Digital Commons Network^™

Melissa Benton, Et. Al, V. Lynn Linnane, Et. Al., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah

University of Miami Law Review

More than a dozen years have passed since the U.S. Supreme Court decided that federal preemption protects manufacturers of generic (but not brand-name) drugs from most types of products liability claims. This seemingly arbitrary distinction sprang from a peculiarity in the regulations of the U.S. Food and Drug Administration (FDA). That agency soon thereafter proposed to modify its rules in order to eliminate this asymmetry in how the implied preemption defense worked to bar inadequate warning claims, but its effort ultimately failed, while lower courts have confronted some creative efforts to circumvent the special protection enjoyed by generic drug manufacturers. …

The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll

Maine Law Review

The remedies fashioned to redress violations of the fourth amendment to the United States Constitution continue to be the subject of much judicial, legislative, and scholarly inquiry. In striking the balance between the need to protect individual freedom and the need to protect society from criminal activity, the Supreme Court and Congress have developed two principal remedies for fourth amendment violations: the exclusionary rule and civil actions under 42 U.S.C. § 1983 or under theories of constitutional tort. on the development of both of these remedies it is assumed that their effectiveness is the true measure of fourth amendment liberties. …

Abortion Rights, Fugitives From Slavery, And The Networks That Support Them, Rebecca E. Zeitlow

North Carolina Civil Rights Law Review

No abstract provided.

The Growth Of African American Nurses

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Analysis Of Students' Legal Awareness For Bullying Prevention In Surakarta Schools, Triana Rejekiningsih, Maram Taher

Jurnal Civics: Media Kajian Kewarganegaraan

This study investigates the legal awareness of students in Surakarta junior high schools concerning preventing bullying, intending to promote quality education in alignment with Sustainable Development Goals (SDGs). The research explores students' understanding, potential, and awareness of bullying prevention using qualitative and descriptive methods. Bullying encompasses various forms of violence, including physical, verbal, social, and cyber forms, often characterised by intimidation. The findings revealed that 90.99% of students reported experiencing bullying, predominantly verbal, with 53.25% subjected to discriminatory behaviour. Although 70% acknowledged the occurrence of physical and verbal violence, there was a noted deficiency in effective preventive measures, indicating a …

The Last Great American Dynasties: Lessons In Monopoly Prevention From Mergers In Entertainment And Aviation, Margaret Bibby

Journal of Legislation

On November 1, 2022, Taylor Swift first announced The Eras Tour. The pent-up demand for a Taylor Swift concert was massive: she had not toured since the Reputation Stadium Tour in 2018, the Lover Fest Tour set for 2020 was canceled due to the COVID-19 pandemic, and her streaming numbers and popularity were higher than ever. The Eras Tour announcement stated that Ticketmaster would be the sole ticketing platform, and 3.5 million fans, known as “Swifties,” registered for a chance to purchase tickets. When presale opened on November 15, 2022, disaster struck for millions of fans. Swifties were met with …

In Search Of The Best Policies For Translational Geroscience, Tom W. Bell, Kalon Boston

UC Law Science and Technology Journal

Though it once seemed like an inevitable fact of life, geroscience can now credibly promise to slow and even reverse aging. New geroscience treatments offer the prospect of large increases in human welfare and will attract huge demand. How can governments best support research, development, and commercialization of the field? The answer will depend on many factors, including public policies, supply-side resources, and market size. This paper focuses on the first factor, seeking the best public policies for translating geroscience from bench to bedside. It begins with a review of current geroscience policy, identifying the rules and institutions that help …

Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong

UC Law SF Communications and Entertainment Journal

Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …

Fordham Lawyer, No. 24 - Spring 2025, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Preserving First Amendment Values: Social Media And The Harmful Content Test, Liam Watts

Undergraduate Honors Theses

We live in a world in which the internet is unavoidable. It is used for our everyday tasks (such as sending business emails) and is even used to communicate with other individuals around the world (through messaging services, for example). Another unavoidable aspect of the internet is social media; it is used for communication, news gathering, and engaging in discussion, inter alia. Sometimes, the way individuals use social media is quite aversive. Thus, social media companies have rightfully tried to govern their platforms in a way that attempts to reduce the harm that comes from aversive content. However, social media …

Security Or Suppression? Rethinking U.S. Policies Regarding Foreign Tech Firms And National Security, Gordon Mccreadie, Cade Morris

Brigham Young University Prelaw Review

Increasingly adversarial relationships between the United States and countries such as China, Russia, and Iran have resulted in legislative efforts to ensure the National Security of the United States by banning foreign technology firms deemed to pose a threat. Certain high profile bans, such as the ban of Huawei and potential ban of Tik Tok, have raised concerns that these bans are motivated by factors other than a legitimate national security threat. Failure to protect the rights of affected foreign firms could result in an anticompetitive, isolated U.S. market. This paper will analyze the legality of different efforts to ban …

Gender-Responsive Treatment For Girls And Women Within The Criminal Justice System, Kylie R. Huelsmann

SACAD: Scholarly Activities

There is a need for improved gender-responsive approaches for women and girls in the criminal justice system, especially for women of color and transgender individuals. Traditional programs built around men often neglect the unique challenges faced by these populations, such as substance use disorders, mental health conditions, trauma histories, and acting as caregivers. Women, in particular, experience higher rates of recidivism and barriers to successful reintegration. Trauma-informed and evidence-based programs that address mental health, addiction, and family support, ultimately lead to more effective rehabilitation and reduce recidivism for women and girls after adjudication.

Science-Based Policy Recommendations For Managing Emerging Pollutants: Protecting Water Quality For The Health Of People And The Environment, Sarantuyaa Zandaryaa, Ali Fares, Gabriel Eckstein, Regina M. Buono, Mary Trudeau, James E. Nickum, Xingui Xia, Atikur Rahman, Marijn Korndewal, Cassiana C. Montagner, Piero R. Gardinali, Robert Michael Di Filippo, Anoop Veettil

Faculty Scholarship

Emerging water pollutants are a growing global concern due to their ubiquitous presence in water resources worldwide and their potential adverse effects on human health and ecosystems. Limited scientific understanding of sources of emerging pollutants’ emissions to water bodies and their pathways, behaviour, and fate in aquatic environments, as well as human health and ecological effects, is a significant hindrance in managing emerging water pollutants. With exceptions concerning PFAS/PFOS and microplastic beads, there are few regulations for emerging pollutants in national water and environmental policies, which results in a critical gap in safeguarding human health and aquatic ecosystems through effective …

Criminal Abortion And Citizen’S Arrest, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

In the aftermath of Dobbs v. Jackson Women’s Health Organization, many states rushed to classify abortion as homicide. In addition to criminalizing abortion, some states have shown a willingness to place enforcement of the new laws in the hands of ordinary citizens through a variety of private enforcement mechanisms. These new abortion statutes exist in tandem with existing citizen’s arrest laws to create the possibility for women, providers, and those who assist them to be subject to this problem-ridden doctrine. This Article analyzes potential scenarios in which these areas clash and pose new risks to exercising what was not long …

Derivative Data: Rethinking Market Definitions In The Age Of Generative Ai, Andrew Dang

UC Law Science and Technology Journal

Antitrust law fails to keep pace with the data-driven realities of the dig- ital economy, and foundation models further exacerbate the issue. Founda- tion models such as ChatGPT, Claude, and Gemini are trained on broad datasets across different domains. While traditional antitrust frameworks fo- cus on narrow market definitions and readily observable effects, these frameworks fail to capture the anti-competitive potential of derivative data— data that is derived by a business through its operations and exerts cross- market influence—thereby fueling new forms of dominance.

Moreover, the dynamics of foundation model training data create a “Tragedy of the Data Commons,” where …

Weaponizing Ai, Stephen T. Black

UC Law Science and Technology Journal

No abstract provided.

Starting The Conversation: The Need For A Pre-Launch “Skinny Labeling” Dispute Resolution System, Eric H. Siemens

Missouri Law Review

Since Congress adopted the Hatch-Waxman Act in 1984, generic drug manufacturers have been able to come to market while certain uses of brand-name drugs are still patented by “carving out” the patented uses from their labeling. For example, suppose a brand-name drug is used to treat both tonsillitis and strep throat, but the drug company has patented only the specific method of using its drug to treat only strep throat. In this scenario, a generic manufacturer can still sell a generic version of the drug, but only for the non-patented use of tonsillitis treatment. To do this, the generic manufacturer …

New York's Constitutional Guarantee Of Environmental Rights, Katrina Fischer Kuh, Nicholas A. Robinson, Scott Fein

Elisabeth Haub School of Law Faculty Publications

New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York’s Bill of Rights, which provides that “Each person shall have the right to clean air and water, and a healthful environment.” To ensure the fulsome and effective implementation of Article I, § 19, and give effect to the intent of the legislators and voters who adopted it, it will be important to provide substantive guidance to courts, government actors, and litigants in the interpretation and application of the new constitutional text. In Pennsylvania and other states, …

Alphafold 3, Ai, Antibody Patents, The Future Of Broad Pharmaceutical Patent Claims, And Drug Development, Brendan Bargmann, Robert A. Bohrer

Faculty Scholarship

Artificial intelligence (AI) will have an enormous impact both on pharmaceutical development and patent protection, particularly for antibody therapeutics. In Amgen Inc. v. Sanofi, the U.S. Supreme Court limited the scope of Amgen’s therapeutic antibody patent to only those antibodies that were specifically described in Amgen’s patent application and that had been shown to bind to a particular region of the target antigen, blocking the activity of the antigen that caused disease. The reason for this limitation was the patent requirement of enablement: that potentially millions of antibodies could be generated to the target antigen but that not all …

Table Of Contents

Missouri Law Review

No abstract provided.

The Clobes Conundrum: Why Muldrow Should Not Apply To Hostile Work Environment Claims And How The Eighth Circuit Got It Right, M. Thomas Yang

Missouri Law Review

In 2024, the Supreme Court held that an employee does not have to prove material harm to prevail on a discrimination claim under Title VII. Because hostile work environment claims also derive from Title VII, courts and litigants are currently grappling with whether this ruling upends the long-standing “severe or pervasive” doctrine. This Note argues that it does not. Passed in 1964, Title VII of the Civil Rights Act makes it illegal for “an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, …

The Buck Stops Here: Missouri Legislature’S Defunding Of Abortion Providers, Maizey Edgar

Missouri Law Review

On May 2, 2022, the Supreme Court’s draft opinion for Dobbs v. Jackson Women’s Health Organization leaked online. The era-defining opinion to overturn fifty years of Roe v. Wade and undo the constitutional right to abortion reinvigorated the discussion surrounding reproductive healthcare access among the American public, with the majority of Americans supporting legal access to abortion in all or most cases. Over the last decade, a movement to defund abortion providers has arisen, and the issue of defunding has become an even hotter point of debate after the Dobbs decision. In Missouri, elected representatives have fought to defund Planned …

Suicide’S Shadow: The Evolution Of A Ghost Crime, Scott W. Howe

Missouri Law Review

Law treats suicide as malfeasance—a display of mental illness and, worse, a ghost crime that has never left us. While states no longer criminally punish suicide, they detain and force mental-health treatment on many who attempt it, or indicate they might attempt it, and threaten criminal sanctions against those who aid or encourage it. For these and other reasons, the suicide label functions not merely as a description of an event but as a censure. A lengthy, legal history, fueled originally by religion but then tempered by pragmatism, led to these circumstances and can largely rationalize relevant legal doctrines and …

Intangible Harms, Tangible Consequences: Analyzing The Impact Of Transunion On Standing To Sue For Data Breach, Noelle Wilson, Amanda Reid

Missouri Law Review

Scholars and practitioners predicted that the 2021 Supreme Court case TransUnion v. Ramirez would essentially nullify the private right of action—a key enforcement mechanism for many consumer privacy laws. This Article analyzes federal courts (N=96) interpreting TransUnion in data breach contexts. Our contribution is twofold: (1) identifying tests courts employ to determine whether data breach plaintiffs have alleged sufficient “injury in fact” to establish Article III standing, and (2) highlighting the areas of inconsistency in how courts employ those tests. The analysis serves to ground the scholarly debate about the implications of TransUnion in holding breached entities accountable. Despite the …

Are The Kids Alright? An Analysis Of Sex Education, The Sexual Behaviors Of Minors And Age Of Consent Laws In The United States, Monica L. Johnston

Senior Theses

This paper explores the sexual development of children, the sexual education they receive, as well as the history of sex laws in the United States, to determine whether the laws regarding education and age of consent adequately protect children. A qualitative survey is also conducted with undergraduate students at the University of South Carolina to determine what topics were discussed in their sexual education curriculum, as well as their sexual behaviors as a minor. While the push for comprehensive sexual education models has been growing, millions of dollars are still being allocated to promote Abstinence Only Until Marriage programs, which …

Delta-8 Tetrahydrocannabinol Policy And Related Health Impact Among College-Aged Individuals In South Carolina: A Scoping Review, Emily K. Luoma

Senior Theses

After the 2018 Farm Bill passed, loopholes were quickly found that led to the popularization of delta-8 THC, a derivative of delta-9 THC, more commonly known as marijuana. Use of this substance became particularly high in states that criminalized marijuana, such as South Carolina. This scoping review aimed to assess South Carolina’s current delta-8 policies in the context of health-related impacts among college-aged students. Comprehensively analyzing the results of relevant studies, it was determined that there are three commonly observed threats to public health that are direct outcomes of existing policies: 1) a lack of quality control standards; 2) misleading …

Act 388: An Examination Of How An Obscure Property Tax Law Revolutionized Property Tax Funding In South Carolina, Katie Boyette

The Journal of Law and Education

No abstract provided.

No Child Left Behind Bars: The Educational Attainment Of Children With Incarcerated Parents, Nate Tackett

The Journal of Law and Education

No abstract provided.