Digital Commons Network^™

A Remedy For A Distressing Situation: Discrimination Against Children With Disabilities In Public Education, Joshua P. Sarsfield

San Diego Law Review

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …

Effects Of Fasd On An Individual’S Life Trajectory, Peyton M. Enders

Master of Arts in Human Services

The consumption of alcohol has been in society for thousands of years. However, the discovery of the impacts of alcohol consumption while pregnant is something that is continuously being learned about. Controversy on the effects of alcohol while pregnant and the level of consumption throughout the last century alone has caused individuals to misunderstand the level of danger that it has on a child. Fetal Alcohol Spectrum Disorder is a multi-layer disorder that causes not only physical deformities but also a change in mental health and cognitive levels of an individual. Throughout any stage of pregnancy a consumption of alcohol …

To Protect And Survive: Acknowledging Adverse Childhood Experiences In Law Enforcement, Melanie Appleman

Master of Arts in Human Services

This literature review explores the influence Adverse Childhood Experiences (ACEs) can have on choosing a helping profession as well as their effect on law enforcement personnel and their ability to cope with occupational trauma. Law enforcement officers are routinely exposed to high-stress, high-risk environments which can exacerbate underlying trauma stemming from early life experiences. Officers with a history of ACEs may be more vulnerable to emotional dysregulation, hyper-vigilance, burnout, and substance abuse which can influence their decision making, relationships, and professional conduct potentially resulting in negative outcomes. Key themes include the identification of risk factors, the development of screening tools, …

Unmasking A New Dialect Of Deception: Leveraging The Federal Trade Commission To Combat Deceptive And Exploitative Corporate Policies, Hani Baltagi

Cleveland State Law Review

Corporate social responsibility initiatives have transformed fair labor policies into powerful marketing tools, but the gap between the public promise to embrace ethical labor practices and actual corporate compliance with such practices has widened. This has the effect of not only impeding the average consumer’s purchasing decision, but perpetuating—if not catalyzing—labor exploitation across the world. The existence of this paradigm thus necessitates additional, heightened intervention by none other than Federal Trade Commission (FTC).

The FTC’s three-pronged test for deception—previously created to combat other forms of deceptive practices—provides an accountability framework for deceptive marketing claims that utilize unfollowed, self-adopted corporate fair …

When Culture Becomes Law: Mayan Heritage And The New Constitutional Recognition Of Collective Rights In Mexico, José Israel Herrera, Victor Manuel Colli Ek

Journal of Maya Heritage

Abstract. The constitutional reform of September 30, 2024 to article 2 marks a substantive change in the recognition of indigenous peoples as subjects of public law, with their own patrimony, valid normative systems and express right to conserve, protect and develop their cultural, material and immaterial heritage. This article analyzes the legal implications of this reform in the context of the Maya people, especially with regard to collective intellectual property, the right to prior consultation and the constitutional recognition of bioculturality. A critical reading of the new normative framework is proposed, with emphasis on its transformative potential for the territorial …

A Cancer Education Needs Assessment: Informing Middle-Aged Female Patients About The Relationships Between Obesity And Women’S Health Concerns In The Reproductive System, Breast, And Endometrial Health, Batul Mirza

MUSC Theses and Dissertations

Obesity significantly impacts women’s health, particularly among middle-aged women, by increasing the risk of hormone-sensitive cancers such as breast, endometrial, and reproductive system cancers. This study examines the educational needs of this demographic group regarding obesity-related cancer risks and explores effective intervention strategies. Obesity-induced mechanisms – hormonal imbalances, chronic inflammation, and insulin resistance – drive cancer susceptibility, emphasizing the need for targeted health education. The study employs a qualitative design, which includes interviews with subject matter experts (SMEs) and surveys of middle-aged women. The goal is to assess awareness, perceived barriers, and preferred learning methods. Findings suggest that with many …

Exploring Due Process Rights And Litigation Strategies For Homeless Youth Under Federal Law, John A. Salois, Liz Harding Chao

Maine Law Review

Over fifty years after the Runaway and Homeless Youth Act, this Article explores the due process rights youth have in shelter and other transitional housing covered under the Act. Further, this Article explores whether youth have a property interest under the Act’s recent reauthorization under the Reconnecting Homeless Youth Act of 2008. This Article also discusses the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act and the due process rights youth have in shelter and other housing options covered under the HEARTH Act’s extensive funding of homeless programs. Additionally, this Article explores litigation strategies that youth and advocates …

Self-Determination In The Implementation Of Treaty Reserved Rights, Kekek Jason Stark

Faculty Law Review Articles

After fifty years of implementing tribal treaty reserved rights, this article will examine how tribal courts are determining cases involving treaty reserved rights and resources and to the extent tribal courts are recognizing and utilizing tribal customary law. This analysis will include a summary of tribal treaty harvest management systems and the how in the recognition of treaty reserved rights, federal courts have often limited tribes in their ability to fully implement and utilize tribal customary law. In response, I argue that as tribes enter the next fifty years of treaty rights implementation that the presumption of primary management should …

Struggling Access To Justice Through Mediation In Bangladesh: Headway Lessons From Australia, Jamila A. Chowdhury, Mehnaz Siddiqui

The Indonesian Journal of Socio-Legal Studies

Enormous case backlog and protracted delays in courts are hindering access to justice in Bangladesh. Consequently, an initiative to provide quick and low-cost consensual justice through mediation was first initiated in the family courts of Bangladesh in the year 2000. However, although after an initial success, the system has been struggling over the decades. While contemporary research has identified various constraints causing such meager disposal of cases in family courts, using expert interviews of family court judges and relevant literature review on Australian family courts, this Chapter reiterates such constraints to generate relevant headway lessons from Australia that has excelled …

Kebijakan Cukai Konsumsi Minuman Berpemanis Dalam Kemasan (Mbdk) Dalam Mengendalikan Masalah Kesehatan: Tinjauan Literatur Sistematis Dan Meta Analisis, Risky Kusuma Hartono, Fitria Aryani Susanti

Jurnal Ekonomi Kesehatan Indonesia

Globally, the consumption of sugar-sweetened beverages (SSBs) has increased by nearly 16%. The imposition of taxes on sugary drinks is considered one of the strategic measures to control diseases associated with their consumption. This study aims to conduct a meta-analysis of the correlation between SSB taxation and health issues. The systematic review and meta-analysis were carried out following the Preferred Reporting Items for Systematic Reviews and MetaAnalyses (PRISMA) guidelines. Literature from various countries published since January 1, 2014, was collected using databases such as Google Scholar, PubMed, and Science Direct. The meta-analysis process was performed using a funnel plot. A …

Transforming Care: An Academic And Community Symposium On Transgender Care And Experience, Alison Sutton-Ryan, Kimberly Van Vulpen

Transforming Communities

Background: Transgender experience is often excluded from education and training. An emphasis has been often placed on sexual identities instead of gender differences rendering transgender care invisible in the healthcare system (Gahagan & Colpitts 2017). Lack of education and training has created significant barriers to accessible gender-affirming care, contributing to disproportionately high levels of discrimination for transgender individuals seeking medical services (Redcay et al., 2021). Purpose: The Interprofessional Education Symposium on Transgender Care and Experience was an innovative initiative developed by the newly formed Transgender Interprofessional Care Team (TICT) at a medium-sized suburban university. This collaborative team, comprising key …

Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale

Publications and Research

Rooted in a rural community’s needs, this paper explores how historically, and ethically informed infrastructures can support community engagement towards identification, documentation, and dissemination of local, traditional, and indigenous knowledge relating to climate change. The paper examines climate adaptation and sustainability issues through the lenses of community organizing and Library & Information Science best practices. It draws on a growing body of literature identifying a role for expanded epistemological and subject discipline perspectives. While the impacts of climate on material culture are increasingly recognized, intangible, and biocultural heritage have not received as much attention. Living heritage traditions and knowledge systems …

Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom

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

Thousands of local governments in the Mississippi River watershed possess regulatory land use authority. From a narrow law and economics standpoint, when these entities extract from, add to, or pollute the watershed, it may appear as a classic tragedy of the commons problem. The tragedy sounds something like this: local governments act “rationally” to avoid regulating in a way that reduces pollution in the waterway because such regulation would increase costs. Further, local governments avoid paying the costs associated with treating or reducing the level of contaminants in the water before ushering them downstream. While this analysis might partially explain …

Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler

Alaska Law Review

This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In 2018, the Denali Commission completed the Final Environmental Impact Statement for Alaska’s first community-driven village relocation of the millennium, facilitating construction of essential infrastructure at Mertarvik, the relocation site for the village of Newtok. However, the Denali Commission chose to exclude a full-scale decommissioning plan for Newtok’s existing infrastructure. Today, more than seventy-three Alaska …

Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner

Villanova Law Review (1956 - )

No abstract provided.

Bargaining And Ballplayers: The Practical Implications Of Minor League Baseball's Cba And What It Means For The Ncaa, Bobby Bramhall

Florida Entertainment and Sports Law Review

A commentary on the work place struggles of MiLB and how Collective Bargaining Agreement changed that. With this change how will it affect another athletic league, like the NCAA.

Prisoners, Patients, And Privatization: Accountability For Corrections Contractors Under The New Mexico Civil Rights Act, Mayalyn Durham

New Mexico Law Review

New Mexico dedicates significant resources to incarceration—particularly with respect to prison medical care. Although New Mexico has mostly transitioned away from privately operated prisons, the New Mexico Corrections Department (NMCD) continues to contract with various corporations to provide health services in state-owned prisons. Not surprisingly, the private contractors’ cost-saving measures often result in the provision of grossly inadequate healthcare that constitutes cruel and unusual punishment under the Eighth Amendment. Prisoner litigation under 42 U.S.C. § 1983, however, is fraught with substantive and procedural barriers to recovery. The New Mexico Civil Rights Act (NMCRA or “the Act”) provides an avenue of …

Sustainability And Human Dignity Rights, James R. May

UMKC Law Review

No abstract provided.

Why Medicaid Is Addressing Homelessness With Section 1115 Waivers: A Critical Examination Of The United States' Federalist Mental Health System, Joshua Haas

Washington Law Review

Housing and health care are deeply interconnected, and their systemic relationship profoundly affects individual and societal well-being. Inadequate funding has undermined the American mental health system for decades, leading to gaps in care that have caused lasting harm to vulnerable individuals and society as a whole. This Comment examines the historical connections between homelessness and the American mental health system. It explores the benefits and criticisms of the United States’ federalist approach to health care, particularly focusing on Medicaid and its “section 1115 waivers,” which grant states flexibility to develop innovative, state-specific Medicaid programs. Recently, states began to utilize section …

Employment And Insurance Law—Pro-Life Tail Coverage: Why Arkansas’ Private Paid Family Leave Insurance Fails To Deliver, Annesly Young Pruitt

University of Arkansas at Little Rock Law Review

No abstract provided.

Moving Slow And Fixing Things, Scott Shackelford, Janine Hiller, Christos Makridis, Iain Nash, Kathryn Kisska-Schulze, Hannibal Travis

Indiana Law Journal

Silicon Valley, and the U.S. tech sector more broadly, have changed the world in part by embracing a “move fast and break things” mentality popularized by Mark Zuckerberg. While it is true that the tech sector has attempted to break with such a reactive and flippant response to security concerns, including at Microsoft itself through its Security Development Lifecycle, cyberattacks continue at an alarming rate. As a result, there are growing calls from regulators around the world to change the risk equation. An example is the 2023 U.S. National Cybersecurity Strategy, which argues that “[w]e must hold the stewards of …

Symposium Introduction: Illuminating Public Health Struggles Behind Bars, Justin Iverson, Javiera Sothers

Nevada Law Journal

No abstract provided.

Interplanetary Risk Regulation, Jonathan B. Wiener, Charles (Chase) Hamilton

Chicago Journal of International Law

Space exploration promises new opportunities but also new risks. After centuries of national settlements and international conflicts on Earth, and the Cold War era of two great power states racing to the Moon, today we see a rapidly proliferating arena of actors, both governmental and non-governmental, undertaking bold new ventures off-Earth while posing an array of new risks. These multiple activities, actors, and risks raise the prospects of regulatory gaps, costs, conflicts, and complexities that warrant reconsideration and renovation of legacy legal regimes such as the international space law agreements. New approaches are needed, beyond current national and international law, …

Redesigning Post-Incarceration Employment Tax Credits: Making Work Opportunity Credits Work For Former Felons, Stephanie Hunter Mcmahon

University of Michigan Journal of Law Reform

Former felons have a significantly higher unemployment rate than other groups of American workers. This unemployment increases recidivism as well as broader societal problems. Consequently, Congress enacted the Work Opportunity Tax Credit to encourage employers to hire former felons (and other groups of targeted workers) by offsetting their wages. For the credit to increase employment, employers must know whether potential workers would likely qualify for the credit before hiring decisions are made. However, the growing Ban the Box Movement seeks to defer or eliminate conviction history questions in hiring. After examining the credit’s stated purpose, its operating mechanism, and some …

Assessing Illegal Take Of Sea Turtle In Bocas Del Toro, Panamanian Caribbean, Daniela Carolina Rojas-Cañizales

Theses and Dissertations

In Bocas del Toro, Panama, sea turtles were exploited for generations to supply local, national, and international markets. Today, sea turtle species are globally protected by different laws, and Panama is no exception. However, the use of sea turtles in Bocas del Toro and local perceptions regarding the consumption of these reptiles are unknown. Accordingly, during May of 2024, I conducted twenty-five semi-structured interviews with key informants selected by targeted and snowball sampling. Sea turtle consumption persists, and there is a clandestine network to sell turtle meat and derived products in Bocas del Toro. This study provides the first assessment …

An Examination Of Public Benefit Enrollment Data In Minnesota Immigrant Households As Evidence Of Public Charge Chilling Effect, Ana Pottratz Acosta

Minnesota Journal of Law & Inequality

No abstract provided.

Besieging International Law? The Gaza Conflict And The Future Of Siege Warfare, Avraham Russell Shalev

San Diego International Law Journal

The legal boundaries of siege warfare are under renewed scrutiny following Israel’s siege of Gaza after the October 7, 2023 Hamas attacks. This analysis explores the intersection of military necessity and humanitarian obligations, assessing whether Israel’s tactics conform to established international law or signal a shift toward stricter legal interpretations. Key legal frameworks—including the Geneva Conventions, Hague Regulations, and customary international law—are examined alongside debates on civilian protection, humanitarian aid access, and the prohibition of starvation as a method of warfare. A comparative evaluation of sieges in Gaza and Syria reveals inconsistencies in how international humanitarian law is applied, raising …

Breaking The Vial: Leveraging North American Regulatory Models And Market Practices To Reform Insulin Pricing In The United States, Chloe Mietzel

San Diego International Law Journal

The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure …

Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier

The Journal of Contemporary Legal Issues

In Burning Down the House, Andrew Koppelman has two goals: one philosophical and one sociological. The philosophical goal is to separate the wheat from the chaff in libertarian thought. Koppelman embraces the merits of F. A. Hayek’s arguments for markets. But he stridently rejects the radical libertarianism of Murray Rothbard, Robert Nozick, and Ayn Rand. The radicals are out, and the moderates are in. Hayek must increase, and Rothbard must decrease.

The sociological thesis is that radical libertarian ideology significantly influences the modern GOP and American conservatism. Koppelman sees the pathologies of the contemporary right as drawing from the …