Digital Commons Network^™

All Aboard The Momnibus: Will Congress’ Proposed Legislative Package Help Drive Down Black Maternal Mortality Rates?, Skyler Arbuckle

SMU Science and Technology Law Review

No abstract provided.

The Ada Constrained: How Federal Courts Dilute The Reach Of The Ada In Prison Cases, Prianka Nair

Faculty Scholarship

No abstract provided.

Department Of Homeland Security V. Regents Of The University Of California: The Supreme Court’S Disinterest In Reliance Interests, Rachael E. Savage

Maryland Law Review Online

No abstract provided.

Personalization Of Smart-Devices: Between Users, Operators, And Prime-Operators, Tomer Kenneth

Faculty Scholarship

No abstract provided.

Public Health Originalism And The First Amendment, Claudia E. Haupt, Wendy E. Parmet

Washington and Lee Law Review

Current First Amendment doctrine has set public health regulation and protections for commercial speech on a collision course. This Article examines the permissibility of compelled public health and safety warnings after the Supreme Court’s decision in National Institute of Family & Life Advocates v. Becerra (NIFLA) through the lens of a concurrence to the Ninth Circuit’s en banc decision in American Beverage Ass’n v. City & County of San Francisco (American Beverage II) suggesting that only health and safety warnings dating back to 1791 are presumptively constitutional under the First Amendment.

Rejecting this form of “public health originalism,” this Article …

Medical Aid In Dying Legislation: Recommendations In The Interests Of Health Care Providers And Patients, Whitney Lazo

Student Works

No abstract provided.

The Dormant Right To Plant-Based Food, James P. "Bud" Sheppard

MC Law Review

No abstract provided.

Legal And Medical Issues Of Covid-19, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Making headlines
• Center co-director publishes on artificial intelligence and discrimination
• Center co-director releases new edition of law and genetics textbook
• Adjunct professor earns top health law award
• Faculty members’ paper published in New England Journal of Medicine, research featured at conference an in forthcoming book
• Impactful externship
• Growing demand leads to new master’s, certificate program in compliance
• Paradoxes of the pandemic: CWRU law faculty help shape conversations and drive change in an uncertain world
• Alumni profile: Inside Weinberger’s passion for trying to right a wrong
• A look back at our 2020-21 events
• Faculty briefs: Publications by our health law faculty …

Regulation And Redistribution With Lives In The Balance, Daniel J. Hemel

Public Law and Legal Theory Working Papers

A central question in law and economics is whether non-tax legal rules should be designed solely to maximize efficiency or whether they also should account for concerns about the distribution of income. This question takes on particular importance in the context of cost-benefit analysis. Federal agencies apply cost-benefit analysis when writing regulations that generate multibillion dollar impacts on the US economy and profound effects on millions of Americans’ lives. In the past, agency cost-benefit analyses typically have ignored the income-distributive consequences of those regulations. That may soon change: On his first day in office, President Biden instructed his Office of …

, The American Constitution In The Cycle Of Kali Yuga: Eastern Philosophy Greets Western Democracy, Shiv Narayan Persaud

Journal Publications

This paper will explore the above-mentioned questions while taking into consideration the intent and overarching tenets of the Constitution in relation to the precepts of Kali Yuga. The hope is to generate discourse on some of the trappings of the Constitution and constitutional democracy in an ever changing and increasingly diverse and segmented society-a nation with a multiplicity of cultures with distinctive beliefs and moral systems. Emphatically stated, the intent is not to examine every article or amendment of the Constitution; this would be presumptuous. The intent is to foster an examination of the Constitution as the overall architectural framework …

Coronavirus Aid, Relief, And Economic Security For Whom? Irs Overreaches In Denying Cares Act Economic Impact Payments To Migrant Workers And Incarcerated Individuals, Justin Schwegel

City University of New York Law Review

Individuals who received advance refunds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act met the eligibility criteria in their 2019 tax filings (or 2018 filings if they had not yet filed 2019 taxes). Advance refunds are treated as a refund of an overpayment of 2018 or 2019 taxes. Subsequent changes in tax filing status in 2020 do not retroactively make one ineligible for an advance refund. On May 6, the IRS issued guidance on its Economic Impact Payment Information Center website instructing incarcerated individuals and certain resident aliens that they should return the economic impact payments (also called …

The Challenges In Health Care For Pregnant Women In U.S. Correctional Institutions, Mahnoor Yunus

UC Law Journal of Race and Economic Justice

No abstract provided.

Economic Success In The United States, Jason Render Jr.

Williams Honors College, Honors Research Projects

In this research project, I examine the factors that impact the economic success of an individual within the United States. In particular, I investigate the impact of inherent privilege and the impact which socioeconomic upbringing has on the economic success of an individual within American society. This investigation into economic success and the impact of inherent privilege will examine both poor and affluent U.S. citizen populations to find common factors present within both groups. The research will then examine how these factors impact an individual’s overall economic success as a result of the barriers which are inherent based on an …

Almond Beverage, Oat Water, And Soaked Soybean Juice: How The Dairy Pride Act Attempts To Remedy Consumer Confusion About Plant-Based Milks, Michelle E. Hoffer

University of Richmond Law Review

With sales of plant-based milks, such as almond and soy milk, on the rise and dairy industry sales declining, dairy industry supporters are taking issue with plant-based milk products calling themselves “milk.”10 In an effort to combat the “mislabeling” of non-dairy products, a few Senators banded together in an attempt to save the dairy industry by creating the DAIRY PRIDE Act.11 The Act was introduced in an effort to prohibit plant-based milk producers from using the term “milk” on their products and instead use a less misleading name, such as “almond imitation milk” or “soy beverage.”12 This Comment argues that, …

"And They Took My Milk!", I. Bennett Capers

Faculty Scholarship

No abstract provided.

Recalibrating Directors’ Liabilities Amidst Technological Flux, Pey Woan Lee, Susanna Leong

Research Collection Yong Pung How School Of Law

In this chapter, we consider how to balance corporate innovation and personal liability in the specific context of directors’ exposure to personal liability for corporate copyright infringements. Directors may incur personal liability in the statutory context if they have ‘authorised’ the company’s infringement, or at common law if they acted as the company’s joint tortfeasor. Due to the conflicting policy goals of encouraging innovation whilst preserving personal accountability, we observe that this regime is unsatisfactory. Delving into the modern history of copyright law, we seek to demonstrate that directors of technological companies operate in an environment of high legal uncertainty …

Reimagining Schools’ Role Outside The Family Regulation System, Brianna Harvey, Joshua Gupta-Kagan, Christopher Church

Faculty Scholarship

The United States’ family regulation system often begins with well-intentioned professionals making child protection hotline calls, jeopardizing their own ability to work with families and subjecting the families to surveillance. By the system’s own standards, most of this surveillance leads to no meaningful action. Nowhere is this reality more present than in schools. Educational personnel serve as the leading driver of child maltreatment allegations, yet decades worth of data reveal educator reports of maltreatment are the least likely to be screened-in and the least likely to be substantiated or confirmed. In other words, education personnel — whether motivated by genuine …

Interpretive Entrepreneurs, Melissa (M.J.) Durkee

Scholarship@WashULaw

Private actors interpret legal norms, a phenomenon I call “interpretive entrepreneurship.” The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of “post hoc” international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …

A Biden Executive Branch And Its Supporters May Find The Federal Courts An Obstacle, Heather Elliott

Articles

No abstract provided.

Intellectual Property As A Determinant Of Health, Ana S. Rutschman

Vanderbilt Journal of Transnational Law

Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …

Mala Prohibita And Proportionality, Youngjae Lee

Faculty Scholarship

What is the proportionate punishment for conduct that is neither harmful nor wrongful? A likely response to that is that one ought not to be punished at all for such conduct. It is, however, common for the state to punish harmless conduct the wrongfulness of which is not always apparent. Take, for example, the requirement that those who give investment advice for compensation do so only after registering as an investment advisor. Advising a person on how to invest his or her funds and accepting a fee for the advice without registering with the government does not seem harmful or …

Property And Intellectual Property In Vaccine Markets, Ana Santos Rutschman

All Faculty Scholarship

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.¹ Vaccine markets offer perhaps one of the most extreme embodiments of Tolstoy's principle² in the field of biopharmaceutical innovation.

Heeding The Call Of Covid-19, David Wiebers, Valery Feigin

Animal Sentience

We are grateful to all of our commentators. They have provided a wide range of valuable perspectives and insights from many fields, revealing a broad interest in the subject matter. Nearly all the commentaries have helped to affirm, refine, expand, amplify, deepen, interpret, elaborate, or apply the messages in the target article. Some have offered critiques and suggestions that help us address certain issues in greater detail, including several points concerning industrialized farming and the wildlife trade. Overall, there is great awareness and strong consensus among commentators that any solution for preventing future pandemics and other related health crises must …

Identifying Meaningful Dietary Intake And Physical Activity Questions For Individual And Population Health, Jennifer Bennett Shinall, David G. Schlundt, Et Al.

Vanderbilt Law School Faculty Publications

We aimed to identify valid screening questions for adults regarding physical activity and dietary behaviours that (a) were correlated with BMI, (b) were deemed by patients and providers to be relevant to clinical care, and (c) have utility for longitudinal understanding of health behaviours in populations. The goal was to identify screening questions that could be implemented at annual health care visits. First, we identified dietary behaviour questions and solicited patient input. Next, we tested both physical activity and dietary behaviour questions in a large sample to test their potential utility. Finally, we used cognitive interviews with patients and physicians …

Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith

American Indian Law Review

No abstract provided.

Paradigm In Social Security Measures: Impetus For Policy Reform In Zimbabwe, Locary Kuponandishe Hlabanu

Walden Dissertations and Doctoral Studies

This study was intended to address lack of knowledge regarding how the social security system in Zimbabwe is perceived by recipients and government employees and what policy reforms could be sought. The study explored perceptions of participants regarding the existing social security system in Zimbabwe. The welfare state theory guided the detailed inquiry. A qualitative case study research design was used to extract feelings, thoughts, and intentions of recipients of social security and government employees and to explore how the results could be applied to improve social security policy in Zimbabwe. Data were collected from a nonrandom purposefully selected sample …

Distribution, Bars, And Arcade Stars: Joe Anthony’S Entrepreneurial Expansion In Houston’S Gay Media Industries, Finley Freibert

Faculty and Staff Scholarship

This article develops the concept of "gay useful media" to explore a case study of gay entrepreneurship in Houston, Texas, of the 1970s. A father and son developed a gay media empire in the city, which spanned bars, bookstores, distribution, and vending. One of the pair's key establishments was Houston's legendary gay bar Mary's at 1022 Westheimer (also known as Mary's Lounge, Mary's, Naturally, and Mary's…Naturally).

The Differing Standards To Obtain A Student Loan Debt Discharge, Nicholas Bonelli

Bankruptcy Research Library

(Excerpt)

Discharging student loans in a bankruptcy case is often an uphill battle. Under section 523 of title 11 of the United States Code (the “Bankruptcy Code”), student loans are presumed nondischargeable. Thus, a discharge is generally unavailable for student loans “[u]nless excepting such debt from discharge . . . would impose an undue hardship on the debtor and the debtor's dependents.” To obtain a discharge, a debtor bears the burden of showing “undue hardship” by a preponderance of the evidence. In determining “undue hardship,” a majority of courts use the Brunner Test. A minority of courts use the more …

Fintech: New Battle Lines In The Patent Wars?, Megan M. La Belle, Heidi Mandanis Schooner

Scholarly Articles

Historically, financial institutions have relied on trade secrets and first-mover advantages, rather than patents, to protect their inventions. For the few financial patents that were issued, conventional wisdom was that they weren’t terribly interesting or important. In our 2014 study on financial patents, we showed that banks were breaking from past patterns and increasingly seeking patent protection. We explained that financial institutions were primarily building their patent portfolios as a defensive measure—i.e., to protect themselves from infringement suits. Indeed, the finance industry successfully lobbied Congress to include provisions in the America Invents Act of 2011 that made it easier to …

May The Odds Be Ever In Your Favor: How The Tax Cuts And Jobs Act Fortified The Great Wealth Divide, Phyllis C. Taite

Faculty Articles

No abstract provided.