Digital Commons Network^™

The Contractual Womb: U.S. Surrogacy Reform Through A Federal Bioethical Framework, Yasmine A. Quinones

Student Works

No abstract provided.

Addressing The Challenges Of Cognitive Decline In The Physician Workforce, Sharona Hoffman

Faculty Publications

This book chapter examines the growing challenge of cognitive decline among aging physicians and analyzes various approaches to addressing it. In 2024, twenty percent of working physicians were sixty-five or older, and evidence suggests that 12-14% of older clinicians have cognitive deficits that may affect job performance. The chapter evaluates two primary approaches to cognitive assessment: employer-initiated programs and programs operated by state medical boards. Employer "late career practitioner policies" (LCPP) that require older physicians to undergo testing are becoming increasingly popular among health care organizations. But they are vulnerable to challenge under disability and age discrimination laws, as evidenced …

Revising The Role Of Minors And Their Participation In Their End-Of-Life Care: An Argument For A Shared Decision-Making Model Rooted In Pediatric Patients’ Decision-Making Capacity, Taylor Talcott

Student Works

No abstract provided.

Work-Life Balance Of Parents: Comparing The Parental Leave Systems And Their Legal Structures In The United States And European Union, Michelle C. Hunter

Student Works

No abstract provided.

Managing Collaboration Under Conservation Crisis: Trust, Risk, And Control In The Gulf Of Maine Fishery Management Network, Evelyn Roozee, Owen Temby, Dongkyu Kim, Antonia Sohns, Anthony Rocha Lima, Jasper R. De Vries, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

Transboundary fishery management and the intertwined conservation of critically endangered species represent significant governance challenges that require ongoing inter-organizational communication, collaboration, and collective action to achieve shared objectives. Previous research suggests that inter-organizational collaborative performance depends heavily on different dimensions of trust and complementary control mechanisms to mitigate the perceived risks of collaborating and enable the reciprocal sharing of resources and the coordination of activities. However, it is unclear how proposed relationships between trust, risk, and control are shaped by disruptions to established transboundary management networks. This study presents the results of survey research conducted in the Gulf of Maine …

Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

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Differentiated Instruction For Gifted Students In A North Carolina Title I School System: A Case Study, Kristal Land

Doctoral Dissertations and Projects

The purpose of this case study was to explore the differentiation of instructional methods used for cluster-grouped gifted students in third through eighth-grade regular education classes at TCSS, a Title I school in North Carolina. For the research, differentiation for cluster-grouped gifted students was defined as students who have been identified as gifted and are grouped together, typically in clusters of three to more than 10 students in a regular education setting. In this environment, teachers differentiate instruction to meet the advanced learning needs of their students. The theory guiding this study is Gardner’s theory of multiple intelligences. Multiple intelligences …

Response To Reviewers — Emancipations Symposium On Profit And Power, Ronen Palan

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Child Welfare History Of Prison Inmates Would Provide Meaningful Data For Foster Care Policy Research And Planning, Maggie Zehring

Student Scholarship

Child welfare intervention in the United States continues to operate distinctly different in each states and community without a full picture of the overall system’s efficacy. While federal and state agencies collect extensive information on children’s movement in and out of the foster care system and related adjudication, there lacks a nationwide understanding of how kids fare after exiting the system. This note argues that Departments of Correction (DOC) nationwide should collect child‑welfare history from incarcerated individuals as part of existing intake procedures and regularly communicate the data for the federal Children’s Bureau to aggregate for longitudinal analysis of foster …

Modernizing And Clarifying Family Laws: The New Jersey Law Revision Commission’S Examination Of Self-Representation, Domestic Violence, And Parental Rights, Barbara B. Rivera, Whitney G. Schlimbach, Candy Ley Velazquez, Kyle M. Ryan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

International Animal Law, Tala Dibenedetto, Edie Bowles, Paula Cardoso, Daina Bray, Rajesh K. Reddy, Regina Paulose

The Year in Review

No abstract provided.

Europe, Duncan Gorst, Luigi Pavanello, Willem Den Hertog, Jonathan A. Mcgowan

The Year in Review

No abstract provided.

Women's Interest Network, Julie King, Christine Korper, Abiola Afolayan, Marie Elena Angulo, Michela Cocchi, Angela M. Gallerizzo, Dolly Hernandez, Margaret Kamm, Dana Katz, Kendra Muller, Sierra Paola, Vanessa Romero Rocha, Aina Serret, Sandhya Taneja, Catherine Van Kampen

The Year in Review

No abstract provided.

Opposition To Renewable Energy Facilities In The United States: September 2026 Edition, Romany M. Webb, Ivonne Norman

Sabin Center for Climate Change Law

For the first time in nearly 2 decades, the United States is seeing rapid growth in electricity demand, driven by the data center boom as well as expanding electrification. Total electricity use in the United States reached a record high of 4,430 terawatt hours (TWh) in 2025 — almost 3 percent above 2024 levels — and is expected to continue growing at a similar rate through 2050. Meeting this increased demand, while continuing to advance action on climate change, will require a massive ramp up in renewable energy development. Notable progress was made in 2025, with utility-scale solar generation in …

The Fda’S New Clinical Decision Support Software Guidance And Its Implications For Artificial Intelligence, Sara Gerke

Utah Law Review

Artificial Intelligence (AI) is transforming healthcare. While the U.S. Food and Drug Administration (FDA) has authorized the marketing of more than 1,400 AI-based products classified as devices under Section 201(h)(1) of the Federal Food, Drug, and Cosmetic Act, many other AIbased products, including certain clinical decision support (CDS) software tools that provide recommendations to health care professionals about diagnosis, treatment, or prevention of a disease or condition, have been placed on the U.S. market without FDA premarket review. On January 6, 2026, the FDA issued a revised CDS Guidance, which superseded the September 28, 2022 CDS Guidance. Shortly after, the …

Beyond Regulatory Compliance: Reorienting Indonesia's Post-Mining Governance Through Ecological Justice, Suryaningsi Suryaningsi, Rosmini Rosmini, Andi Luthfi, Muhammad Sayyidus Cakrawala

Hasanuddin Law Review

Post-mining governance in coal-producing regions is often unable to translate regulatory compliance into actual ecological recovery, as evidenced by East Kalimantan's environmental challenges. Therefore, this study aimed to examine implementation gaps in Indonesia's legal framework for reclamation and propose legal reforms grounded in ecological justice. A socio-legal method was used to integrate normative analysis, semi-structured interviews with 12 multi-level stakeholders, and comparative assessments of Australia, South Africa, and India. The results identified four critical gaps, namely discrepancies between administrative compliance and ecological outcomes, inadequate financial assurance, uncertain land transfer, and fragmented institutional oversight. This study showed that regulatory compliance without …

Rebutting 38 False Claims About Solar, Wind, Electric Vehicles, And Battery Storage, Andrew Kieffer

Sabin Center for Climate Change Law

Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 38 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

Scientific Uncertainty As Political Aggression: A Manifesto For Those Who Value Science And Want To Save It From State And Corporate Control, Stephen Demeo

Publications and Research

A manifesto is an opportunity to publicly express strongly held beliefs about a topic that is personally important to an author. It is analytical as it is creative. “Scientific Uncertainty as Political Aggression” is a manifesto that intersects science and politics. It urges those interested in science to examine two different but related topics: scientific uncertainty in measurement—what it is, how it is determined, why it’s important— and the magnification of uncertainty through legal and linguistic tactics used by right-wing politicians and politically supported corporations.

For some time now, the Republican Establishment has cast excessive doubt on scientific findings through …

Medical Device Regulation: We Can’T Just Go Back (Nor Should We), George Horvath

Utah Law Review

For much of the twentieth century, the federal Food and Drug Administration maintained its reputation as the preeminent regulatory agency, renowned for providing vigilant and scientifically rigorous oversight that ensured the safety and effectiveness of drugs and medical devices. But a former FDA commissioner recently lamented that “[t]he FDA as we’ve known it is finished.” Many commentators have raised concerns that reductions in force will leave the Agency understaffed, that these shortages will prolong review times, and that the standards applied to premarket evaluations of medical products will allow unsafe and ineffective products to reach the market. But in the …

Post-Approval Problems, Anjali D. Deshmukh M.D., J.D.

Utah Law Review

Sitting across from 4-year-old Jessica’s parents, I whispered the truth: the most promising drug to fight their daughter’s disease was a therapy approved for adults, not for children her age. We could estimate the dose, monitor her organs, and hope the toxicity would not outpace the benefits, but there was no high-quality clinical trial data proving it was safe for kids like her yet, despite congressional mandates. Unexpected safety issues are often identified after drugs are approved and used outside of a closely controlled clinical trial, especially in understudied populations like children, the elderly, and pregnant women. When I asked …

A Primer Of Medical Device Regulation: How To Go From Reactive To Proactive To Better Protect Patient Safety, Sneha Dave, Rita F. Redberg

Utah Law Review

FDA oversight of medical devices has too often been reactive, following preventable disasters rather than based on a proactive commitment to patient safety. The history of the device framework, the expansion of expedited pathways, weak postmarket surveillance, broad preemption, and conflicted patient advocacy together create a perfect storm of a regulatory environment that tolerates uncertainty and externalizes costs onto patients. Reforms such as time‑limited breakthrough status, mandatory and enforceable postmarket studies, requirements for more robust safety and efficacy data, and strengthened reporting duty for clinicians would move device regulation closer to FDA’s statutory mandate to protect public health. It would …

Fda Policymaking In The Trump Deregulation Era, Jordan Paradise J.D.

Utah Law Review

This Article endeavors to contribute to and continue the conversation about how the Trump deregulatory agenda is impacting a vital national public health agency, the FDA, and our national collective public health in ways that deviate from longstanding agency policy and practice. Various other FDA policy actions deserve concerted attention by legal scholars, including the agency’s recent moves in the direct-to-consumer marketing (DTC) drug space through targeted warning letters and publicity about reforming the “adequate provision” standards, food additives and generally recognized as safe (GRAS) listing processes and directives to industry, adjustments to the biosimilar interchangeability requirements through guidance document, …

Fda In 2050: Best- And Worst-Case Scenarios, Michael S. Sinha

Utah Law Review

In 2025, the Trump administration disrupted many critical aspects of the biomedical research infrastructure in the United States. The Food and Drug Administration (FDA) was not spared. Robert F. Kennedy, Jr., a known vaccine denier with no health care experience, was confirmed as Secretary of the U.S. Department of Health and Human Services (HHS) in February 2025, followed by the confirmation of Dr. Martin Makary as Commissioner of the FDA in April. Departures of long-time FDA scientists, coupled with appointments of key personnel, seemingly because of their public stances on COVID-19 mRNA vaccines, have resulted in a tumultuous year for …

Evaluating The Case Against Fda Independence, Patricia J. Zettler, Rachel E. Sachs

Utah Law Review

Many former FDA officials, both politically-appointed leaders and those from the career ranks, as well as numerous FDA scholars have advocated for increased FDA independence in varied forms, and for good reason. At the same time, there are advantages to FDA’s current structure, and there may be ways to insulate career scientific experts’ decisions from political influence and to address other problems by generating independence, without overhauling the agency’s design. Policymakers should consider all options, as particular independence features may, or may not, be the best way, to address concerns about FDA’s capacity to carry out its vital public health …

When Protection Becomes Predation: Militarized Masculinity And Sexual Violence In Northeastern Nigeria, Tosin Osasona

Dignity: A Journal of Analysis of Exploitation and Violence

The study investigates the structural and situational drivers of conflict-related sexual violence (CRSV) perpetrated by state security actors in the context of Nigeria’s counterinsurgency campaigns in Borno State. Drawing on militarized masculinity and strain and deprivation theories, and using a qualitative, interpretive research design, the study argues that CRSV is not an isolated or episodic form of deviance by individual soldiers and security personnel but is embedded in routine military–civilian interactions. Advancing an interactionist explanation of CRSV in Nigeria’s Islamist counterinsurgency operations, the study demonstrates that the likelihood of sexual violence increases through the interaction of gendered institutional norms, operational …

The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …

From Contested Rights To Perceived Threats: The Securitization Of Lgbt And Its Human Rights Implications In Indonesia, Melkias Hetharia, Basir Rohrohmana

Indonesia Law Review

Debates on LGBT rights in Indonesia have largely centred on the legal recognition of same-sex relationships and their compatibility with religion, Pancasila, and the constitutional framework. Recent developments, however, require the discussion to move beyond the question of recognition. This article examines the evolving legal and policy treatment of LGBT persons in Indonesia, particularly following Presidential Regulation No. 111 of 2025, which identifies the “spread of LGBTQ culture” as a non-military threat. Using normative legal research and securitization theory, the article analyses Indonesian constitutional principles, marriage and human rights law, relevant Constitutional Court jurisprudence, defence policy, and documented experiences of …

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …

Intercountry Adoptions In South Africa And Uganda: Do Different Contracting Statuses Relative To The Hague Convention Matter?, Joseph Isanga

Idaho Law Review

No abstract provided.