Digital Commons Network^™

Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings, Abigail Stone

BYU Law Review

No abstract provided.

Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee

Student Theses 2015-Present

Since the late 1800s, America’s electrical grid systems have relied primarily upon fossil fuels for sources of electricity. Due to the outdated structural foundations and glaring holes in distribution networks, the existing electrical grids struggle with electricity escaping, and modern issues such as cybersecurity, resilience, and weather-related events associated with climate change. This essay discusses ongoing problems with current electric grid systems and aims at explaining the importance of incorporating renewables as a solution for these problems into a new grid system. In the first chapter, a detailed explanation is provided regarding the current issues present in America's grid systems. …

A Case Study Of California's Maternal Health Landscape And Recommendations For Mississippi, Kinley Miller

Honors Theses

This paper is a case study of California’s maternal health landscape, reflecting its exceptional approach to the maternal health crisis. I review several policies: the creation of the Maternal Quality Care Collaborative, the Maternal Data Center, and the Maternal Mortality Review Committee, maternal health toolkits, Medicaid expansion, extended postpartum Medicaid coverage, paid family leave, C-Section Honor Roll, and maternal mental health measures. The case study suggests that all of these policies in conjunction with one another correlates with a decrease maternal mortality. California’s proactive approach and ability to mobilize public and private entities are key attributors to its success in …

Asking For It: Gendered Dimensions Of Surveillance Capitalism, Jessica Rizzo

Emancipations: A Journal of Critical Social Analysis

Advertising and privacy were once seen as mutually antagonistic. In the 1950s and 1960s, Americans went to court to fight for their right to be free from the invasion of privacy presented by unwanted advertising, but a strange realignment took place in the 1970s. Radical feminists were among those who were extremely concerned about the collection and computerization of personal data—they worried about private enterprise getting a hold of that data and using it to target women—but liberal feminists went in a different direction, making friends with advertising because they saw it as strategically valuable.

Liberal feminists argued that in …

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental, & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …

The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic, Nicholas Schroeck, Carrie Leach

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic hit communities of color hard. The City of Detroit was particularly vulnerable to COVID-19 due to racial, socioeconomic, and environmental health factors. To analyze the exacerbating role of technology and connectivity challenges on older Detroiters' health in a pandemic, we first examined Detroit’s demographics. This analysis involved looking at the continued evolution of the City's population toward older adults, as well as the impact of COVID-19 and the healthcare services on Detroit’s elder population. Next, we examined Detroit’s internet access challenges, including the presence of digital exclusion among older adults in Detroit, the impact of COVID-19 on …

Assemblies Of Parties To Multilateral Treaties And Their Normative Authority, Ilias Bantekas

Georgia Journal of International & Comparative Law

Assemblies of states parties to multilateral treaties are of a twofold nature: those that are active, entrepreneurial, and rally both the political and financial dimensions as well as the stakeholders of their underlying constitutive instrument and those that are content to merely serve as meeting mechanisms. Several assemblies have undertaken extensive funding campaigns, without which their mandate could not have been achieved. In turn, these progressive assemblies have made significant inroads in respect to transnational contracting and forging their limited international personality in such a way as to become credible entities in international relations. This model should be replicated in …

Splitting Deceased Donor Livers To Double The Transplant Benefits: Addressing The Legal, Ethical, And Practical Challenges, Evelyn M. Tenenbaum, Jed Adam Gross

Health Matrix: The Journal of Law-Medicine

Liver transplantation is different from transplanting other solid organs because some recipients can achieve good long-term outcomes with only half of a donor’s liver (or less). This means that some deceased donor livers can be split, saving two lives instead of one. However, although more than 10 percent of cadaveric livers meet the criteria for splitting, only about 1.5 percent are actually split in the United States. This article identifies a set of ethical, legal, and logistical challenges to a more extensive use of split liver transplantation (SLT) within existing legal frameworks. We then discuss how each of these challenges …

The Three C’S – The Colon, Colonoscopies, And Cancer: A Medical And Legal Overview, Samuel D. Hodge, Calina Noah

Health Matrix: The Journal of Law-Medicine

This article explores the legal implications of colorectal cancer diagnosis and treatment. The article provides an overview of the medical aspects of colorectal cancer, including its symptoms, stages, and available tests for detecting it. It then delves into the legal issues surrounding colonoscopies, including informed consent, medical malpractice claims, and insurance coverage. The article also examines the role of medical documentation in litigation related to colorectal cancer diagnosis and treatment. Finally, it discusses recent legal developments related to colorectal cancer screening guidelines and their impact on healthcare providers and patients. Overall, this law review article provides a comprehensive analysis of …

Moving To Digitized Health Care: Why Hipaa Coverage Needs To Be Expanded

Connecticut Law Review

The rapid development of personal technology over the past few years has thrust health care online. Most people have used some form of health tracking apps, nutrition apps, or exercise and fitness apps. The expansion of telehealth services and apps during the COVID-19 pandemic accelerated the shift toward online health care. Digitized health care, whether accessed through a mobile app, a web site, or a telehealth service, provides a convenient and efficient means for people to access health care services. But this new access comes with a hidden cost: a risk of unauthorized use of private health information. This Comment …

Trading Nonenforcement, Ryan Snyder

Georgia State University Law Review

In recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn't require. This Article takes an in-depth look at how these nonenforcement trades work, why agencies and regulated parties make them, and the effects they have on social policy. The Article argues that these trades pose serious risks: Agencies often use trading to evade procedural and substantive limits on their power. The trades themselves present fairness problems, both because they tend to reward large, well-connected firms and …

Special Issue: Hunger, Nutrition, And Health, Susan Rice

Journal of Food Law & Policy

Everyday millions of Americans face barriers to accessing food, housing, and other supports–––making the impossible decision of whether to put food on the table or cover other essential needs. Food insecurity and diet-related diseases, such as heart disease and diabetes, affect people of all ages and in all communities. It was for this reason that the Biden-Harris Administration hosted the White House Conference on Hunger, Nutrition, and Health in September 2022. As the President said at the Conference, “No child should go to bed hungry. No parent should die of a disease that can be prevented.” It will require all …

Va’S Work To Ensure Veterans’ Food Security, Christine Going

Journal of Food Law & Policy

The Department of Veterans Affairs (VA) is uniquely positioned as the nation’s largest integrated health care system, serving 9 million enrolled Veterans each year, to successfully embrace the power of an interdisciplinary team designed to meet the needs of Veterans challenged by food insecurity. In collaboration with the whole of government approach to ending hunger, VA is addressing food and nutrition security. The Food Security Office within the Veterans Health Administration (VHA) was established and has representation from nutrition, social work, and nursing focusing on the causes of food insecurity among Veterans. VA’s Food Security Office and the Nutrition and …

The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo

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

Consumer law has a conflicted and narrow identity. It is most immediately a form of business law, governing market transactions between people and companies. Accordingly, the microeconomic analysis of markets is the dominant influence on consumer law. But consumer law is often described as, and assumed to be about, protecting the consumer, which implicates small instances of individual injustice. Both of these lenses are valuable but reflect limited awareness of the field’s importance among lawmakers, scholars, and the public. We are all consumers. Exchanges between consumers and corporations contribute to global warming when people buy energy-inefficient household appliances; drive public …

Journal Of Food Law & Policy - Spring 2023, Journal Editors

Journal of Food Law & Policy

No abstract provided.

The Ethics Of Defense Counsel’S Communications With Absent Class Members Before Class Certification, Candice Enders, Joshua P. Davis

UC Law Journal

Attention to how courts address the ethics of defense counsel’s communications with absent class members before class certification is valuable for two primary reasons. First, it provides insight into how courts approach ethics in class actions generally. In the class action context, courts tend to pay more attention to the relevant procedural rules—particularly to Federal Rule of Civil Procedure 23—than they do to codes of professional responsibility. Relatedly, they also seek to promote the policy goals that animate Rule 23 rather than to emphasize formalistic distinctions, such as when class counsel begin to represent absent class members or whether class …

Which Came First: The Chicken Or The Chick'n? An Fda Amendment Proposal To Reconcile Conflicting Interests In Plant-Based Meat Labeling, Katie Justison

William & Mary Law Review

“The issue is, what is chicken?” As the market for plant-based meats grows, state legislators are left with the question of what the words “chicken” and “burger” mean on food labels. In response to lobbying from the traditional meat industries, states followed suit with the dairy industry and created regulations and restrictions that carve out a meat industry monopoly on meat-related terms. Commercial speech restrictions such as these are guided by the Central Hudson test. Using that test, this Note will argue that while certain state regulations pass constitutional muster, others impose unconstitutional speech restrictions. This Note will draw particularly …

The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo

Faculty Scholarship

This Article shows how consumer law, a field “derided as the law of small problems,”⁴ is more accurately viewed as important for addressing large-scale societal threats. It also offers a more integrated conceptual and institutional approach to consumer law so that the field can have a better chance of fulfilling its societal potential.

Part I of this Article outlines the importance of consumer law. It maps consumer law’s connections to some of the most pressing societal threats: climate change, public health, inequality, and disinformation. Part II focuses on consumer law’s place in the legal academy and government. Currently, important …

A Comparative Analysis Of The European And American Child Advocacy Model To Address Violence Against Children, Abigail Champion

Undergraduate Research Symposium

This presentation attempts to explain how each of the child advocacy models in the United States and Europe are different and similar. In addition, the presentation demonstrates how each model addresses violence against children. The slideshow provides examples of tools and resources therapists, social workers, and other social scientists use in the field. Lastly, the slideshow offers solutions and references on how the audience can become advocates and learn more information about child advocacy, child advocacy centers, and the different careers people can work in the child advocacy area.

An Update Is Required To Continue Using This Regulation: Why The Hipaa Privacy Rule Should Be Modified To Protect A Broader Range Of Health Data, Lauren Caverly Pratt

Belmont Health Law Journal

While there is no constitutional right to privacy of information, general public sentiment leans in favor of keeping personal health data private. More precisely, individuals would like information known only to the individual and other parties to whom he or she chooses to disclose the information. This is because public knowledge of sensitive personal data may harm the individual economically, socially, or in other intangible ways. The benefits of public knowledge of such individually identifiable health data do not outweigh these potential harms. Privacy should be the default.

To achieve this, HIPAA must be expanded to protect private health data …

A Game Theoretic Approach To Balance Privacy Risks And Familial Benefits, Ellen W. Clayton, Jia Guo, Murat Kantarcioglu, Et Al.

Vanderbilt Law School Faculty Publications

As recreational genomics continues to grow in its popularity, many people are afforded the opportunity to share their genomes in exchange for various services, including third-party interpretation (TPI) tools, to understand their predisposition to health problems and, based on genome similarity, to find extended family members. At the same time, these services have increasingly been reused by law enforcement to track down potential criminals through family members who disclose their genomic information. While it has been observed that many potential users shy away from such data sharing when they learn that their privacy cannot be assured, it remains unclear how …

Dabus, An Artificial Intelligence Machine, Invented Something New And Useful, But The Uspto Is Not Buying It, Trevor F. Ward

Maine Law Review

U.S. patent laws are designed to promote science and the useful arts. They grant temporary monopoly rights to inventors in order to incentivize inventive activity. In the United States, patent rights revolve around the inventor. However, what happens when an Artificial Intelligence (AI) machine invents? Who deserves monopoly rights to the invention? Who will be incentivized by such monopolies? Do U.S. laws protect companies’ investments in AI? In 2019, for the first time in history, an AI machine called DABUS was listed as an inventor on two U.S. patent applications. The United States Patent and Trademark Office denied the applications, …

An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur

Honors Projects

Sex education is arguably one of the most controversial subjects in the United States education system. Because education is primarily considered a state’s responsibility, it is difficult to ensure consistent material is being taught from state to state. Although comprehensive sex education has been proven to be effective, most states including Ohio, lean towards an abstinence-only approach. Ohio currently has very vague and limited sex education policies. In this paper, I will analyze sex education at the federal, state, and district levels (in Ohio) to determine the current state of affairs. I will utilize a case-study analysis of three Ohio …

Managing And Monitoring The Menopausal Body, Naomi R. Cahn, Bridget J. Crawford, Emily Gold Waldman

University of Chicago Legal Forum

This Essay explores how menopausal bodies are managed and monitored in contemporary U.S. culture. The focus is on two distinct aspects of that management and monitoring: menopausal hormone therapy (MHT) and the burgeoning market for technology-driven menopause products and services. While each of these allegedly improves the menopause experience, a closer investigation reveals a more complex interaction of profit motives and traditional notions of gender identity. The Essay identifies problems with current medical and business practices and suggests a role for law in destigmatizing menopause, ensuring availability and safety of MHT, and enhancing privacy for users of menopause-oriented apps and …

The Food Distribution Program On Indian Reservations: Past, Present, And Future, Samantha Doss

Arkansas Law Review

In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with “America’s Harvest Box,” a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates, grocery retailers, and former government officials spurned the idea, citing logistics challenges, nutrition concerns, and stigmatization associated with a direct distribution system. However, a few Indigenous advocates were quick to point out that a direct commodity distribution system has been in place in the United States for generations, often overlooked due to …

The Private Cost Of Behavioral Interventions, Avishalom Tor

Duke Law Journal

The increasing popularity of behavioral interventions—also known as nudges—is largely due to their perceived potential to promote public and private welfare at dramatically lower costs than those of traditional regulatory instruments, such as mandates or taxes. Yet, though nudges typically involve low implementation costs, scholars and policymakers alike tend to underestimate their often-substantial private costs. Once these costs are accounted for, most nudges turn out to generate significantly lower net benefits than assumed, and some prove less efficient or less cost-effective than traditional instruments. At other times, the private costs of behavioral interventions are sufficiently large to render them socially …

The Enforcement Value Of Disclosure, Stephanie Bornstein

Duke Law Journal

Information disclosures often “nudge” consumers to make better choices—for example, when manufacturers include nutrition labels on food packaging or fuel economy standards on cars. Yet having to disclose can have a nudge effect on the disclosing entity, too—for example, by incentivizing a manufacturer to make healthier food or more fuel-efficient cars. Recently, regulators around the world have begun to use information disclosures to improve racial and gender equality—for example, by requiring certain businesses to disclose information on things like harassment complaints, board diversity, and employee pay. But are such disclosure efforts worth their costs? And what would indicate that policymakers …

Pathology Logics, S. Lisa Washington

Northwestern University Law Review

Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize family regulation intervention. This Article focuses on another logic deeply embedded in the family regulation system: the pathologizing of impoverished and racialized groups. Scholars have discussed the pathologizing of marginalized groups to describe a host of different phenomena. In this Article, “pathology logic” refers to a logic that produces notions of …

Liberating Legal Aid: Reducing Covid-19'S Justice Gap And Promoting Health By Removing The Legal Services Corporation's Class Action And Advocacy Restrictions, Molly C. Schmidt

Cleveland State Law Review

The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by ow-income Americans served by LSC-funded legal aid organizations: the growing "justice gap." The justice gap represents the unmet civil legal needs of low-income Americans. The justice gap perpetuates poverty, conceals health-harming legal problems, and furthers racial disparities. Despite the LSC’s essential role in reducing the justice gap and promoting “equal access to justice,” Congress consistently underfunded the LSC before and during COVID-19. Congress has also prohibited the LSC-funded legal …

The Failing Prison Health Care System: Texas Policy Decides That Chewing Is Not A Medical Necessity, Adeline Beattie

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The United States has the highest number of incarcerated people in the world, accounting for roughly 25% of the world's total population. Texas leads the country for total number of incarcerated individuals in a U.S. state, with 133,772 incarcerated individuals as of 2021. The American prison system acts as a magnifying glass, highlighting how egregious the consequences of America’s failing late-stage capitalist institutions can be. Perhaps one of the more glaring examples of America’s institutional failure is the prison healthcare system. Every year that a person spends in prison cuts down their life expectancy by two years. Hundreds of incarcerated …