounds. It argues that from a perspective that regards human beings as free agents capable of choice and therefore independent of material objects, the contracting parties must be understood as agreeing to mutually guarantee one another's ownership of a certain value. This guarantee can be fulfilled either by handing over what was promised or by making up the difference between the market value and the contract value of what was promised. The plaintiff's contractual right is therefore a right that the defendant perform or pay. …

Vol. 61, No. 03 (September 6, 2021)

Indiana Law Annotated

No abstract provided.

Passages Of Arms: The English Bill Of Rights And The American Second Amendment, Christopher D. Carrier

Nebraska Law Bulletin (Selected Issues)

Discusses interpretations of the influence of the English Bill of Rights on the American Second Amendment.

Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour

Georgia Journal of International & Comparative Law

No abstract provided.

Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig

University of Arkansas at Little Rock Law Review

No abstract provided.

Brief Of Amici Curiae Benedictine College And Franciscan University Of Steubenville In Support Of Petitioners, Richard W. Garnett Iv, Nicole Stelle Garnett, John A. Meiser

Court Briefs

No. 21-145
Gordon College v. Margaret DeWeese-Boyd

On Petition for Writ of Certiorari to the Supreme Judicial Court of Massachusetts

From the Summary of Argument

This Court should grant certiorari to make clear that the First Amendment guarantees religious colleges and universities the same vital protections that safeguard a religious grade school’s freedom to select the teachers who personify and teach its faith. Despite this Court’s recent admonition that such protections apply to a religious school’s selection of “any ‘employee’ . . . who serves as a messenger or teacher of its faith,” Our Lady of Guadalupe Sch. v. …

Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle

West Virginia Law Review

The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …

An Extended Essay On Church Autonomy, Carl H. Esbeck

Faculty Publications

The doctrine of church autonomy has its own exclusive line of precedent running from Watson v. Jones (1872) through Kedroff v. St. Nicholas Cathedral (1952) - where the doctrine was first recognized as having First Amendment stature - and culminating with renewed vigor for religious institutional autonomy in the unanimous decision of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012). Attention to church autonomy has expanded rapidly since the Supreme Court’s decision in Hosanna-Tabor, and its scope is much disputed as it pushes aside other claims and interests. In its most familiar form—the “ministerial exception” - it is …

The Enemy Is The Knife: Native Americans, Medical Genocide, And The Prohibition Of Nonconsensual Sterilizations, Sophia Shepherd

Michigan Journal of Race and Law

This Article describes the legal history of how, twenty years after the sterilizations began, the U.S. Department of Health, Education, and Welfare, in 1978, finally created regulations that prohibited the sterilizations. It tells the heroic story of Connie Redbird Uri, a Native American physician and lawyer, who discovered the secret program of government sterilizations, and created a movement that pressured the government to codify provisions that ended the program. It discusses the shocking revelation by several Tribal Nations that doctors at the IHS hospitals had sterilized at least 25 percent of Native American women of childbearing age around the country. …

Re-Imagining Risk: The Role Of Resilience And Prevention, Timothy Malloy

Nevada Law Journal

No abstract provided.

Ruth Bader Ginsburg's Intellectual Property Jurisprudence, Ryan Vacca, Ann Bartow

Faculty Publications

On September 18, 2020, the world lost an irreplaceable leader. Justice Ruth Bader Ginsburg, after many years of battling cancer, had passed away. Although she will primarily be remembered for her work on gender equality—as both advocate and jurist—Justice Ginsburg signiicantly impacted other areas of the law. One such area is intellectual property. During her time on the U.S. Supreme Court, she authored 20 opinions in these areas—11 copyright, seven patent, and two trademark—and joined the opinions of her colleagues in many others.

Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth

Faculty Publications

Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of “navigable waters” over time. The Article then discusses recent rulemaking and litigation developments, including the Clean Water Rule, the Navigable Waters Protection Rule, and the County of Maui, Hawaii v. Hawaii Wildlife Fund case. It offers three recommendations. First, the Article calls for a congressional …

Nature’S Rights, Christiana Ochoa

Michigan Journal of Environmental & Administrative Law

Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …

Liberty And Health, Frank Griffin

University of Arkansas at Little Rock Law Review

Liberty is the essence of human nature and is necessary for optimal health. During the COVID-19 pandemic, the government placed unprecedented restrictions on personal liberty in the name of public health, confining millions of Americans to their homes, forcing hundreds of thousands of businesses and parks to close, shuttering abortion clinics, heavily regulating churches, monitoring gatherings in private homes, restricting interstate travel, and shifting disease burdens onto protected populations. Personal liberty is sustenance for individual health. Medical principles of patient autonomy, patient privacy, and social justice are closely related to legal concepts of personal liberty, the liberty of constitutional privacy, …