Digital Commons Network^™

Public Protest And Civil Unrest, Timothy Zick

Faculty Publications

Governments and officials must respond to protest-related civil unrest. How they do so is both an index of official respect for dissent and a measure of how committed governments are to democratic accountability. This Article examines official responses to civil unrest in connection with several recent high-profile demonstrations. In general, it concludes that governments and officials have relied on aggressive and increasingly draconian measures to quell protest-related civil unrest. Among other things, they have invoked emergency powers and used aggressive protest policing methods; dispatched federal agency personnel and threatened to deploy military forces to police demonstrations; enacted successive waves of …

Best Kept Secret: The Hidden Health Costs Of Corporate Confidentiality, Cynthia M. Ho

American University Law Review

Although patents are well known to negatively impact health when drugs are unaffordable, trade secrets also harm health, and in more ways than patents. Patented drugs harm public health simply by temporarily increasing prices on treatments. Trade secrets, on the other hand, can not only increase treatment costs, but also hide knowledge needed for effective medical treatment. Also, because patents, but not trade secrets, have a limited term, patent health harms clearly terminate while trade secret harms do not. Moreover, the public may not even be fully aware of all trade secret health harms because trade secret information is, by …

Unvaccinated By Doubt: How Covid-19 Governance Sparked A Measles Revival, Ellen Black

FIU Law Review

A measles outbreak occurred in the United States this year, with measle cases reaching the highest levels in over two decades, even though the disease had been declared eliminated in 2000. In large part, this measles resurgence can be traced to unvaccinated individuals who have chosen to disregard public health officials' vaccination guidance. Clearly, the public has lost trust in their governmental public health officials. As the next disease outbreak looms, the need for restoration of trust becomes imperative.

This article demonstrates how the government's actions during COVID-19 further led to this lack of trust, by providing conflicting guidance as …

Human Rights At Sea: Analyzing States' Responses To Cruise Ships During The Covid-19 Pandemic, Lixin Chen

Research Collection Yong Pung How School Of Law

In the early stages of the COVID-19 pandemic, the treatment of cruise ships by coastal states was inconsistent, with some ships being allowed to dock while others were not. To that end, this Note focuses on the obligations that a coastal state owes to the individuals onboard the cruise ships in the context of the COVID-19 pandemic, including the rights to life and health. It further considers whether and how such rights are to be balanced with other countervailing considerations of such states, such as the risk of transmission to the local communities. This author concludes with the view that …

From Myriad To Moderna: The Modern (Bio)Pharmaceutical Company, Ana Santos Rutschman

Faculty Publications

This Article examines the emergence of two modern pharmaceutical companies: Myriad and Moderna. After providing a brief background on each company, this Article contrasts them across the following areas: the technologies they have brought to market; their location; their start-up stages and the role that venture capital played in catalyzing their evolution from start-ups to large corporate structures; their relationships with other entities in the private sector, in academia and in the public sector; and their intellectual property and licensing strategies.

Dirty Water, Breanna Booker, Michael S. Sinha

All Faculty Scholarship

Plastics are taking over. Every day, humans are exposed to plastic pollutants in a variety of ways. From the water we use to water crops in the field, to the water in our taps, to the liquids we drink from plastic containers, it can be found virtually anywhere you look. Not only is it everywhere in the environment, but it is also within us. It builds up in our bodies. Plastics have become a major public health concern; researchers estimate that the total healthcare cost related to plastic chemicals may be as much as $250 billion.[1]

Water has always …

Making Conflicts Of Interest Matter To Federally Funded Academic Research, Kimberly M. Papadantonakis

Journal of the National Association of Administrative Law Judiciary

This article first provides background on the academic science and technology enterprise and the concerns of counterintelligence agencies that prompted the White House, DOJ, and Congress to act. Section III discusses specific criminal and civil cases, focusing on where prosecutions succeeded or faltered. Section IV covers the new rules and how the agencies are implementing them. Finally, Section V analyzes themes from the cases and examines how the new rules may impact future enforcement and compliance efforts.

Why Law "Beyond The State" Need Not Be A Threat To Democratic Values, Paul Schiff Berman

Buffalo Law Review

Discussions of “law beyond the state” almost inevitably run into objections from those who believe that sub- or supranational legal orders necessarily subvert local democratic governance. Self-proclaimed populists and others express concern that the “will of the people” will be unduly subjected to the dictates of “cosmopolitan elites”1 or local factions, or corporate capture. These objections range across the political spectrum. Those on the right tend to focus on concerns that transnational orders will impose human rights or immigration rules on a national polity, while those on the left worry about trade regimes that might impose local labor or environmental …

Metagenomic Sequencing For Early Detection Of Future Engineered Pandemics: Foreshadowing The Privacy Challenge, Nir Eyal, Bridget Williams, Kevin M. Esvelt, Jane R. Bambauer

UF Law Faculty Publications

In this commentary, we imagine how a global system of metagenomic sequencing could be governed in order to reap the benefits and manage the risks. Global institutional engineers and their academic partners would need to develop a new governance model to ensure that all partners involved in a global metagenomic surveillance system cooperate as needed.

Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu, Francis Gurry, Keun Lee

Faculty Scholarship

While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles …

Introduction To Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu

Faculty Scholarship

This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.

What You Must Know: Retention And Destruction Of Dental Records And Your Most-Asked Questions About Dental Records, Daniel Schulte Jd

The Journal of the Michigan Dental Association

An overview of the basic information about dental records, including retention and destruction, that you and your staff should be aware of, provided by MDA Legal Counsel Dan Schulte, J.D. Plus, for your reference, answers to the questions Michigan dental offices are asking about dental record retention, access, release, and destruction.

Dental records are vital for patient care, legal compliance, and professional practice management. Michigan law mandates retaining dental records for a minimum of 10 years, ensuring their confidentiality, accessibility, and integrity. Destruction of records less than 10 years old requires patient notification and authorization, while those over 10 years …

Ai Regulation Has Its Own Alignment Problem: The Technical And Institutional Feasibility Of Disclosure, Registration, Licensing, And Auditing, Neel Guha, Christie M. Lawrence, Lindsey A. Gailmard, Kit T. Rodolfa, Faiz Surani, Rishi Bommasani, Inioluwa Deborah Raji, Mariano-Florentino Cuéllar, Colleen Honigsberg, Percy Liang, Daniel E. Ho

Faculty Scholarship

Calls for regulating artificial intelligence (“AI”) are widespread, but there remains little consensus on both the specific harms that regulation can and should address and the appropriate regulatory actions to take. Computer scientists propose technical solutions that may be infeasible or illegal; lawyers propose regulation that may be technically impossible; and commentators propose policies that may backfire. AI regulation, in that sense, has its own alignment problem, in which proposed interventions are often misaligned with societal values.This Article assesses the alignment and technical and institutional feasibility of four dominant proposals for AI regulation in the United States: disclosure, registration, licensing, …

Health Law And Democracy, Wendy K. Mariner

Faculty Scholarship

Current political divisions are destabilizing existing laws affecting the health field. Major changes in the field of health law have one thing in common: changes in who holds political power ‒ Congress and state legislatures, governors, presidents, judges, and agency officials. The laws that structure financial, economic, educational, and health care systems, environmental conditions, and civil society are primarily the product of elections that populate our political institutions. These structural determinants of health in turn create laws that influence how ‒ and how well ‒ we live and whether our society functions fairly under the rule of law. Thus, who …

Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar

Northwestern Journal of Human Rights

The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …

The Pressing Need For State Sovereignty Recognition For Post-Territorial States, Benjamin Price

Georgia Journal of International & Comparative Law

This note offers an analysis of the retention of national sovereignty by

states that have lost all of their territory, primarily by analyzing the

international recognition of the Sovereign Military Order of Malta as a post-

territorial state. This analysis will be of increasing pertinence as more nations

face territorial loss due to climate change. This paper traces the development

of the Order's role in world politics and its ongoing international recognition

by various nations.

Reimagining Judicial Review Of Student Requests For Remote Instruction As An Ada Accommodation In Higher Education, Hannah E. Auten

Chicago-Kent Law Review

No abstract provided.

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Rwu Law Alumni Newsletter November 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Equalizing Disproportionate Death And Punishment In Black And Brown Communities: An Emergency Shutdown On Death, Inequality, And Deliberate Indifference, Angela Dixon

Journal of Civil Rights and Economic Development

(Excerpt)

According to an old saying, “death is the great equalizer.” But is it? It may be in the sense that absent a contravening force, it is an appointment that all must keep. Yet data indicates that all do not die equally. Socioeconomic status (“SES”), which includes levels of occupation, education, income, and wealth, all delay or advance mortality. People of a higher SES outlive, generally, people of a lower SES; moreover, such disparities continue to widen as trends of income inequality intensify.

Perhaps predictably, race, just like class, exacerbates inequities. Black Americans in the United States remain the pivotal …

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Journal of Law and Health

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

Transcript: Rethinking Federalism In Health Care, Allison Whelan

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Unshackled: Why Eliminating Health Disparities Requires That Our Criminal Justice System Set Incarcerated Mothers And Their Developing Children Free, Angela Dixon

Journal of Law and Health

Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (“ACES”) or lifelong damage to their physical and mental health. The experiences may be the same for children born already to the mother, as they endure the suffering of parental separation during the mother’s absence. In terms of racial health disparities, such captivity presents at least a triple threat—harm to the health of the mother, harm to the health of the unborn fetus, and harm to the health of children born …

Japan's Response To The Trade Conflict Between The United States And China, Rikako Watai

Washington International Law Journal

Abstract: Decoupling refers to the strategy of separating and disconnecting economies and markets between different nations. However, in the contest of the ongoing trade conflict between the United States and China, decoupling primarily refers to determining economic dependence on a specific nation as a national security risk, thereby reinforcing vulnerabilities in one’s supply chain. Japan views the United States as its primary partner in national security policy and China as a significant market because of its geographic proximity. As a result, ensuring economic security became a pressing concern for Japan.

Japan refers to the United States’ idea of economic …

Climate Changes And Their Psychological And Social Repercussions Among A Sample Of Residents Of Akkar Governorate, Layal Al Rifai

BAU Journal - Society, Culture and Human Behavior

The study aimed to know the psychological and social repercussions of climate change among a sample of residents of Akkar Governorate in northern Lebanon in light of the variables of gender, economic status, and age group. The study adopted the descriptive analytical approach using the questionnaire as a tool for collecting data and information. The sample numbered 380 individuals, distributed according to the variables of gender, economic status, and age group, and they were chosen randomly. The sample members, residents of Akkar Governorate, feel a moderate degree of environmental anxiety and the psychological repercussions of environmental changes. The results showed …

The Origins Of The Major Questions Doctrine, Rachel Rothschild

Indiana Law Journal

In a series of recent cases, the Supreme Court has invoked the newly named “major questions doctrine” to strike down agency regulations that protect public health and the environment. Several Justices have argued that while the name “major questions” may be new, these decisions are simply the latest iteration in a longstanding effort of the courts to curtail the explosive growth of the administrative state since 1970. The first paradigmatic example of this line of cases is the 1980 “Benzene” case, in which the Supreme Court set aside the Occupational Safety and Health Administration (OSHA)’s new workplace standards for the …

The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt

William & Mary Environmental Law and Policy Review

The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …

Trade Secrets In The Artificial Intelligence Era, John G. Sprankling

South Carolina Law Review

No abstract provided.

Negara Hukum Kesejahteraan Di Batas Pantai: Paradoks Perlindungan Negara Terhadap Masyarakat Pesisir Di Tengah Perubahan Iklim, Aji Baskoro

Jurnal Ilmu Kesejahteraan Sosial

Climate change poses significant challenges to vulnerable coastal communities in Indonesia. As a welfare state, the Indonesian government is expected to safeguard these vulnerable groups through policies that promote their welfare and sustainable livelihoods. However, current policies create a paradox. This article explores this paradox: on the one hand, Indonesia adheres to the welfare state principle, which demands that all government actions be grounded in law, ensuring public safety and welfare. On the other hand, the policies focus on exploiting natural resources, exacerbating the vulnerabilities of coastal communities, particularly in the face of climate change. The article employs a normative …

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …