Digital Commons Network^™

The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo

UC Law SF Journal on Gender and Justice

This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model …

Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak

UC Law SF Journal on Gender and Justice

This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.

The Divide Press Release For Author Sylvia Ryerson, Sally Brown

Promotion

The Divide Exhibit with presentation by Author Sylvia Ryerson press release.

Ryerson’s presentation, “Restoring Families: Overcoming Stereotypes and the Failure of Mass Incarceration,” will complement the visual perspective of The Divide, WVU Multimedia Producer and photojournalist Raymond Thompson’s exhibit of photographs on display in the Downtown Campus Library Atrium.

Heuristic Interventions In The Study Of Intellectual Property, Jessica Silbey

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

The Abortion Closet (With A Note On Rules And Standards), David E. Pozen

Faculty Scholarship

An enormous amount of information and insight is packed into Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First Century America. The book is anchored in post-1973 American case law. Yet it repeatedly incorporates examples and ideas from popular culture, prior historical periods, moral philosophy, feminist theory, medicine, literature and the visual arts, and more.

Property And Sovereignty, Information And Audience, Thomas W. Merrill

Faculty Scholarship

Morris Cohen’s classic essay, Property and Sovereignty, correctly discerned that political sovereignty and private property are alternative forms of government. Where it failed was in suggesting that the choice between these modes of governance is a matter of dialing one up and the other down. The relationship between political sovereignty and property is complex, and varies depending on the audience of property we have in view. With respect to some audiences – strangers and transactors – those who favor a strong system of property will want to enlist a generous measure of assistance from the political sovereign. With respect to …

Regulating Death: Occupational Licensing And Efficiency In The Deathcare Industry, Gale B. Robinson Jr

Loyola Consumer Law Review

No abstract provided.

To The People: Enhancing Leahy Law Human Rights Enforcement Through A Private Cause Of Action, Jess Hunter-Bowman

Valparaiso University Law Review

No abstract provided.

Zika, Pregnancy, And The Law, Sam F. Halabi

Faculty Publications

This Essay situates a crucial component of the public health response to Zika - the effort to develop a safe and effective vaccine - within the broader literature. It does so in an effort to highlight the need to revisit the relationship between law and pregnancy - not only in the areas legal scholars have prioritized so far, but also in the context of routine and emergency maternal health, which has heretofore been largely assumed to be governed by straightforward norms and practices based on medical evidence and physician ethics. In fact, whereas the current literature tends to assume or …

Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn

Faculty Scholarship

In 2006, I published an article examining the rising use of racial categories in biomedical patents in the aftermath of the successful completion of the Human Genome Project and the production of the first draft of a complete human genome. Ten years on, it now seems time to revisit the issue and consider it in light of the current era of “Precision Medicine” so prominently promoted by President Obama in his 2015 State of the Union address where he announced a $215 million proposal for the Precision Medicine Initiative as “a bold new research effort to revolutionize how we improve …

The Rule Of Law, Legal Pluralism, And Challenges To A Western-Centric View: Some Very Preliminary Observations, Peer Zumbansen

Osgoode Legal Studies Research Paper Series

Despite hundreds of “Rule of Law” projects at the World Bank and a host of research into the foundations and content of the Rule of Law, we are still nowhere near an altogether satisfactory definition. While the Rule of Law is repeatedly being referred to in ‘legal assistance’ and ‘law reform’ projects and lives as a guiding principle in constitutions around the world, we don’t seem able to settle on a commonly agreed-upon approach to its nature and institutional form. In this context, the Rule of Law provides an opportunity to engage critically with the differences in perception and bias …

The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru

UIC Review of Intellectual Property Law

The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would …

Traditional Knowledge Digital Library: "A Silver Bullet" In The War Against Biopiracy?, 17 J. Marshall Rev. Intell. Prop. L. 214 (2017), Seemantani Sharma

UIC Review of Intellectual Property Law

India has long been a victim of the emotionally expulsive wrong of biopiracy at the behest of Western corporations. Traditional Knowledge Digital Library (TKDL), a digital repository of traditional medicinal knowledge was a reaction to this act of “unjust enrichment”. While there is ample scholarly discourse on the biopiracy of Indian traditional knowledge (TK), there is scant literature critically evaluating TKDL as a tool for the protection of TK. This paper attempts to highlight some of the defects and inadequacies pervading TKDL, which inhibits its characterisation as a “silver bullet” in the war against biopiracy. Though laudatory, TKDL with its …

Avoiding The Chaos Of Maryjane - A Conventional Approach To Intellectual Property Protection Of Marijuana, 17 J. Marshall Rev. Intell. Prop. L. 278 (2017), Kaylee Willis

UIC Review of Intellectual Property Law

Whether you are considering the ever-popular recreational use, or recent medicinal developments, marijuana is a highly discussed controversial substance. With revenue from marijuana into the billions of dollars, it is no wonder it has been trying to reach into the intellectual property arena. This comment specifically looks into the patent arena and the obstacles that come with an attempt to seek, and enforce protection of marijuana-based patent applications. With the USPTO’s plant and utility patent options, there is perhaps more than one way to pass marijuana-based substances as patent-eligible subject matter. The largest obstacle for this type of intellectual property …

Chapter 535: Women Veterans Continue To Fight Battles On The Home Front, Bonnie Sellers

University of the Pacific Law Review

No abstract provided.

Narrative Arcs And Simulations, Michael P. Malloy

University of the Pacific Law Review

No abstract provided.

Cutting Across The Bias: Teaching Implicit Bias In A Healthcare Law Course, Vernellia Randall, Tshaka Randall

Saint Louis University Law Journal

No abstract provided.

The Violence Against Women Act: A Double-Edged Sword For Native Americans, Their Rights, And Their Hopes Of Regaining Cultural Independence, Mary K. Mullen

Saint Louis University Law Journal

No abstract provided.

Trafficking Rescue Initiatives As State Violence, Sabrina Balgamwalla

Law Faculty Research Publications

No abstract provided.

Religion Is Special Enough, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Linguistic And Cultural Diversity In Interntational Criminal Justice: Toward Bridging The Divide, Leigh Swigart

University of the Pacific Law Review

No abstract provided.

Moving Negotiation Theory From The Tower Of Babel Toward A World Of Mutual Understanding, John Lande

Journal of Dispute Resolution

This Article synthesizes insights from the contributors to our symposium. Illustrating the Tower of Babel-like confusion, Part II highlights challenges in even defining the nature and scope of negotiation, as well as with the widely (mis)used concepts of integrative and distributive negotiation. Part III summarizes the nature of theories and potential sources of information that might contribute to negotiation theory. Part IV identifies some fundamental challenges in developing and improving negotiation theory, including systematically flawed thinking as well as the failure to incorporate insights about fundamental changes in people and our interactions. Part V describes some negotiation frameworks growing out …

The Smell Of Neglect : A Trans-Corporeal Feminism For Environmental Justice, Dayna Scott

Articles & Book Chapters

Environmental justice struggles are increasingly contests waged over data and knowledge, involving claims of expertise and counter-expertise (Corburn 2003). A common observation is that a reliance on formal science elevates the data generated by accredited knowledge professionals to a prime political position, ‘leaving little or no room for the layperson’ (Fischer 2000: 51; Yearley 2000). This results in a growing tension between those who have ‘knowledge’ and those who do not, as well as the active re-negotiation of those categories (Wiebe 2013). Residents of pollution hotspots and their allies in the environmental justice movement make a normative claim for valuing …

Heuristic Interventions In The Study Of Intellectual Property, Jessica Silbey

Faculty Scholarship

In this Essay, I review and elaborate on Dan's Burk's On the Sociology of Patenting with three "heuristic interventions" for the study of intellectual property law. These interventions derive from sociology and anthropology, and to some extent also from critical literary theory. Unoriginal in the social sciences, these heuristic interventions remain largely original to the study of law within law schools and traditional legal scholarship (as opposed to the study of law from within the social sciences and humanities). Burk joins a small but growing group of legal scholars, reaching beyond legal doctrinal analysis and the economic analysis of law …

Who Owns Our Ancestors' Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed

Kernochan Center for Law, Media, and the Arts

A familiar story is told in Indian Country: a researcher arrives on a Native American reservation and begins recording ceremonial songs and oral histories; years later tribal members find, often to their horror, that these sensitive materials are available for sale, download, or streaming to the public. This scenario aptly describes the life of numerous sound recordings made on federally recognized Indian reservations prior to 1972, whose ownership status remains uninterrogated due to the complex overlap and ambiguities of copyright and federal Indian law. Yet recently, owing to an increased sense of self-determination and autonomy, Native American tribes have begun …

Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property is well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the …

Human Rights Education In Patient Care, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article explores how human rights education in the health professions can build knowledge, change culture, and empower advocacy. Through a study of educational initiatives in the field, the article analyzes different methods by which health professionals come to see the relevance of human rights norms for their work, to habituate these norms in everyday practice, and to espouse these norms in advocacy for social justice. The article seeks to show the transformative potential of education for human rights in patient care.

Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and valuation of the different …

Constructing An International Community, Monica Hakimi

Faculty Scholarship

What unites states and other global actors around a shared governance project? How does the group — what I will call an “international community” — coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, …

Never Enough: Animal Hoarding Law, Courtney G. Lee

McGeorge School of Law Scholarly Articles

Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the …