Digital Commons Network^™

Abolition Of What?, Christopher Lewis, Adaner Usmani

Journal of Criminal Law and Criminology

This Article defends a structural theory of the brutality of the carceral state. We argue that American penal systems are destined to be inhumane, barring sweeping changes to the social and economic order of the United States; and that prison and police abolition are neither sufficient nor necessary to bring these kinds of changes about.

This theory stands on two premises. First, we defend The Principle of Less Eligibility, which holds that it is politically infeasible for capitalist democracies to permit the incentives to defy the law to exceed those to obey it. As we show, the Principle of Less …

‘News Reporting On Possible Origins Of The Covid-19 Pandemic: A Critical Review And Case Study’, Raya M. Fanuzzi

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This project is a critical analysis of news reports that discuss the potential origins of the 'COVID-19' pandemic for the purposes of identifying themes and trends in the actual reporting. Around 500 news reports published in the U.S. were analyzed and over 100 of them were selected for the critical review. Articles were found using 'Access News Archive' and Google search engine. Original methods for analyzing and reviewing articles were developed and used. A case study is included aside from the review which focuses specifically on trends in fact-check reporting during the pandemic.

Mema Matures: Minnesota Emergency Law Post-Covid, Liz Kramer

Mitchell Hamline Law Review

No abstract provided.

The New Eu-Us Data Protection Framework's Implications For Healthcare, Charlotte A. Tschider, Marcelo Corrales Compagnucci, Timo Minssen

Faculty Publications & Other Works

In July 2023, the United States and the European Union introduced the Data Privacy Framework (DPF), introducing the third generation of cross-border data transfer agreements constituting adequacy with respect to personal data transfers under the General Data Protection Regulation (GDPR) between the European Union (EU) and the US. This framework may be used in cross-border healthcare and research relationships, which are highly desirable and increasingly essential to innovative health technology development and health services deployment. A reliable model meeting EU adequacy requirements could enhance the transfer of patient and research participant data. While the DPF might present a familiar terrain …

Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho

Faculty Publications & Other Works

This Artie!£ argues that effective national security mandates protection against the spread of infectious diseases, which requires addressing intellectual property (IP) and technology obstacles. Without modification, IP laws can bar the manufacture of needed treatments by anyone besides the IP owner and its licensees. Although there was some recognition during the COVID-19 pandemic that existing IP laws should be modified, there was strong resistance not only by IP-owning companies, but also by individual countries that impeded the ability to manufac­ture needed vaccines during the height of the pandemic. Many global leaders have recognized that future pandemics are inevitabw and that …

Covid-19 Sports Competition Lockdowns, Return-To-Play Decisions, And Participation Requirements: A Retrospective Review And Future Medicolegal Framework, Matthew J. Mitten, Laurel C. Montag, Abigail C. Barnett

Marquette Sports Law Review

No abstract provided.

Employee Wellness Programs: A Promising Vehicle To Decrease Healthcare Cost And Improve Employee Health, Victoria Schaefer

Student Works

No abstract provided.

The Future Of Telehealth In Medical Licensing Regulations Post-Pandemic In The United States: A Comparison To The European Union And Australia, Jacquelyn Twaddle

Student Works

No abstract provided.

Ai Text-To-Image Tools: Evaluating Risks Of Defamation, Olivia Mao

Student Works

No abstract provided.

Getting Where They’Re Needed: The Case For A Vaccine Treaty, Christian W. Allan

Student Works

No abstract provided.

Force Majeure And The Law Of The Colorado River: The Confluence Of Climate Change, Contracts, And The Constitution, Mary Slosson

University of Colorado Law Review

Climate change is causing significant, permanent changes to the natural world. In the Colorado River Basin, experts forecast that rising temperatures will cause the spread of a drier, more arid climate across the region. The effects of this desertification are already being felt: less rainfall, the loss of deciduous forests, wildfires that engulf urban areas, and a projected 20 to 30 percent reduction in flows on the Colorado River by mid-century. The net effect is an existential crisis for the forty million people that reside in the Colorado River’s watershed. Mitigating the effects of climate change requires swift action. However, …

U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone

Case Western Reserve Journal of International Law

As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …

The Right To A Healthy Environment: Underlying Policy Formation Challenges In The United States During The Trump Era, Michael J. Kelly

Case Western Reserve Journal of International Law

The right to live in a healthy environment is the right to live in an environment where Donald Trump is not president. As this Article demonstrates, Trump’s negative impact across a wide spectrum of policy areas implicated by the right’s goal of creating and maintaining a healthy environment in the United States ran directly opposite to achieving that goal. (Abstract excerpted from article's introduction.)

Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron R. Wheeler

Faculty Articles

This article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single chapter, citing the Consumer Bankruptcy Reform Act of 2020 (CBRA) as a potential remedy. Further, this article argues that a single chapter would simplify the bankruptcy process, reducing the influence of attorney bias and promoting uniform eligibility criteria. This approach aims to make debt relief more accessible, especially for …

Known Unknowns: Unmeasurable Hazards And The Limits Of Risk Regulation, Timothy D. Lytton

Oklahoma Law Review

No abstract provided.

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Marquette Intellectual Property & Innovation Law Review

None

The Use Of Mediation To Reduce Medical Malpractice Claims, Unnecessary Antimicrobial Therapy, And Resistance Rates In Patients Across The Nation, Shifra Ben-Jacob

Cardozo Journal of Conflict Resolution

No abstract provided.

Competition & Risk, Doni Bloomfield

Faculty Scholarship

No abstract provided.

Asylum, Title 42, & Female Foreign Nationals, Cecilia I. Morin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Religious Exemptions To Vaccinations: The First Amendment Vs. Rfra, Sneh Amin

Student Works

No abstract provided.

Challenging Medicine: Ivermectin Cases, Medical Futility Cases And The Patient-Physician Relationship, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero

Touro Law Review

This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …

Challenging The Criminalization Of Undocumented Drivers Through A Health-Justice Framework, Jason A. Cade

Scholarly Works

States increasingly use driver’s license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend—state schemes that prohibit noncitizen residents from accessing driver’s licenses and then impose criminal sanctions for driving without authorization. Status-based no-license laws not only facilitate legally questionable enforcement of local immigration priorities but also impose structural inequities with long-term health consequences for immigrants and their family members, including US citizen children. Safe, reliable transportation is a significant social determinant of health for individuals, families, and communities. Applying a health justice lens …

The "New" Drug War, Jennifer D. Oliva, Taleed El-Sabawi

Articles by Maurer Faculty

American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the supply of drugs that are labeled as dangerous and addictive. The decisions as to which drugs fall within these categories have neither been made by health agencies nor based on scientific evidence. Instead, law enforcement agencies have been at the helm of the drug war advocating for and enforcing prohibition.

The drug war has been a failure …

Three Essays On Energy Related To State Policies And Low Carbon Transitions, Pinky Thomas

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation consists of three essays on energy-related state policies and energy transition. Each paragraph below refers to the three abstracts for the three chapters in this dissertation, respectively.

The first essay is entitled: “Impacts of State Tax and Resource Ownership Policies on Extraction: Evidence from U.S. Natural Gas Production”. The innovation of combined use of horizontal drilling and hydraulic fracturing technologies during the 2000s has allowed natural gas producers in the United States to extract natural gas and liquids from deep shale formations in a cost-efficient manner. This essay evaluates whether unconventional gas production responds to tax changes, and …

Disability, Race, And Health Beyond The Carceral State, Benjamin Barsky, Craig Konnoth, Michael A. Stein

Faculty Scholarship

No abstract provided.

Internet Drug Prohibition And The Opioid Overdose Crisis, Benjamin Barsky

Faculty Scholarship

The Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act) prohibits controlled substance tele-prescribing when it occurs without a preliminary in-person medical evaluation. This Article details the Ryan Haight Act’s consequences for the practice of telemedicine in general and opioid addiction treatment in particular. In doing so, it builds on literature exploring the tension between the federal criminal regulation of controlled substance prescribing and the management of large-scale public health crises, particularly the opioid overdose crisis.

By restricting the tele-prescription of certain controlled substances used for opioid addiction treatment, the Ryan Haight Act limits access to care for a …

Volume 6, Issue 1 (2023) Criminal Justice Agents And Responsibility, Colleen Berryessa, Elizabeth Griffiths, Kaitlen Hubbard, Deena A. Isom, Kateryna Kaplun, Hiuxuan Li, Siyu Liu, Esther Nir, Heather L. Scheuerman, Rachel Schumann, Sandy Xie, Carolyn Yule

International Journal on Responsibility

This special issue of the International Journal on Responsibility (IJR) advances scholarship on the various ways responsibility infuses the roles of criminal justice agents. As the inaugural issue of my tenure as Editor-in-Chief, Volume 6 deepens our understanding of responsibility in the context of the criminal justice system, thereby fulfilling IJR’s aim and scope. Specifically, the articles highlight issues of responsibility within each component of the criminal justice system: police, courts, and corrections.

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

Black Liberty In Emergency, Norrinda Brown

Northwestern University Law Review

COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.

The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …