Digital Commons Network^™

Rebalancing The Milk Market: A Shared-Burden Framework For Dairy And Plant-Based Producers, Isabelle Ulrich

Mitchell Hamline Law Review

This Note examines the structural and regulatory differences between traditional dairy products and the rapidly expanding plant-based milk products in the United States. Through analysis of historical Federal Milk Marketing Order policies, mandatory checkoff programs, and contrasting labeling standards in the United States and European Union, this Note reveals how plant-based milk producers enjoy competitive advantages without sharing the financial or regulatory burden that traditional dairy producers face. This Note argues for a shared-burden policy requiring all entities marketing “milk,” whether dairy or plant-based, to contribute to promotional and regulatory funds. This framework will restore market fairness, preserve consumer choice, …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

From Advocacy To Inaction: Paradoxes Of The United States And The Convention On The Rights Of Persons With Disabilities, Elizabeth W. Raymakers

William & Mary Journal of Race, Gender, and Social Justice

This Note utilizes an analytical lens to consider why the United States never ratified the Convention on the Rights of Persons with Disabilities (CRPD). The Note first establishes the history of the CRPD and turns to the history of attempted ratification by the United States. By examining the legislative history of the Convention, as well as the U.S. engagement internationally leading up to and subsequent to the ratification attempts, this Note establishes a more nuanced understanding of the United States’ stance on the CRPD. Subsequently, by applying an analytical framework intended to identify manifestations of support for aspects of international …

The New Transgender Tipping Point: Trumpism, Medical Necessity & Gender-Affirming Care, Molly J. Nunn

William & Mary Journal of Race, Gender, and Social Justice

Following the rise and eventual triumph of Trumpism 2024, President Donald J. Trump and his administration have sought to discredit the internationally recognized standards of effective health care practice for gender-affirming care. Now, ten years after Time Magazine published “The Transgender Tipping Point,” the political discourse of transgender identity is tipping again. Under the second Trump Administration, transgender identity sits at the edge of an abyss. Trumpism seeks to eradicate or significantly limit access to gender-affirming care through executive actions and the judiciary, despite the plethora of medical associations stating that that care is medically necessary. Public policies that widely …

Dad On Duty: The Potential Of Paid Parental Leave Laws, Laura E. Bates

William & Mary Journal of Race, Gender, and Social Justice

The United States is the only industrialized country in the world that does not guarantee its citizens paid parental leave. While the Family and Medical Leave Act provides some employees up to twelve weeks of unpaid leave, its limitations leave most American parents without adequate support. In the absence of a national paid parental leave system, states are stepping in, enacting laws that provide fully or partially paid parental leave. Private employers are also offering paid parental leave in increasing numbers. Despite these efforts, only 27 percent of private-sector American employees have access to paid parental leave.

Men taking paternity …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

Dalhousie Law Journal

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth

Dalhousie Law Journal

Supervision has been described as the “beating heart” and the “core” of clinical legal education. Yet lawyers who supervise law students in clinical programs have challenging and poorly understood roles within Canadian legal education. This article analyzes interviews with lawyers who supervise students in Canadian law-school affiliated legal clinics. Supervising lawyers describe the tensions between their roles as lawyers, supervisors and mentors, university or non-profit employees, social justice advocates, members of law societies, and clinic team members. These tensions often exist within an environment of lower pay, poor job security, substandard treatment by colleagues, and inadequate training. Despite these challenges, …

Lost At Sea: The Managerial Exclusion After Casinos Du Québec, Brian Langille

Dalhousie Law Journal

Is the managerial exclusion constitutionally dead or alive? In Casinos du Québec the Supreme Court of Canada somehow managed to make this a mind-boggling question. The Court also managed to bizarrely but blithely establish a higher threshold test for freedom of association violations than for unconstitutional intrusions upon other Charter freedoms. This comment addresses both of these shocking results but also seeks to go further and show how the Court’s entire freedom of association adventure is not only scary, but also unnecessary.

L’exclusion des postes de direction est-elle constitutionnellement morte ou vivante? Dans l’affaire Casinos du Québec, la Cour suprême …

Healthcare Discrimination Under The Canadian Charter Of Rights And Freedoms, Mélisande Charbonneau-Gravel, Sébastien Jodoin, Siobhan O’Connell

Dalhousie Law Journal

This paper explores the role that the Canadian Charter of Rights & Freedoms could and should play in addressing and redressing discrimination in the context of healthcare in Canada. Drawing on landmark as well as recent jurisprudence, we analyze how sections 7 and 15 of the Charter apply to three types of healthcare discrimination: (1) lack of access to healthcare and health services; (2) lower quality of services, and attitudes and biases faced in diagnosis and treatment; and (3) physical, verbal, psychological, and sexual abuse experienced by patients. Our analysis highlights the ongoing, problematic nature of the prevailing interpretations of …

Key

California Regulatory Law Reporter

No abstract provided.

Transnational Corporate Liability Through The Lens Of Interlegality, Jaye Ellis

Dalhousie Law Journal

Pressure is mounting on courts in Canada, as in other jurisdictions, to address harms generated within global supply chains. These entities have no formal legal personality, so attempts to trace lines of responsibility and liability within them require the development of innovative argumentative strategies. Among the challenges is the integration of a range of sources, including international law, international policy initiatives, and privately constituted standards to promote human and labour rights and environmental protection. Working with the concept of interlegality, I seek to develop approaches for navigating overlapping and intersecting legal orders, and for facilitating interactions among them. Of particular …

Telemedicine Fraud: Exposing Vulnerabilities And Recommended Solutions, Evander Tang

Student Works

No abstract provided.

Reforming The No Surprises Act: Addressing Structural Deficiencies To Protect Patients From Unexpected Medical Bills, Elvin Migirov

Student Works

No abstract provided.

Penalties For Prevention? The Case For Enacting A Safe Harbor Provision For Apoe Screening, G. Davis Rieser

Student Works

No abstract provided.

The First Amendment: Sacrificing The Well-Being Of Minors For The Absolutism Of Freedom Of Speech, Nikki Carr

Student Works

No abstract provided.

Normative Jurisprudence & Good Government, Zachary A. Chin

Student Works

No abstract provided.

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Liability Of Employer Organizations In Relation To Abuse Committed By Employees: The Nassar Usa Gymnastics And Michigan State University Abuse Scandal, Julia Rossinow

Student Works

No abstract provided.

Leveling The Playing Field: Navigating The Give And Take Of College Athlete Employment Status, Sophia Nisivoccia

Student Works

No abstract provided.

Improving The Game: How Removing Health And Safety Protocol From Nfl Collective Bargaining Agreements Can Serve To Benefit Players And The League Altogether, Randall Lazzaro

Student Works

No abstract provided.

Paw-Blic Accommodations: Statutory Ambiguity And Inconsistency In Service Animal Protections, Mia Park

Student Works

No abstract provided.

Do Data Protection Impact Assessments Violate Free Speech? A Critical Analysis Of The Ninth Circuit’S Ruling On Caadca’S Dpia Requirements, Shannon Dove

Student Works

No abstract provided.

Cyber-Suicides: Who Is Liable?, Tanpreet Malhotra

Student Works

No abstract provided.

Beyond Hiring And Firing: The Ministerial Exception And Hostile Work Environment Claims, Emma M. Rittenhouse

Student Works

No abstract provided.

Are Some Equal Terms More Equal Than Others? Examining Recent New Jersey Rluipa Cases Through The Lens Of The Circuit Court Split, Aharon Twersky

Student Works

No abstract provided.

Why Washington’S Attempt To Force Priests To Violate Core Tenet Of Faith Was Doomed To Fail, Joseph Cammarota

Student Works

No abstract provided.

Immigration Detention, Punishment Without Conviction: Civil In Name Only, Christopher Mongelli

Student Works

No abstract provided.

Are We In Oz? The Constitutionality Of Inhumane Treatment In Noncitizen Detainment Centers, Grace Callahan

Student Works

No abstract provided.

Recalibrating 47 U.S.C. Section 230 For Algorithmic Feeds: A Mens Rea-Bounded Carve-Out And Statutory Blueprint For Platform Push Recommendations To Minors, Evander Tang

Student Works

No abstract provided.

Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland

Student Works

No abstract provided.