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The Nih-Moderna Public-Private Partnership: A New Contractual Model For Securing Innovation, Karen Sandrik

Texas A&M Law Review

The public–private partnership between the National Institutes of Health (“NIH”) and Moderna was considered “one of the few bright spots of the pandemic.” Yet as the NIH–Moderna collaboration progressed at an unprecedented pace, going from vaccine development to FDA authorization in nine months, cracks began to appear in the partnership. Public trust in vaccinations wavered, multiple patent disputes arose, and global frustration erupted over Moderna’s lack of commitment to equitable access to the vaccine that was largely paid for by U.S. taxpayers. This Article argues that the parties’ contractual agreements did shockingly little to support or, indeed, set up the …

Dialing In Or Dialing Out? The Relationship Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino

Texas A&M Law Review

This Article begins by reporting the results of a comprehensive 50-state survey assessing state laws and other state sources governing the telemedicine induction (“tele-induction”) and subsequent telemedicine prescription (“tele-prescription”) of buprenorphine for the treatment of opioid use disorder (“OUD”) following the expiration of the COVID-19 public health emergency (“PHE”). Original, concrete findings include: (1) the glaring patchwork of state law governing the tele-induction and subsequent tele-prescription of buprenorphine for the treatment of OUD in the United States; (2) the variety of primary authorities and secondary sources that house relevant permissions, prohibitions, and affiliated requirements; (3) the number of primary authorities …

A Broken Glass And Its Pieces: The Psychological Impact On Children In Gaza, Qamar Bazar

Publications and Research

This review article is on the psychological effects of ongoing violence on children living in Gaza through a trauma-informed approach to bring together research from academic articles, clinical studies, and journalistic reports published between 2023 and 2025. Based on the sources selected, their focus is on children’s mental health and whether they came from trusted and credible platforms. Rather than just summarizing the research, the paper uses relevant sources to understand how distress shows up in children with mental health struggles such as post-traumatic stress disorder (PTSD), dissociative amnesia, and obsessive-compulsive disorder (OCD). Questions like how they are related to …

Negotiating Migration In The Mediterranean: A Comparative Study Of Morocco And Italy’S Border Policies And Their Humanitarian Impact On Irregular Migrants, Shennel Ep Henries

Master's Theses

Serving as both a barrier and a bridge that connects Africa and Europe, the Mediterranean is today the focal point of global controversies around migration, where humanitarian interests balance against border policing and meet securitization policies. This thesis examines the questions: How do irregular migrants adapt, interpret, and maneuver around securitized Moroccan and Italian migration policies, and what do their strategies tell us about the relationship between humanitarianism and securitization in Mediterranean bordering processes? Drawing on qualitative evidence, including expert interviews with organization employees and volunteers in Morocco and Italy (Fondazione Solidarietà Caritas, Nosotras Onlus, and Caritas Maroc), field observation, …

California’S Ban On Cruel Or Unusual Punishment: A State Constitutional Analysis Of Anti-Camping Ordinances, Anna R. Janson

Connecticut Law Review

In Martin v. City of Boise, the United States Court of Appeals for the Ninth Circuit relied on the Cruel and Unusual Punishment Clause of the Eighth Amendment to rule that a class of involuntarily unhoused individuals may not be criminally punished for sleeping on public property in the absence of “sufficient alternatives” for all unhoused people. In Johnson v. City of Grants Pass, the Ninth Circuit elaborated that civil schemes which lead to criminal punishment are unconstitutional as well. However, the United States Supreme Court granted certiorari in the latter case and disrupted both Ninth Circuit decisions. The Court …

Administrative Law And The Pandemic, Gillian E. Metzger

Faculty Scholarship

American administrative law’s relationship to change is, as they say, compli­cated. On the one hand, continual evolution has been an endemic feature of American administrative law. Doctrines such as Chevron deference to agency statutory interpretations were born, grew, and declined in just the period from the 1980s to today. On the other, the United States (US) Supreme Court regularly rejects such common law development in administrative law as illegitimate and insists that federal judges must adhere to the original terms of the 1946 Administrative Procedure Act (APA) and other statutes, unless the Constitution requires otherwise. And to this day scholars …

Compensating Regulatory Losers, Todd S. Aagaard

Faculty Publications

Every change in government regulation creates benefits and burdens that fall unequally on the population. This unequal distribution raises the question of whether fairness requires compensating those who bear regulatory costs—what is known as the “compensation problem.” The extensive body of scholarship addressing the compensation problem tends to focus only on the burdens of regulatory compliance and ignores the burdens of injuries left unaddressed by regulation. The effect of this differential treatment is to treat past regulatory windfalls as permanent entitlements and to omit from the analysis equally deserving regulatory losers who have suffered the consequences of unregulated harms. This …

Incalculable Harm: Analyzing The Impact Of The Covid-19 Pandemic On Immigration Detention In Canada, Efrat Arbel, Molly Joeck

All Faculty Publications

This paper reflects on the impact of the COVID-19 pandemic on immigration detention in Canada. Drawing on research spanning 2020 to 2022, we analyze how the pandemic impacted rates of detention, conditions of detention, and other related issues. Data released by the Canada Border Services Agency shows that despite an initial decrease in absolute numbers, Canada detained people at a higher rate after the onset of the pandemic than it did prior. Canada also held people for longer periods of time and relied more heavily on jails than dedicated Immigration Holding Centres. Conditions of confinement deteriorated significantly across all detention …

Veterinary Medical Board, Isiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

Farm Until It’S Gone: Industrial Animal Agriculture And The Limits Of Law, Douglas A. Kysar

DePaul Law Review

No abstract provided.

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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 …

Science And Politics In Public Health Regulation, Samuel R. Bagenstos

University of Michigan Journal of Law Reform

Much of American public discourse takes for granted a distinction between science and politics. People describe and understand that distinction in contradictory ways, however. And those contradictions themselves underscore how closely entwined science and politics actually are.

Dirty Water, Breanna Booker, Michael S. Sinha

William & Mary Environmental Law and Policy Review

There are tens of thousands of unregulated industrial substances manufactured and used in the United States. This Article focuses on three specific to plastic and its manufacturing process: microplastics, phthalates, and BPAs. These substances have been attributed to many known health harms and potentially more that have yet to be identified. The research is still nascent and continues to evolve, but what we do know is who is creating the problem. From big oil companies and plastics manufacturers, to creators of textiles and tires, to investors who all contribute to the problem, how can we hold these accountable for the …

Making Super Soldiers: Command Authority And The Implications Of “Getting To Yes”, Christopher J. Lin

Health Matrix: The Journal of Law-Medicine

The capability and will to enhance soldiers’ minds and bodies for warfare have existed throughout the centuries and across nations, from Ancient Greek hoplites partaking in wine before battle to calm nerves, to American servicemembers consuming amphetamines to remain awake during long-range reconnaissance missions in the Vietnam War. With advancements in biomedical technology, certain types of enhancements entail modifications with varying degrees of permanence to enhance battlefield performance. This Article explores the historical context and contemporary developments of biomedical enhancements, with a focus on the longstanding deference to military command authority regarding issues of individual autonomy. By examining the impacts …

A Systems Theory Of Tort Law: Reevaluating The Case Against “Regulation By Litigation”, Timothy D. Lytton

Missouri Law Review

For decades, critics of tort law have argued that lawsuits are a poor substitute for government regulation. These detractors compare the institutional capacities of courts and agencies, and they conclude that litigation is ineffective, inefficient, and illegitimate as an alternative to notice-and-comment rulemaking. In response, this Article asserts that characterizing tort law and administrative regulation as alternatives obscures their interdependence. By using systems theory to model this interdependence, the Article argues that any fair-minded assessment of tort litigation’s contribution to regulatory governance requires understanding it as part of a system. Ignoring the systemic impacts of tort litigation overlooks the subtle …

A Masque Of Red Death: The Fda's "Individual Risk-Based" Blood Donor Final Guidance Report Is A Poorly Constructed Facade Covering Continued Animus Toward Queer Men, Gerald Dryden

Cardozo Journal of Equal Rights & Social Justice

The note argues that the FDA's blood donation guidelines discriminatorily target queer men, perpetuating stigma and failing to align with contemporary science. These guidelines, while aiming to protect blood recipients, are unconstitutional and not tailored to avoid discrimination, thus requiring revision to reflect current scientific understanding and eliminate bias.

Revving Up Or Stalling Out? Examining The Effectiveness Of Electric Vehicles In Combating Climate Change, Meghan E. Miller Termat

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Human-Animal Chimeras: An Omen For Disaster Or An Answer To Our Prayers?, Catherine A. Zimmermann

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the purpose of chimera research, various ethical arguments, and the current perception of chimera research in the United States to address aspects of the proposed legislation. Chimeras are unique in that they have both human and animal cells. Taking this into account, I also discuss the current regulatory structure and legal protections which provide a framework for the regulation of chimera research. I explain and analyze the law regarding the NIH moratorium and explore factors that have led the United States to consider lifting the moratorium while examining different legal perspectives which explain …

Petition For Initial Hearing En Banc, United States V. Michael Norwood, Becca Steinberg, Brian Wolfman, Regina Wong, Madeline H. Meth, Sara Brizio, Elizabeth Brownstein, Shreya Sarin

Faculty Scholarship

This appeal involves a question of exceptional importance because it implicates binding circuit precedent that directly conflicts with the United States Sentencing Commission’s exercise of statutorily delegated authority. Congress expressly charged the Commission with promulgating policy statements and guidelines establishing, among other things, a framework governing compassionate release of federal prisoners. 28 U.S.C. § 994(a), (t). So, when Congress provided that district courts could consider a sentence reduction if warranted by “extraordinary and compelling reasons,” 18 U.S.C. § 3582(c)(1)(A), Congress did not define that phrase. Instead, it directed the Commission to do so. 28 U.S.C. § 994(t).

The Commission did …

“Hippo” Law Law And The Biodiversity Crisis Of Habitat Loss, Invasive Species, Pollution, Population, And Overharvesting, Andrew W. Torrance, Bill Tomlinson

UC Law SF International Law Review

This article explores the critical issue of biodiversity loss through the lens of the “HIPPO” acronym coined by Edward O. Wilson: Habitat loss, Invasive species, Pollution, Population, and Overharvesting. It examines the ecological and social ramifications of declining biodiversity and assesses existing legal frameworks aimed at mitigating these threats. Furthermore, the article proposes innovative legal mechanisms to address each HIPPO factor, offering a legal approach that spans many different domains. By integrating comparative legal analysis and suggesting forward-looking legal reforms, this work aims to contribute to the conservation efforts essential for sustaining biodiversity in the face of escalating environmental challenges.

Asking The Rights Questions: An Emgerency Action Exception To The Major Questions Doctrine, Mark Hager

Minnesota Law Review Vols. 106:2 onward (2021-present)

Congress delegates broad discretionary power to administrative agencies to respond to emergency situations, taking advantage of their extraordinary expertise and response speed. Yet these delegations are defined by a judicial rule known as the “Major Questions Doctrine.” The Major Questions Doctrine seeks to protect the separation of powers by preventing excessive use of executive power without clear delegation by Congress. Where a “major question” of vast economic or political significance is raised, it requires “clear” authorization in the delegating statute. During COVID-19, the Supreme Court used the doctrine to strike down several response programs, including: the Center for Disease Control’s …

Tienen Alas, Pero No Las Pueden Usar: Stories Of Immigrants In Search Of Work Credentials, Jonathan Vega-Martinez, Maria M. Pache De Athayde, Fabián Torres-Ardila, Phillip Granberry

Gastón Institute Publications

This report presents the results of a qualitative research study, funded by the Latino Equity Fund of the Boston Foundation, aimed at understanding the challenges that highly skilled immigrants1 face when reentering their careers in Massachusetts.

Landlord Licensure: A Pathway To Improved Rental Housing In New Mexico, Stefanie N. Jock

New Mexico Law Review

Over a thousand different professions throughout the United States are subject to occupational regulations for the purpose of protecting public health, safety, and welfare. Yet, few professions are as crucial to public health, safety and welfare as the business that controls access to rental housing. The availability of rental housing is critical to the people of New Mexico due to the state’s high percentage of low-income households and the shortage of affordable housing units available in recent years. Thus, low-income renters in New Mexico are often left dealing with substandard housing conditions or paying a significant portion of their income …

The Conservative Response To Transformative Disruption: Voice Or Exit 100 Years After Meyer And Pierce?, Neal Mccluskey

The Journal of Contemporary Legal Issues

In 1923 and 1925, respectively, the U.S. Supreme Court rulings in Meyer v. Nebraska and Pierce v. Society of Sisters established limits on the ability of government to constrain what children’s education contains and where it occurs. The Court recognized the “right” of parents to exercise basic control over those things. One hundred years later, we are seeing a renewed emphasis on “parental rights,” both with booming growth of “school choice” programs that allow government-connected funding to follow children to educational options their parents select and efforts to constrain what public schools do. The position of conservatives on such parental …

Expanding Health Insurance For Formerly Incarcerated People, Benjamin Barsky, James R. Jolin, Meredith B. Rosenthal

Faculty Scholarship

No abstract provided.

Water Security In The Wake Of Arizona V. Navajo Nation: How The President’S Emergency Powers Can Provide A Path Forward For The Navajo Nation, Kelly Bridges

University of Chicago Legal Forum

In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation’s water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the President and Congress to amend an 1868 treaty, the language of which served as the basis for the holding in Navajo Nation. These paths forward are not without problems. Litigating water rights claims is costly and time-intensive, sometimes taking decades to be decided. As …

A Transformational Agenda For National Security, Maryam Jamshidi

University of Chicago Legal Forum

Past efforts to "reimagine" national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national security. This Article presents an agenda for reimagining national security through legal scholarship, which is premised on the view that challenging the national security status quo should be part of those efforts. In doing so, this agenda explores seven premises central to how U.S. national security is currently conceived of, practiced, and implemented. Moving …

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

University of Chicago Legal Forum

This Article 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 inevitable and that …

Decriminalizing Disease: A Health Justice Approach To Infectious Diseases And Criminal Law, Sean E. Bland

Arkansas Law Review

Infectious diseases, also called communicable diseases, are largely a public health issue and should not be criminalized. This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities. The Article makes three novel contributions. First, it applies a health justice framework to the critique of infectious disease criminalization. Second, the Article …