Digital Commons Network^™

Beyond The Pandemic: Historical Infrastructure, Funding, And Data Access Challenges In Indian Country, Heather Tanana, Aila Hoss

Utah Law Faculty Scholarship

The COVID-19 pandemic has disproportionately impacted Tribal communities, in part, due to the historical inequities that Tribes have faced for centuries. As sovereign nations, Tribes have the authority to self-govern their people and land. However, the federal government has a special trust responsibility and treaty obligations to Tribes that it often has failed to fulfill. As a result, many Tribal communities live in inferior living conditions as compared to their non-Native counterparts. This Chapter builds on the prior report to explore the historical inequities Tribes experience and how they have been compounded by the pandemic. More specifically, it identifies persistent …

Restorative Relationships And “Radical Help”: Reimagining Welfare-To-Work Beyond The Market-Family Divide, Lynn D. Lu

University of Baltimore Law Review

No abstract provided.

All I Want For Christmas Is A Carbon Sink, Tori Timmons

UC Law Journal

Anthropogenic climate change is among the gravest problems humanity faces. Nonetheless, global greenhouse gas emissions are not slowing, and the complete elimination of greenhouse gas emissions is not currently foreseeable. American culture and industries rely on activities and technologies that overuse greenhouse-gas-emitting fuel. Despite ever-increasing awareness and concern, many Americans feel apathetic and discouraged regarding behavioral changes for the benefit of the environment, even those who acknowledge the existence and exigency of climate change. In order to make a real impact, and nullify any barriers to action, climate change-focused laws must encompass everyday behaviors. Enter the American Christmas tree market. …

The Demographics Of Death: An Early Look At Covid-19, Cultural And Racial Bias In America, Eddie Bernice Johnson, Lawrence J. Trautman

UC Law Constitutional Quarterly

During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first in- stance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy Americans have far fewer options amid the new normal of shelter-in-place orders, school closings, and shuttered businesses. For example, the poor and other populations may be genetically pre-disposed to heart disease and diabetic issues, but poverty also dictates …

Starvation: Building The Case For Prosecuting Starvation Crimes In Yemen, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

Aging In The 21st Century: Establishing A Uniform Protection Of Elderly Persons In The United States Through An International And Comparative Law Analysis, Jessica Garcia-Brown

Cardozo International & Comparative Law Review

The article argues that the elderly population lacks robust legal protections both internationally and domestically, with existing measures being fragmented and insufficient. It emphasizes the need for comprehensive federal legislation in the United States and a universal international convention to address elder abuse, neglect, and exploitation. The analysis highlights how current protections fail to provide uniform enforcement and often perpetuate harmful stereotypes by grouping the elderly with disabled individuals. The article advocates for dedicated legal frameworks to empower the elderly, dispel ageism, and ensure their rights are safeguarded globally.

Amazon Hq2 & The Nimby Movement: An Opportunity To Incorporate Deliberative Democracy Into New York's Land Use System, Jennifer Russnow

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure of Amazon's HQ2 deal in Long Island City, attributing it to inadequate community engagement and the top-down approach by government officials. It argues that incorporating deliberative democratic methods into New York's land use system could mitigate such issues by fostering better dialogue between stakeholders, thus leading to more inclusive and equitable development projects.

Make Hay While The Sun Shines: Private Equity And The False Claims Act, Gregory F. Maczko

Vanderbilt Law Review

For years, the federal government has used the False Claims Act to police fraud in the healthcare industry. Every year, the Department of Justice recovers billions of dollars from healthcare companies for their False Claims Act violations, both penalizing wrongdoers and providing incentives for whistleblowers to come forward. Over the past decade, however, private equity activity within the healthcare industry has increased significantly, presenting questions as to how the False Claims Act applies when a private equity firm’s portfolio company is accused of wrongdoing. This Note analyzes the ambiguity in how different courts have previously applied the False Claims Act …

The Boston Medical Center Immigrant Task Force: An Alternative To Teaching Immigration Law To Health Care Providers, Sondra S. Crosby, Lily Sonis, George J. Annas

Faculty Scholarship

As healthcare providers engage in the politics of reforming and humanizing our immigration and asylum “system” it is critical that they are able to refer their patients whose health is directly impacted by our immigration laws and policies to experts who can help them navigate the system and obtain the healthcare they need.

Unallot A Lot: Virginia's Human Services Budgeting In The Time Of Coronavirus, Valerie L'Herrou, Cassie Cunningham, Salaam Bhatti

Richmond Public Interest Law Review

Virginia’s 2020 General Assembly budgeting process for fiscal year (“FY”) 2021-2022 was upended by the global pandemic which, after a rosy economic forecast for the Commonwealth, sent revenue expectations tumbling, and necessitated a nearly complete rewrite of the budget immediately upon its enactment by the legislature. Social services, an important aspect in the economic health of the Commonwealth, seemed poised to have greater support from the new Democratic majority in both houses of the state legislature as well as the governor’s mansion. But this may or may not have been true, even before the impact of COVID-19.

Mmu: 03/29/21–04/04/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Order Crossings through Grubhub (8 a.m. to 2 p.m.)
• CDO Announcements
• Upcoming Deadlines
• Fall Externships Information for 1Ls and 2Ls
• Moot Court Congratulatons
• SBA Store
• Christian Legal Society Monday Morning Prayer
• Nutrition Workshop
• Women, Vocation, and the Law
• LSAT SBA Election Info Session
• Mass Schedule
• Spring 2021 IP Lecture Series: Professor Kara Swanson, Race and Selective Legal Memory
• International Human Rights Society: Join United Nations Special Rapporteur, Dr. Marcos A. Orellana for a conversation on toxics and human rights
• Environmental Law Society: Join …

Perspectives Of Immigrant Families And Persons With Disabilities During Covid-19, Diana Rodriguez Lmsw, Kathleen Mcgrath Msw

Developmental Disabilities Network Journal

Background: The health, economic, social, political, and psychological consequences of COVID-19 have been deeply felt on a global level. Persons with disabilities, including those from Hispanic/Latino immigrant communities, have faced unique challenges during both the peak and fallout of the pandemic. Throughout both the United States and New York City, COVID-19 has disproportionately affected communities of color. However, the impact of COVID-19 on persons with disabilities among immigrant and communities of color is still unfolding.

Aims: In this paper, we aim to better understand the compounded stress of the COVID-19 pandemic experienced by immigrant families who have a child with …

Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan

Jurnal Hukum & Pembangunan

High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important …

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith

Catholic University Law Review

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article seeks …

Arkansas V. Oklahoma: Downstream States Left Without A Paddle, Neil Fairweather

Journal of Natural Resources & Environmental Law

No abstract provided.

Legal Bases For Securing The Integrity Of The Earth-Space Environment, Myres S. Mcdougal

Journal of Natural Resources & Environmental Law

No abstract provided.

The Fate Of The Public Charge Rule Following A Covid-19 Era, Jacquelyn Sicilia

SLU Law Journal Online

Within two weeks of the new administration, President Biden sought immediate review of the long existing Public Charge Rule and former President Trump's changes to it. In this article, Jacquelyn Sicilia discusses the recent litigation on the Public Charge Final Rule and where it stands today.

Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen

BYU Law Review

No abstract provided.

Financial Inclusion And Banking Regulation: The Role Of Proportionality, Kern Alexander

Law and Contemporary Problems

No abstract provided.

Judicial Review Of National Regulations Under Smcra And Holmes Limestone Co. V. Andrus: Is The District Court For The District Of Columbia The Only Proper Forum?, John Cato Fogle Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Statutory Time Limitations On The Availability Of Judicial Review Of Regulations Under Smcra, Jack C. Bender

Journal of Natural Resources & Environmental Law

No abstract provided.

The Opioid Crisis Or Climate Change: Which Is More Likely To Succeed Under The Tobacco Litigation Model?, Elizabeth W. De Leon

Texas A&M Law Review

Societal problems can occasionally have legal solutions, and several tools exist to implement change, including litigation and regulation. However, what elements make a societal problem more suitable for litigation or regulation? This Article examines four different societal issues (tobacco use, obesity, opioid addiction, and climate change) to determine whether litigation or regulation is the more appropriate route for success. The tobacco litigation serves as a successful example, while the fast food litigation serves as an unsuccessful example. Six signs of success are derived from the tobacco litigation: a large settlement agreement, evidence of corporate wrongdoing, change in public opinion, the …

A Review Of Grey Literature Cited By Food Loss Law And Policy Scholarship, Angela Hackstadt

University Libraries Faculty Scholarship

In the United States, state and federal programs, rules, and legislation attempt to address the social, economic, and environmental impacts of food waste. Research on the efficacy of these interventions rely on a variety of grey literature resources. Grey literature is valuable to policy research but may be overlooked because it is not published commercially and is often deemed unauthoritative. This review focuses on the use of grey literature in food waste law and policy scholarship to identify the most used sources and to determine what, if any, archiving strategies authors use. Recommendations for librarians and researchers are discussed.

Establishing A Conditional Driver's Permit In Texas, Texas A&M University School Of Law Community Development Clinic, Madeline Marguerite Byers, Olivia Countryman, Taylor Garner, Crystal Hernandez, Luz E. Herrera, Lisa Mares

Legal Clinics

This report recommends expanding access to state-issued driver permits for Texans who are unable to obtain a driver license due to state requirements imposed pursuant to federal law. Many Texans, especially some of our most vulnerable residents, have difficulty meeting heightened identification requirements under federal law, and consequently drive without state authorization and auto insurance. This report also highlights the benefits of establishing a new driver’s permit and why it should be accessible by Texans who are natural disaster victims, experiencing homelessness, family violence survivors, and immigrants with no lawful status, a complicated immigration status, or in the process of …

Risk Indicators Of Food Insecurity In The Cf Population, Semret Seyoum, Marsha Regenstein, Lea Nolan

Health Policy and Management Issue Briefs

No abstract provided.

Anti-Gmo And Vaccine-Autism Public Policy Campaigns In The Court Of Public Opinion, Robert C. Bird

UC Law Journal

Science skepticism is on the rise worldwide, and it has a pernicious influence on science and science-based public policy. This Article explores two of the most controversial science-based public policy issues: whether genetically modified foods are inherently unsafe and whether vaccines cause autism spectrum disorder. After evaluating the scientific credibility and discursive power of these claims, this Article analyzes how changes in public opinion can shift public policy away from anti-scientific practices. Legal scholarship can play a substantial role because, if accessibly written, it has the potential to be timely, persuasive, and comprehensible by a broad audience. Other stakeholders also …

The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds

Articles

Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction between …

J Mich Dent Assoc March 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Vaccination by Dentists: Integrating Vaccination into Dental Practice”.
• A feature article on “Creating Opportunities for HPV Awareness and Prevention in Dental Health Care Settings”.
• The feature article, “MDA Legislative Advocacy 2021: What We’ve Done and What’s to Come”.
• “How COVID-19 Has Impacted Michigan Dentists”, a feature article.
• News you need, Editorial and …

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

Part I of this article described and analyzed Portillo-Flores v. Barr, a case in which the Fourth Circuit, over Judge Stephanie Thacker’s dissent, upheld the Board of Immigration Appeals’ (“BIA”) denial of asylum to a Salvadorian asylum seeker who, as a child, was beaten nearly to death by MS-13 because his sister fled the country to avoid becoming a gang leader’s girlfriend. It contends not only that Portillo-Flores is inconsistent with general immigration standards, but also that the Fourth Circuit committed two main legal errors. First, the Fourth Circuit erred in requiring that Portillo-Flores should have reported the persecution …

Improving Sustainability And Promoting The Right To Holistic Food: The Role Of Agribusiness, Ying Chen

Florida Journal of International Law

This research provides an advanced interpretation of the right to food, arguing that it should include not only food security and food safety, but also sustainability. It further calls for the international community to replace the right to food with the right to holistic food. The new term highlights the holistic nature of food production. Monsanto (now Bayer) is used as an example to explain that agribusiness-specifically leading global companies-can play an important role in making the global food system safer, healthier, more productive, and more sustainable, primarily through their daily operations and technological advancements. In particular, agribusiness can make …