Digital Commons Network^™

Living The Good Life In The Anthropocene, Karrigan Bork, Karen Bradshaw, Rebecca Bratspies, Cinnamon Carlarne, Bruce Carpenter, Robin Kundis Craig, Sarah Fox, Josh Galperin, Francis Hicks, Keith Hirokawa, Kevin Lynch, Ruhan S. Nagra, Michele Okoh, Jessica Owley, Amber Polk, Melissa Powers, Shannon Roesler, J.B. Ruhl, Danielle Stokes, Anastasia Telesetsky

Articles

The Stockholm Resilience Centre has concluded that the number of "planetary boundaries" we are crossing has increased from three in 2009, when the Centre's researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between "safe" and "just" planetary boundaries raises questions regarding how to conceptualize the "good life." In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the "good" as well as the various elements necessary to …

Life, Liberty, And Freedom From Non-Consensual Pelvic Exams?, Michaela Cotton

William & Mary Bill of Rights Journal

[T]here is a need for the federal government to intervene and finally ban the practice of performing non-consensual pelvic exams, and it can do so under the Due Process Clause of the Fourteenth Amendment, which guarantees the right to refuse involuntary medical treatment. Part I will provide a brief overview of pelvic exams and informed consent; Part II draws on policy considerations for banning this practice and tackles counter-arguments; Part III will discuss the relevant federal law and case precedent; Part IV demonstrates how federal law applies to non-consensual pelvic exams; and, finally, Part V will further explain the need …

Approaching A U.S. Regulatory Framework For Sporeless Seaweed Biotechnology, Gabriela Martinez, Terra Bowling, Catherine M. Janasie, Charlie Doering-Powell, Amalia Aruda Almada

William & Mary Environmental Law and Policy Review

Seaweed farming is the fastest-growing aquaculture sector in the United States. The development of sterile, selectively bred (sporeless) seaweed aims to support the economic viability of future large offshore seaweed operations and minimize the environmental risks of these operations to wild seaweed beds. Farmers have implemented analogous breeding techniques to control and enhance most terrestrial crops and common aquaculture products (e.g., oysters and carp). This Article draws from existing federal and state aquaculture policies to explore four pillars critical to a future sporeless seaweed regulatory framework: ensuring maintained sterility, tracing the geographic origin of seed, securing offshore permits, and facilitating …

Screening For Responsible Investment In Agriculture And Food Systems: Guidance And Tools For Government Officials, Anna Bulman, Jesse Coleman, Ella Merrill, Esther Akwii, Madeleine Songy, Yannick Fiedler

Columbia Center on Sustainable Investment

Strong screening processes help to identify and avoid or mitigate risks associated with larger-scale investments in agriculture and food systems at the early stage of the investment assessment process before any commitment has been made, costs incurred, or harms suffered. This publication, Screening for Responsible Investment in Agriculture and Food Systems: Guidance and Tools for Government Officials, seeks to unpack the “what, why, and how” of screening.

Governments are the gatekeepers to investments. They can, in consultation with stakeholders, decide which investors are allowed to conduct business in their country and what types of investments are permitted. This gatekeeping role …

Country Roads, Take Me To Home Rule, Jesse J. Richardson Jr.

Law Faculty Scholarship

No abstract provided.

Law School News: Supporting Rhode Island's Aquaculture 9-23-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Scientific Programs In The Arab Media - Reality And Gap, Najm Abed Khalaf Aleessawi

Middle East Journal of Communication Studies

The article aimed to reveal the level of Arab media coverage of specialized scientific topics and to know the actual need for such programs, especially with the tremendous developments in various fields of life. The descriptive analytical approach was adopted, and a questionnaire tool was used, which was distributed to (205) Arab academics and researchers who were selected by a simple random sampling method. The study found that coverage of scientific programs in the Arab media at the local level is not at the required level. Social media platforms are the most widely used media means for accessing scientific programs …

Expanding Healthcare Access For The Undocumented Immigrant Community: The Heal For Immigrant Families Act Of 2023, Perla Torres Estrada

The Gettysburg Journal for Public Policy

When it comes to the topic of universal healthcare, most of us will readily agree that healthcare is a human right. Where this agreement usually ends, however, is on the question of who should be granted this right, and if it should be left to the free market to determine access and affordability. Specifically, the political debate on expanding healthcare access to undocumented immigrants in the United States revolve around concerns over costs, legality, and equity. Proponents maintain that it is a human right whereas opponents question the potential burden on taxpayers and the implication for immigration policy. The HEAL …

“Hey Girlie, Want To Sell Your Soul?” How The U.S. Can Counteract Predatory Cult Activities Through The Lens Of Fraudulent Business Schemes, Georgia Bronson

The Business, Entrepreneurship & Tax Law Review

This paper investigates the parallels between predatory New Religious Movements (NRMs) and fraudulent business schemes such as pyramid and Ponzi schemes. By examining their recruitment tactics, psychological manipulation, and exploitation of economic vulnerabilities, this paper reveals how these organizations target socially and economically unstable populations for financial gain. The study proposes two strategic interventions: first, using the Social Vulnerability Index to develop proactive government responses, including targeted public service announcements and law enforcement education; and second, creating an IRS database requiring detailed financial reporting from tax-exempt organizations. The goal is to address systemic vulnerabilities through data-driven policy, increased transparency, and …

Pregnancy As A Crime: A Preliminary Report On The First Year After Dobbs, Wendy A. Bach, Madalyn K. Wasilczuk

Scholarly Works

The report was released by Professor Bach’s partner organization Pregnancy Justice in late September. The report has been covered by over 400 press outlets including the Los Angeles Times, Mother Jones, Teen Vogue, the Daily Mail, and the British Medical Journal. The report is the first report coming out of a three-year national study of pregnancy criminalization being led by Professor Bach.

The Addiction Restriction: Addiction And The Right To Bear Arms, F. Lee Francis

West Virginia Law Review

This Article is the culmination of a yearlong research project, and it is the first to address addiction and drug use in the area of Second Amendment law. I argue that addicts may be disarmed, if they are dangerous. My dangerousness test centers on illicit use and imminent danger. That is, do the facts and circumstances prove that an individual is in fact a danger? To put it another way, disarmament is appropriate when there exists demonstrable evidence that a person poses a significant and imminent risk of causing public injury. This Article develops and expands upon some themes and …

A Local Option: How Medicare Patients In Rural States Could Obtain Coverage For Weight Loss Medications, Emily Blackburn

West Virginia Law Review

There are currently three options when it comes to managing obesity: (1) making nutritional and activity changes; (2) weight loss medications; and (3) weight loss surgery. The existing limited options for managing obesity are even more restricted for Medicare patients. Making lifestyle changes might not be effective for a variety of reasons, including persistent food cravings and experiences of weight stigma from healthcare providers. To qualify for weight loss surgery, Medicare patients must satisfy several criteria in addition to the already specific weight loss surgery requirements. Additionally, weight loss surgery might not be the most viable option for the Medicare …

The Power To Shape The “Political”, Amanda Shanor

The University of Chicago Business Law Review

The role of corporations in American life has become the focus of intense public and scholarly debate. How do corporations influence political outcomes? What norms or laws should structure corporate political participation? And who should decide what political interventions corporations make? These are vitally important questions that bear on how to deal with the pressing challenges of social media, money in politics, polarization, autocratic threats, and the influence of consolidated capital on governmental and democratic decision-making.

Most conversations about the role of corporations in politics, however, assume a definition of “political.” This key term is commonly taken for granted or …

Broken Trust - A $500,000 Lesson In How Banks As Trustees Fail Beneficiaries While Enriching Themselves And While Regulators Ignore The Abuse, Bruce Cahan

Journal of International Business and Law

U.S. households own or control USD $140 trillion (TN).1 Their financial assets under management (AUM) are being managed today through the complex circuitry of global financial markets. Real estate, art and other assets also are being managed. For estate and wealth management planning, for security of long-term asset appreciation and asset protection against bankruptcy, divorce, death, incapacity and exposure of assets to litigation risks, lawyers recommend establishing trusts and rely on the professional expertise, responsibility and ethical clarity of corporate trustees. In the U.S., private trusts typically are formed pursuant to the trust codes of the various states, often modeled …

Justifying Redistributive Regulations, Jack Lienke

University of Michigan Journal of Law Reform

Conventional cost-benefit analysis asks whether a regulation’s total benefits exceed its total costs but not whether those benefits and costs are distributed fairly across society. The traditional justification for this indifference to equity is that distributional concerns are most efficiently addressed through the tax-and-transfer system. Agencies issuing regulations, the story goes, should focus on growing the pie (i.e., increasing aggregate welfare). If the regulation that yields the largest pie also yields inequitably apportioned slices, Congress can correct the problem with taxes and transfers.

But Congress often asks agencies to fill in the details of its transfer programs with regulations, such …

Measures Of Justice: Researching And Evaluating Lay Legal Assistance Programs, Tanina Rostain, James Teufel

Georgetown Law Faculty Publications and Other Works

In recent years a national movement to train lay advocates and advisors to assist people with their common justice problems has emerged in the United States. A host of new programs have launched that allow trained navigators and justice workers to provide legal assistance. These programs – developed in Alaska, Delaware, South Carolina, Arizona, and Utah, among other places – vary in their substantive focus, the skills they impart, and their approaches to reaching the people and communities they seek to help. The proliferation of lay legal assistance programs creates research imperatives and opportunities. These programs need to be assessed …

Viscusi Circular A-4 Peer Review Comments, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This working paper provides commentary on my 2023 peer review panel comments on the 2023 Office of Management and Budget (OMB) Circular A-4. The Prologue section introduces my official peer review comments and indicates how the structure of my comments was tailored to the guidelines established by the OMB. The main section consists of my 2023 peer review comments as they were submitted to OMB. I recommended changes in the draft Circular A-4 to increase the discount rate from the 1.7% rate that OMB proposed, to report domestic benefits whenever global benefits are reported, to adopt a behavioral transfer test …

Deans Report Udm: The World Needs Titans -- Serving Our Community And Beyond, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

Detroit Mercy's Dental School is experiencing increased popularity despite a growing number of dental schools nationwide. The school emphasizes a learner-centered approach, focusing on student development and clinical experience. Key changes to the curriculum include increased integration of biomedical sciences and case-based learning. Detroit Mercy's commitment to excellence, community service, and humanistic care sets it apart from other dental schools.

Special Episode 2: Athletes Struggling With A Crisis Of Confidence, Sara Gras

Summer 2024 Special Episodes

This is the second of two special episodes about CrossFit’s cultural and organizational issues brought to light by the death of elite athlete Lazar Ðukic at the 2024 CrossFit Games. This episode features conversations with: Bob Boland (Faculty Profile) Assistant Professor of Law, Seton Hall Law Tim Carroll, Co-Owner of 908 Athletics and Endure Training Co. John Weeks, Owner and Head Coach of Tough Temple CrossFit John Wooley, CrossFit Affiliate owner, podcast host, YouTuber, memelord Additional Resources: Buttery Bros, Tragedy at the CrossFit Games, YouTube (Aug, 25, 2024). Michael Conklin, Two Classifications Enter, …

Special Episode 1: Loss Of Innocence, Sara Gras

Summer 2024 Special Episodes

On August 8, 2024, Lazar Ðukic lost his life in a Texas lake during the first event of the 2024 CrossFit Games. His death has rocked the competitive CrossFit community to its core. Although competition resumed, it wasn’t the same. Many top athletes were missing from the floor and those who continued were subdued, grieving. But for many, the sadness is mixed with anger, with frustration. Games veterans have come forward and publicly decried, not just the execution of the particular event where Lazar lost his life, but a culture of dismissiveness where the safety and well-being of the sport’s …

Toxic Discretion: Environmental Inequality And The Discretionary Function Exception, Sarah E. Barritt

Notre Dame Law Review Reflection

Environmental racism is far reaching and insidious, and each of these devastating instances and the institutional factors that led to them could and should be the subject of entire books in their own right. The EPA and other agencies of the United States government are complicit in multiple ways, not least of all through their abject failures to properly regulate private industry pollution in BIPOC communities. However, this Note has cabined its analysis to the government’s failure to warn these communities of environmental contamination, and what happens when it hides behind the discretionary function exception in ensuing litigation. To provide …

A Call To Action: The Need For Uniform Healthcare Standards For Incarcerated Pregnant Women In U.S. Jails & Prisons, Victoria K. Mastrofilippo

Health Law Outlook

No abstract provided.

Farm Animal To Animal Farm: The Legal Implications To Human-Pig Chimeras And Xenotransplantation, Nicholas A. Schwarz

Health Law Outlook

No abstract provided.

Patent Law’S Role In Protecting Public Health, Sean B. Seymore

Notre Dame Law Review

Innumerable inventions implicate public health—including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions—whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they’ve disrupted the delicate balance of two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases—by making public health an affirmative defense to …

Pineapple Express: The Legality Of Introducing Cannabis Tourism To Arkansas, Chloe Tyner

Human Nutrition and Hospitality Management Undergraduate Honors Theses

This research delves into the legal aspects of introducing cannabis tourism to Arkansas. The objective of this study was to create a framework for hospitality professionals in Arkansas to understand what areas of recreational cannabis law would impact their industry should Arkansas legalize recreational cannabis. Through a document analysis comparing Arkansas and Colorado’s liquor and cannabis laws, this study investigated how both states regulate alcohol and cannabis and the legal challenges Colorado has seen since its inception of recreational cannabis sales.

Challenges to this study included a limited existing body of knowledge for cannabis tourism and the contradicting federal and …

The Limits Of Immigrant Resilience, Huyen Pham, Natalie C. Cook, Ernesto Amaral, Raymond Robertson, Suojin Wang

Faculty Scholarship

Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007–2009) shows the benefits of that economic resilience: immigrant workers were more likely than native-born workers to remain continuously employed, to have shorter periods of unemployment when they lost their jobs, and to regain jobs more quickly in the recovery period. Of course, these adaptations had significant personal costs for immigrant workers and their families, but …

Why Mlp Legal Care Should Be Financed As Health Care, William M. Sage, Keegan D. Warren

Faculty Scholarship

Medical-legal partnership (MLP) integrates the unique expertise of lawyers into collaborative clinical environments. MLP teams meet the needs of individual patients while also detecting structural problems at the root of health inequities and advancing solutions at the institutional, community, and system levels. Yet MLPs today operate in limited settings and survive on scant budgets. Expanding their impact requires secure funding. Financing MLPs as health care can do the following: (1) help address inequity at the point of care; (2) enable expert diagnosis and treatment of nonmedical drivers of health; (3) enhance team-based practice in health care organizations; (4) offer another …

N Y State Dent J August-September 2024

The New York State Dental Journal

In the August-September 2024 issue, the reader will find the following feature articles:

• Success of Implant Placement in Patients with Human Immunodeficiency Virus
• Effects of Mandatory COVID-19 Testing Policy on No-Show Rates for Aerosol-Generating Procedures
• Heterotopic Bone Formation after TMJ Surgery
• Rural Oral Health Access Disparities in New York State

This issue includes regular columns with regional news impacting the New York membership including editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Riungan: Representation Of Muslim Betawi Pinggir Through The Practice Of Eating Together (A Case Study Of Kampung Pondok Pucung, Pondok Aren, South Tangerang), Gregorio Surya Abdi Julianto, Yudi Bachrioktora

International Review of Humanities Studies

Riungan is an eating-together event involving the kampung community as a form of religious worship and gratefulness/gratitude to God. Through an ethnography approach, with in-depth interviews and a literature review as a method, this research explores the relationship between the practice of eating together and cultural identity in riungan as held by the Muslim Betawi of Kampung Pondok Pucung. The result of this research shows that riungan has become a space to representation of the cultural identity of the Betawi Pinggir (peripheral Betawi), particularly emphasizing their cultural and Islam heritage. Through the types of food brought and the communal eating …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …