Digital Commons Network^™

Sex, Trump, And Constitutional Change, Elizabeth Schneider, Helen Hershkoff

Faculty Scholarship

No abstract provided.

Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler

St. Thomas Law Review

This Comment seeks to evaluate the current legal landscape surrounding animal cruelty laws, with a specific focus on Desmond's Law and O.R.C. § 2931.18. Connecticut's new law has placed a spotlight on an area of the law which has not been given the priority it so desperately needs. Animal cruelty is a type of interpersonal violence that does not occur in isolation, and placing more importance on animal cruelty laws can help prevent violence against humans. First, this Comment will provide a history of animal rights laws around the globe, followed by a detailed discussion of why animal abuse issues …

America: Land Of The Shackled, Lauren Martin

Belmont Health Law Journal

This Note will demonstrate the detrimental effects of shackling a pregnant woman and will examine some of the efforts currently being made to prohibit the practice, as well as provide some suggestions for prohibitory legislation. Part II of this Note will discuss the background of this pervasive issue, both how it has been viewed by the courts and the ways in which it has been dealt with by state legislatures that have enacted anti-shackling laws. Part III of this Note will analyze the positions of those who support a ban on the use of restraints on pregnant inmates and detainees. …

Prosecuting Corruption After Mcdonnell V. United States, Terence A. Parker

Notre Dame Law Review

This Note proceeds in five Parts. Part I provides a background discussion of the facts and holding in McDonnell. Part II goes on to analyze McDonnell through the lens of three recent federal public corruption cases, discussing how the decision has been applied to both specific act and stream of benefits prosecutions. Part III argues that the narrower official acts definition announced by the McDonnell Court will not result in a sea change to corruption prosecutions. Part IV argues for the resilience of the stream of benefits theory of public corruption in the aftermath of McDonnell. Finally, Part …

How States And Localities Are In A Better Position Than The Fda To Address Youth Use Of E-Cigarettes, Kevin Kanavy

Loyola Consumer Law Review

No abstract provided.

Tuesday Morning Detective Work, Mary Whisner

Librarians' Articles

The author describes her process for tracking down information requested by a law student.

Defusing A Ticking Time Bomb: The Complicated Considerations Underlying Compulsory Human Genetic Editing, Grant Hayes Frazier

UC Law Science and Technology Journal

Gene editing is a type of genetic engineering that enables scientists to change an organism’s DNA by adding, removing, or altering genetic material at particular locations in the human genome. While these editing technologies are in their infancy, they hold great promise for future applications. They also raise many moral, ethical, and legal questions.

Fast forward 10 years. In utero gene editing is effective, safe, and inexpensive (or covered by insurance). A couple with strong religious views against gene editing decides to procreate despite knowing, via family history, they are both homozygous dominant for the allele that causes Huntington’s disease …

The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Thirty-five states impose a sales tax on menstrual hygiene products, while products like spermicidal condoms and erectile dysfunction medications are tax-free. This sales tax--commonly called the “tampon tax”--represents an expense that girls and women must bear on top of the cost of biologically necessary items that they need in order to attend school, work, and otherwise participate in public life. This article explores the constitutionality of the tampon tax and argues that it is an impermissible form of gender discrimination under the Equal Protection Clause. First, menstrual hygiene products are a unique proxy for female sex, and therefore any disadvantageous …

Publicly Charged: A Critical Examination Of Immigration Public Benefit Restrictions, Cori Alonso-Yoder

Scholarly Articles in Law Reviews & Journals

Since the early days of the Trump Administration, reports of the President’s controversial and dramatic immigration policies have dominated the news. Yet, despite the intensity of this coverage, an immigration policy with far broader implications for millions of immigrants and their U.S.citizen family members has dodged the same media glare. By expanding the definition of who constitutes a “public charge” under immigration law, the Administration has begun a process to restrict legal immigration and chill the use of welfare benefits around the country. The doctrine of public charge exclusion developed from colonial times and has reemerged in Trump Administration policies …

Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The family law lens reveals a worrisome shift in intentionality that has moved the state from a bystander to family-based immigration trauma to an incendiary agent perpetrating family trauma.

Modern immigration laws and policies are deploying legal and political strategies that intentionally sever …

States Diverting Funds From The Poor, Daniel L. Hatcher

All Faculty Scholarship

While the United States continues to recover from the 2008 Great Recession, the country still faces unprecedented inequality as increasing numbers of poor families struggle to get by with little assistance from the government. Holes in the Safety Net: Federalism and Poverty offers a grounded look at how states and the federal government provide assistance to poor people. With chapters covering everything from welfare reform to recent efforts by states to impose work requirements on Medicaid recipients, the book avoids unnecessary jargon and instead focuses on how programs operate in practice. This timely work should be read by anyone who …

Prep School: A Proposal For Teaching About Pre-Exposure Prophylaxis In New Jersey Public Schools, Jacqueline Higueruela

Student Works

No abstract provided.

Fisheries Management In American Samoa And The Expanding Application Of Parens Patriae Standing To Challenge Federal Administrative Action, Kamaile A.N. Turčan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Technology Transfer And The Trips Agreement Are Developed Countries Meeting Their End Of The Bargain?, David M. Fox

UC Law Science and Technology Journal

International trade agreements often integrate provisions requiring the transfer of technology from developed to least-developed countries under the assumption that technological development in the world’s poorest countries will help solve pressing global concerns. At first, supplying tangible hardware and equipment to least-developed countries satisfied these trade obligations. Today, however, modern development theory calls for a broader understanding of “technology” to include knowledge, skills, and human resource development. Article 66.2 of the TRIPS Agreement instructs developed country Members to incentivize domestic enterprises and institutions “for the purpose of promoting and encouraging technology transfer to least-developed country Members.” Least-developed countries protest that …

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Melissa Love Koenig, Julie A. Oseid, Amy Vorenberg

Marquette Law Review

Will Artificial Intelligence (AI) replace human lawyering? The answer is

no. Despite worries that AI is getting so sophisticated that it could take over

the profession, there is little cause for concern. Indeed, the surge of AI in the

legal field has crystalized the real essence of effective lawyering. The lawyer’s

craft goes beyond what AI can do because we listen with empathy to clients’

stories, strategize to find the story that might not be obvious, thoughtfully use

our imagination and judgment to decide which story will appeal to an audience,

and creatively tell those winning stories.

This Article reviews …

Animal Welfare Act: Excluded Animals, Michael Mcfadden, Sue Leary, Kathy Hessler

Animal Law Review

Michael McFadden discusses the Animal Welfare Act’s exclusion of farmed animals and possible reasons for their exclusion. He then briefly discusses welfare problems faced by farmed animals. He ends by describing the various ways in which consumers are showing increasing concern for farmed animals and how consumers, especially millennial consumers, are poised to force the agricultural industry to improve conditions for farmed animals. Sue Leary recounts the history of efforts to include rats, mice, and birds, in the AWA. Next, she explains the historical and contemporary issues with including common laboratory research animals under animal protection laws. She ends her …

Rethinking Consumer Protection: Escaping Death By Regulation, Thomas L. Tacker

Publications

This book is designed to appeal to anyone who is at all interested in topics related to making life better and safer—for all us consumers. Our current approach to consumer protection is extremely flawed; sometimes costing lives rather than saving them. There are better ways to protect ourselves and the people we love.

Personalizing Precommitment, Lee Anne Fennell

Articles

No abstract provided.

Sex, Trump, And Constitutional Change, Helen Hershkoff, Elizabeth M. Schneider

Constitutional Commentary, Vols 1–36 (1984–2022)

Symposium: Constitutional Law in the Trump Era

Justifying Delay: Why Agencies Delay Compliance Dates And How They Do It, Nicholas Bednar

Articles

Every administration since President Reagan has used compliance delays to postpone the implementation of midnight rules promulgated by the outgoing administration. Recent cases involving the Trump Administration’s delay of Obama Administration rules have reinvigorated courts’ interests in whether such delays require notice and an opportunity for comment under the Administrative Procedure Act (“APA”). Some scholars have written about why incoming administrations use compliance delays to prevent implementation of the previous administration’s “midnight rules.” These delays are often cast as a precursor to repeal, engendering fears that the now-postponed final rule will be reversed. Yet a more overarching discussion of compliance …

At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt

Belmont Law Review

American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN tells a story of poverty and relatively low life expectancy, proportionately high incidences of disease, high rates of incarceration, and prolific alcohol and substance abuse. AI/ANs are incarcerated at a higher rate proportionately than their white counterparts. They experience harsher sentences, due in part to jurisdictional …

Is Meat The New Tobacco? Regulating Food Demand In The Age Of Climate Change, Lingxi Chenyang

Utah Law Faculty Scholarship

Switching from a meat-heavy to a plant-based diet is one of the highest-impact lifestyle changes for climate mitigation and adaptation. However, conventional demand-side energy policy has focused on increasing consumption of efficient machines and fuels. Regulating food demand has key advantages. First, food consumption is biologically constrained, thus switching to more efficient foods avoids unintended consequences of switching to more efficient machines, like higher overall energy consumption. Second, food consumption, like smoking, is primed for normshifting because it occurs in socially conspicuous environments. Indeed, while place-based bans and information regulation were essential in lowering the prevalence of smoking, the same …

Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather

Faculty Articles

As a young professor at St. Mary's University School of Law in the 1980s, I had the opportunity to teach in our summer program in Innsbruck, Austria. At the time, faculty members were required to teach an international or comparative law course, and I developed a mini-course in population law and policy. Over the last thirty years, I have had the opportunity to rethink and redevelop the course and to teach it during fifteen summers in the beautiful Austrian Alps. Our summer program became known as the St. Mary's Institute on World Legal Problems, and my course developed into a …

Five More Years For The Animals, David S. Favre

Animal Law Review

For Animal Law’s twenty-fifth anniversary edition, David S. Favre is back with an update on the state of animal law in the United States. This piece covers the new, the changeless, the good, and the bad of the animal legal landscape in the past five years, since Animal Law last asked Favre to write a review of animal law. An overview of new case law is discussed, as is a summary of newly passed state laws, mostly related to companion animals. Additionally, developments in the ever-expanding field of animal legal education are examined. This Article discusses changes in a variety …

2018 Federal Legislative Review, Anna Fugate

Animal Law Review

2018 was a slow year for federal animal law legislation. Congress only signed the Endangered Salmon Predation Prevention Act into law, and that law permits the killing of sea lions to protect endangered salmon and steelhead populations. While Congress considered other animal legislation, none of this proposed legislation made it out of Congressional Committees and Subcommittees.

Scandal In The Us And Australian Wine Industry! Trademarks And Gis As A Consumer Magnet?, 118 J. Marshall Rev. Intell. Prop. L. 421 (2019), Sarah Hinchliffe

UIC Review of Intellectual Property Law

In a dense global market, wine is heavily reliant on catering to the needs of consumers. Consumers, as part of the decision-making process, rely on information – comprising information type, and the way that it is portrayed. This article identifies branding opportunities for New World wineries – particularly in the United States and Australia – to capitalize on without compromising innovation in branding nor breaching IP law. It highlights that wineries in the New World have a plethora of opportunity to create a spunk and pizazz effect in their branding. At the same time, it cautions what wineries should avoid …

The Forking Phenomenon And The Future Of Cryptocurrency In The Law, 19 Uic Rev. Intell. Prop. L. 1 (2019), Chelsea Button

UIC Review of Intellectual Property Law

In the evolving and ever-changing world of cryptocurrency, new and exciting phenomena arise, including hard forks. Hard forks occur when two groups supporting a cryptocurrency disagree on how the code should evolve. If the changes are incompatible, the code diverges into two chains, essentially doubling the amount of each holder’s coin. Forking a coin is theoretically easy. However, maintaining a fork requires great effort and support by members of the community. This Article discusses the November 15, 2018 Bitcoin Cash hard fork and subsequent lawsuit, analyzing anti-trust, negligence, and conversion claims. Forcing de facto fiduciary duties on developers and miners …

Reflections On Representing Incarcerated People With Disabilities: Ableism In Prison Reform Litigation, Jamelia Morgan

Faculty Articles and Papers

Over the last five decades, advocates have fought for and secured constitutional prohibitions challenging solitary confinement, including ending the placement and prolonged isolation of individuals with psychiatric disabilities in solitary confinement. Yet, despite the valiant efforts of this courageous movement to protect the rights of incarcerated people with disabilities through litigation, the legal regime protecting these rights reflects a troubling paradigm: ableism.

Ableism is a complex system of cultural, political, economic, and social practices that facilitate, construct, or reinforce the subordination of people with disabilities in a given society. In this Essay I argue that current Eighth Amendment jurisprudence in …

Closing The Blast Doors: Constructing Comprehensive Space Safety Standards In A Galaxy Not So Far Away, Emma C. Nunn

North Carolina Journal of International Law

No abstract provided.

Immigration, Adoption And Our National Identity, Shani M. King

UF Law Faculty Publications

In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political, …