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U.S. Housing Relief During Covid: Successes And Failures - And What Policymakers Can Do, Gabriel Bildirici

Cardozo International & Comparative Law Review (CICLR) Blog

Housing insecurity has increased drastically since the onset of the coronavirus pandemic last year. Millions have lost their incomes, forcing people to fall behind on rent. At this point, there is a federal eviction moratorium and many states and cities have their own eviction moratoriums aimed at stopping evictions during these critical months as the United States is combating the highest amount of cases and deaths across the nation.

This post was originally published on the Cardozo International & Comparative Law Review website on February 22, 2021. The original post can be accessed via the Archived Link button above.

Analysing The Trend Of Illicit Tobacco In The Philippines From 1998 To 2018, Monica Paula Lavares, Hana Ross, Ariza Francisco, Nadia Doytch

Ateneo School of Government Publications

Tobacco taxation is the most effective measure to reduce cigarette consumption and consequently improve public health outcomes. It is also an important source of government revenue. The presence of an illicit tobacco market diminishes the public health and fiscal gains of cigarette levies by making cheaper non-taxed cigarettes available. To date, the research on the extent of illicit tobacco trade in the Philippines, despite its potential to inform policies for controlling the supply of illicit cigarettes, has been limited. This study provides an estimate of the size of the illicit tobacco market in the Philippines from 1998 to 2018. It …

Coronavirus "Cures" And The Courts, Chad G. Marzen, Michael Conklin

William & Mary Business Law Review

The coronavirus pandemic has drastically affected nearly every aspect of American life. Unfortunately, it has also created an opportunity for those willing to exploit vulnerable citizens by selling fake “cures.” This Article analyzes a lawsuit against televangelist Jim Bakker for doing just that. This Article also calls for increased protection for individuals when a global health pandemic and national emergency have been declared. This Article advocates a novel proposal—the enacting of a federal statute making it a felony for an individual to knowingly sell a fraudulent cure for any disease that has been designated a pandemic by the World Health …

Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Can Track And Field’S Governing Body Ban Female Runners From Competing In The U.S. Because Of High Testosterone Levels?, Katz, Ronald S., Luckinbill, Robert W.

Santa Clara Law Review

This article explores the applicability, if any, in the United States of a decision rendered by a private sports arbitration organization in Lausanne, Switzerland: the Court of Arbitration for Sport (CAS). The decision validated regulations of World Athletics—the private organization that governs track and field internationally—which had the effect of banning an Olympic champion, Caster Semenya of South Africa, from international competition against females because she had testosterone levels that World Athletics deemed too high. The article focuses on the fact that the CAS decision uses the law of Monaco to decide the matter. CAS specifically states that the decision …

Sonner V. Premier Nutrition Corp., Ruth Dapper, Bryce Young

Notre Dame Law Review Reflection

When sitting in diversity jurisdiction, must a federal court apply federal equitable principles when deciding state law claims, even if state law may provide a different outcome? That was the question before the United States Court of Appeals for the Ninth Circuit in the case of Sonner v. Premier Nutrition Corp. Although the Ninth Circuit’s published opinion relies on “seventy-five years” of unchanged law, the opinion joins a long list of cases that continue to help clarify the tenets from Erie Railroad Co. v. Tompkins and inform the courts and practitioners on the relationship between state and federal authority …

Property And Intellectual Property In Vaccine Markets, Ana Santos Rutschman

Texas A&M Journal of Property Law

As biopharmaceutical forms of technology, vaccines constitute one of the most important tools for the promotion and maintenance of public health. Tolstoy famously wrote that “[h]appy families are all alike; every unhappy family is unhappy in its own way.” Vaccine markets offer perhaps one of the most extreme embodiments of Tolstoy’s principle in the field of biopharmaceutical innovation.

Vaccines are often described as one of the most unprofitable types of biopharmaceutical goods, under-incentivized from a research and development (“R&D”) perspective, and routinely failing to attract sufficient investment from traditional funders in biopharma. In this sense, and despite the scientifically well-established …

Assessing Social Influencers Of Health And Education, The Center For Health And Health Care In Schools (Chhcs)

Health Policy and Management Issue Briefs

No abstract provided.

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, Hanna Rutkowski

Michigan Law Review

Nearly five million individuals are admitted to America’s jails each year, and at any given time, two-thirds of those held in jail have not been convicted of a crime. Under current Supreme Court doctrine, these pretrial detainees are functionally protected by the same standard as convicted prisoners, despite the fact that they are formally protected by different constitutional amendments. A 2015 decision, Kingsley v. Hendrickson, declared that a different standard would apply to pretrial detainees and convicted prisoners in the context of use of force: consistent with the Constitution’s mandate that they not be punished at all, pretrial detainees …

California V. Texas: The Role Of Congressional Procedure In Severability Doctrine, Mary Leto Pareja

Faculty Scholarship

The United States Supreme Court is once again considering a case that challenges the constitutionality of the Affordable Care Act (“ACA”). In this round of litigation, plaintiffs argue that because Congress lowered the individual mandate tax penalty to zero in the 2017 Tax Act that makes the individual mandate itself unconstitutional and that, furthermore, the individual mandate cannot be severed from the rest of the ACA. The District Court agreed with the plaintiffs and struck down the entire ACA, and the Supreme Court granted cert to hear this momentous question. A decision is expected by summer of 2021.

The ACA …

Biodiversity 2050: Can The Convention On Biological Diversity Deliver A World Living In Harmony With Nature?, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

The Convention on Biological Diversity’s (CBD) ‘2050 Vision’ aims to achieve, by 2050, a world that is ‘living in harmony with nature.’ Yet biodiversity is threatened globally to an extent never before witnessed in human history. The Global Assessment of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES Global Assessment)—the largest ever assessment of the global state of biodiversity and ecosystems services—found that a sustainable global future for people and nature remains possible. However, this can only be achieved if we fundamentally redesign our economic, social, and governance systems. It is almost three decades since the CBD, the …

Welfare Queens And Work Requirements: The Power Of Narrative And Counter-Narrative, Nick Burns

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

Vol. 60, No. 04 (January 25, 2021)

Indiana Law Annotated

No abstract provided.

A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar

DePaul Journal for Social Justice

No abstract provided.

The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak

DePaul Journal for Social Justice

No abstract provided.

Embodying Punishment: Emotions, Identities, And Lived Experiences In Women’S Prisons, By Anastasia Chamberlen, Joshua Shaw

Osgoode Hall Law Journal

Laws are experienced, and produced, with and through bodies. By this, I mean the prohibitions, permissions, rights, and duties often understood as shaping the topology of a social community, amount to more than a system of rules incorporated in mental schema. Laws exist in dialectical relation with agents who construct, rely upon, and find meaning in law, and that dialectical relation is a consequence of both the representations agents impose upon social order and the material conditions of their environment that inform or otherwise give shape to their social practices. That environment, in which the legal actor is emplaced, includes …

Puerto Rico’S Separate And Unequal Status Under U.S. Law, Brendan Williams

Pace Law Review

No abstract provided.

Brewing Green Beer: Building A Regulatory Scheme Robust To Changes In Brewing Technologies, Daniel Pashang Withers

Texas A&M Law Review

New beer brewing technologies provide brewers with options to produce beer in more eco-friendly, less resource-intensive ways; however, as brewers adopt these technologies, they may find themselves straddling between the regulatory schemes of the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and the Food and Drug Administration (“FDA”). The two agencies have divided control over beers based on their ingredients, which places some beers under the TTB’s purview as “malted beverages” and others under the FDA’s purview. These distinctions have implications for the regulatory hurdles that brewers must overcome to market their products. Additional regulations that eco-friendly, green beers …

Targeted Transparency As Regulation, Margaret Kwoka, Bridget Dupey

Florida State University Law Review

Traditional government transparency tools are coming under increasing criticism. Laws like the Freedom of Information Act, once thought to revolutionize democracy by opening up government for all to see, have proven to be relatively rough tools (at best) in accomplishing accountability. While the democratic ideals are still celebrated, the increasing costs of broad open-the-government style laws-both monetary and nonmonetary-have not gone unnoticed. Meanwhile, in the regulatory landscape for private companies, targeted disclosure requirements have become increasingly popular methods of encouraging all manner of socially beneficial behavior, be it curbing pollution, making safer consumer products, or ensuring anti-discrimination. Across a wide …

#Audited: Social Media And Tax Enforcement, Michelle Lyon Drumbl

Scholarly Articles

With limited resources and a diminished budget, it is not surprising that the Internal Revenue Service would seek new tools to maximize its enforcement efficiency. Automation and technology provide new opportunities for the IRS, and in turn, present new concerns for taxpayers. In December 2018, the IRS signaled its interest in a tool to access publicly available social media profiles of individuals in order to “expedite IRS case resolution for existing compliance cases.” This has important implications for taxpayer privacy.

Moreover, the use of social media in tax enforcement may pose a particular harm to an especially vulnerable population: low-income …

Advancing And Promoting Community Health: Opportunities For Accountable Communities For Health And Community Health Centers, Helen Mittmann, Jeffrey Levi, Janet Heinrich, Feygele Jacobs, Rebecca Morris, Peter Shin

Geiger Gibson/RCHN Community Health Foundation Research Collaborative

Executive Summary:

Accountable Communities for Health (ACHs) are multi -sector, community-based partnerships that aim to address community health and social needs, and Community Health Centers (CHCs) provide important community-based healthcare services for underserved and medically vulnerable populations. Given the critical role that both ACHs and CHCs play in addressing health-related social needs and social determinants of health, a survey of ACHs on CHC engagement was conducted to better understand opportunities and challenges for CHC participation in ACHs. This survey, along with follow-up conversations with ACH and CHC representatives, confirmed that ACHs and CHCs are natural partners in the effort to …

Petitioner’S Final Observations On The Merits Petition No. 1418-07, Siti Aisah And Others V. United States Of America, Claudia Flores, Mariana Olaizola, Ana Luquerna, Keila Mayberry

Global Human Rights Clinic

No abstract provided.

Covid-19 & Food Insecurity: How The Covid-19 Pandemic Has Exacerbated Food Insecurity And Will Disproportionally Affect Low Income And Minority Groups, George Rice

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Hunger Games: Racial Politics And The U.S. Department Of Agriculture, Brendan Williams

North Carolina Central Law Review

No abstract provided.

Invasion Of School Children's Privacy: Teachers Need To Be Put In Timeout, John D. Janicek, Joseph H. Hanks

BYU Education & Law Journal

This article makes the argument that such social media posts constitute a serious invasion of a child’s privacy right, and that the responsibility for enforcement should fall on schools and school districts. However, since such enforcement is currently lacking, this article argues that potential remedies may exist within the framework of federal law. And if local education authorities continue to fail to address the problem, the article argues that a legislative approach might be called for, at the state, or even federal, level.

The Lack Of Regulation In Preventing Greenwashing Of Cosmetics In The U.S., Alexa Riccolo

Journal of Legislation

If you walked through your local grocery or beauty store today, there is no doubt that you would be bombarded with thousands of different products. You may also observe that many labels accompanying these products utilize terms such as “organic,” “natural,” or “green” in their marketing efforts. Most consumers look to these labels and trust that the products are better for their health and the environment. In a recent study, over 80% of millennials believe that purchasing ecofriendly products not only improves their quality of life, but 75% of millennials are actively looking to make greener changes in their homes …

Tennessee State Plan On Aging, Oct. 1, 2021-Sept. 30, 2025, Tennessee. Commission On Aging And Disability

State Plans

The Tennessee State Plan on Aging for provides policy makers, service providers, and the general population with appropriate data about trends and implications for the current aging population as well as the impact of the increase in the aging population due to the aging baby boomer generation.

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

Publications and Research

The unprecedented global lockdown in response to the COVID-19 pandemic exposed the extreme vulnerability of “essential” yet underpaid workers, the vast inequality between the wealthy and the less fortunate, and the bottomless pit facing those without a social safety net. While the crisis has laid bare the near-universality of human susceptibility to disease and unemployment in a world in which few can safely work, it has also highlighted the disproportionate precarity experienced by low-wage and contingent workers, people of color, and non-citizens. Well before the pandemic, rampant socioeconomic and racial inequality, high underemployment and concentration of wealth, and technological advances …