Digital Commons Network^™

Buyer, Beware Of Addiction, Erin E. Meyers, Clayton J. Masterman

Cardozo Law Review

Addictive products kill more than 700,000 people in the United States every year. Despite the large-scale risks that addiction poses, the law requires manufacturers of addictive products to disclose little-to-no information about the risk of addiction—the single most consequential characteristic of a class of products contributing to mass death every year.

While consumers understand that addictive products are, in fact, addictive, they generally do not understand the magnitude of the addiction risks that they face. Metaphorically, consumers understand that they are playing a game of “Russian roulette” when they consume an addictive product—but they play without knowing how many bullets …

Radical Restorative Justice: Reflections On Conflict, Trauma, And Hope In Chicagoland Schools, Amy J. Cohen, Uma Blanchard

Cardozo Law Review

This Article tracks how abolitionist and reformist debates are unfolding within urban schools’ attempts to smash the school-to-prison pipeline. We document how Chicago-area public school teachers are grappling with new restorative justice programs and their complex and divergent sociopolitical and institutional meanings. Drawing on over forty qualitative interviews with teachers, we illustrate how difficult widespread implementation of new conflict resolution mechanisms, in the name of restorative justice, are turning out to be. We analyze how teachers are interpreting restorative justice practices and the challenges they involve for students, educators, and school administrators who learn and teach and work in hierarchical …

The End Of Fda Exceptionalism? Dissecting Deference To The Fda In Drug Disputes, Anjali Deshmukh

Cardozo Law Review

On April 7, 2023, a federal judge issued a nationwide stay on the United States Food and Drug Administration (FDA) approval of the abortifacient medication mifepristone. It was instantly a landmark case, decried as the first time in over one-hundred years that a federal court nullified an FDA drug approval. A few hours later, a second federal district court enjoined FDA restrictions on mifepristone. Two federal courts substantively evaluating FDA drug approval data in one day is unprecedented. It begs the question: will courts overturn FDA drug approvals again?

Conventional wisdom says no. Abortion exceptionalism, the trend of legislatures and …

Silver Tsunami Or Silver Rush? Extracting Value From Elders, Andrew Milne

Suffolk University Law School Faculty Works

I examine how the United States finances elder care, arguing that the legal processes structuring elder care tend to widen economic inequality and divide the interests of lower-income people against each other along generational, gendered, and racialized lines. I begin with two case narratives drawn from my practice experience as a poverty lawyer for older adults. One narrative involves an elder homeowner, while the other involves an elder renter. Both face crises of unmet care needs, the threat of homelessness, and ultimately the outcome that many older people dread most: institutionalization in a nursing home. I use these narratives as …

Black English For Lawyers: A Primer, L. Alexander Walker Iii

Faculty Scholarship

Lawyers do not know as much about Black English as they should, and people’s freedom hangs in the balance. Differences between language varieties in sounds and grammar can change and have changed the outcome of cases: “He at work” and “He be at work” mean two completely different things. To reduce misinterpretation and therefore wrongful outcomes, this Article provides a primer on the sounds, words, grammar, and social context of Black English targeted directly at legal practitioners. It begins by explaining key concepts in linguistics and making the case for why lawyers must foreground accurate description over normative prescription when …

Litigating Predator Management, John A. Erwin

Utah Law Review

Despite significant gains over the last half-century, predators such as mountain lions, wolves, and bears are in the crosshairs once again. Scientific management, democratic principles, and the holding of wildlife resources in trust for the public are all foundational pillars of the North American Model for Wildlife Conservation, yet state wildlife agencies and legislatures routinely fail to uphold these values where predators are concerned. Many of these tensions were thrust into the public consciousness in 2020 when gray wolves were temporarily delisted under the Endangered Species Act (ESA), resulting in a disastrous wolf hunting season in Wisconsin. States that have …

Public Baths & Gender Reconstruction In The Mangkunegaran Region Of Solo, Fiera Saffana, Irmawati Marwoto

International Review of Humanities Studies

The division of gender roles in space is already evident from the layout of traditional Javanese buildings, which reflects a patriarchal culture where men are at a higher level than women. These gender boundaries and norms are also reflected in the spatial form of public bath in Solo. This research uses the archaeological method by Deetz which consists of data collection, data processing, and data interpretation. Explaining by presenting facts based on data obtained in the field, then data processing is carried out by involving analysis of the field data that has been collected. The last stage is the interpretation …

Voices For Justice: Firsthand Accounts Of Innocent People Fighting For Access In New York’S Post-Conviction Process, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

In 2018, the New York State Court of Appeals’ decision in People v. Natascha Tiger created an insurmountable obstacle for wrongfully convicted individuals pursuing innocence claims. The ruling held that a guilty plea precluded persons accused of crime from challenging their conviction in the absence of newly discovered, exculpatory DNA evidence. This is a troubling fact given 97% of felony convictions and 99% of misdemeanor convictions in New York State are resolved by guilty plea. The National Registry of Exonerations documented that 24% of all exonerated people across the United States pled guilty to crimes they did not commit. According …

The Influence Of Meme Culture On The Perception Of Japanese Music: A Survey Of Dolphin In Town-Kingo Hamada, Salsabila Alfajri, Bambang Wibawarta

International Review of Humanities Studies

The research aims to explore the influence of meme culture on the perception of Japanese music in the digital era, specifically analyzing the impact of meme culture on the song "Dolphin in Town" by Kingo Hamada. This study utilized quantitative methods, with surveys as the main technique for data collection. The results showed that meme culture plays an important role in introducing songs and artists that may not have previously received attention. The study also highlights the diverse impacts of meme culture on the perception of Japanese music, including its influence on popularizing, accepting, and interpreting music in various ways. …

China's Cultural Diplomacy And Its Engagement With The Peranakan Community In Malacca, Kotchaphop Kornphetcharat, Lee Yuen Thien

International Review of Humanities Studies

China's cultural diplomacy utilizes a range of strategies, including cultural exchange programs, media outreach, and people-to-people interactions, to further its national interests and enhance its international image. The primary aims are to foster a positive perception of China, build mutual understanding and trust with other nations, and expand China's cultural and economic influence. The overseas Chinese community in Southeast Asia has been recognized as a crucial conduit for advancing Chinese cultural policy globally. Recently, the Chinese government has conducted official visits to the Baba & Nyonya Heritage Museum in Malacca, Malaysia, exemplifying its efforts to engage with the local community. …

Duty Bearer-Right Holder In Law Number 4 Year 2024 On Maternal And Child Welfare In The First Thousand Days Of Life Phase, Tiyas Nur Haryani

Jurnal Ekonomi Kependudukan dan Keluarga

Law No. 4 Year 2024 on Maternal and Child Welfare in the First Thousand Days of Life has been promulgated by the government of the Republic of Indonesia. The regulation guarantees the implementation and fulfilment of the needs of mothers and children in order to improve the quality of human resources. This article aims to map the duty-bearers-rights holders in the draft law on maternal and child welfare in the first thousand days of life. Analysing the position of maternal mothers is the main focus of this research, as maternal mothers are the main subjects in the draft law on …

The Potential Escalation Of Strategic Partnership Conflicts In The Indo-Pacific Region From The Aukus Trilateral Defense Pact, Yodia Adriatami Edwina, Yossica Ariatami Edwina

Indonesian Journal of International Law

The aggressiveness demonstrated by China in the South China Sea has caused instability and tension in military conflicts within the Indo-Pacific region. This aggressiveness was specifically demonstrated with the aim of controlling the sea in the region and considered a threat to maritime security, In an effort to balance the Indo-Pacific region against the aggressive attitude of China, the Trilateral Defense Pact agreement was made by Australia, United Kingdom, and United States. Despite the presented advantages associated with the effort, it is important to state that the agreement has raised concerns in Indonesia regarding its implications for maritime stability and …

The Right To Receive Information: Conceptual Problems, Shrutanjaya Bhardwaj Mr

Indian Journal of Law and Technology

This article studies the “right to receive information” or the “right to know”, a judicially-recognised right under Article 19(1)(a) of the Constitution. It attempts to show, through an analysis of judgments of the Supreme Court and High Courts, that the right rests on a shaky philosophical foundation and that there are inconsistencies in how the right is judicially treated in terms of its structure and content.

First, the article questions the logic that the “right to know” is implicit in Article 19(1)(a) merely because it makes the exercise of free speech more meaningful. Such a logic was authoritatively rejected by …

Children's Rights Debates, Revisited, Martha Minow

Florida Law Review

A Dunwody distinguished lecture in law that reflects on children's rights.

Lethal Autonomous Weapons Systems & International Law: Growing Momentum Towards A New International Treaty, Benjamin Perrin

All Faculty Publications

While existing international humanitarian law, international criminal law, and international human rights law provide foundational rules and principles governing LAWS, gaps in specificity and enforcement highlight the pressing need for a dedicated international treaty. Such a treaty could harmonize interpretations, establish clear prohibitions and restrictions, and ensure accountability in the use of these technologies.

Climatizing National Security, Mark Nevitt

University of Chicago Legal Forum

Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …

Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho

University of Chicago Legal Forum

This Article argues that effective national security mandates protection against the spread of infectious diseases, which requires addressing intellectual property (IP) and technology obstacles. Without modification, IP laws can bar the manufacture of needed treatments by anyone besides the IP owner and its licensees. Although there was some recognition during the COVID-19 pandemic that existing IP laws should be modified, there was strong resistance not only by IP-owning companies, but also by individual countries that impeded the ability to manufacture needed vaccines during the height of the pandemic.

Many global leaders have recognized that future pandemics are inevitable and that …

Inherited Health: A Targeted Medicaid Reform To Redress Generational Health Disparities, Jessica L. Millward

Seton Hall Law Review

No abstract provided.

The Healing Power Of Antitrust, Theodosia Stavroulaki

Northwestern University Law Review

Millions of Americans live in hospital deserts—communities where people lack geographic access to hospitals and primary care physicians. People living in these deserts often miss doctor appointments, delay necessary care, and stop adhering to their treatment. In this way, hospital deserts exacerbate the health disparities plaguing America. This Article demonstrates that hospital deserts are not inevitable but the result of several business strategies—including noncompete agreements and merging with competitors—and antitrust enforcers’ unwillingness to recognize these harmful practices as antitrust violations. To cure the issue of hospital deserts, this Article makes three proposals. First, antitrust enforcers and the courts should expand …

City Of Grants Pass V. Johnson: The Limits Of The Eighth Amendment’S Cruel And Unusual Punishments Clause, Erik W. Stanley

Liberty University Law Review

The case of City of Grants Pass v. Johnson arose against the backdrop of a rising homeless population not seen before and the struggles cities faced with addressing this rise in homelessness and the proliferation of homeless encampments in urban areas. The case presented the question whether the City of Grants Pass ordinances that prohibited the homeless from sleeping or camping outside constituted cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Both the District Court and the Ninth Circuit Court of Appeals held that it did. The United States Supreme Court reversed, finding that the …

Infrastructure, Equity And Climate Change: The Promise Of The Infrastructure Investment And Jobs Act (Iija), Dante R. Gurule

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Fixing The Last Frontier: How Law And Policy Governing Commercial Fishing Have Failed Alaska’S Environment And Economy, Andrew Ilemsky

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Read The Sign: The Equal Protection Clause Does Not Require Gender-Affirming Bathroom Access In Schools, Stephen J. Nast

Liberty University Law Review

For thousands of years, bathrooms have been separated by sex—male and female. In fact, for most of human history, there has been a universal understanding that only male and female sexes existed. It was not until the twentieth century that the notion that there could be more than two sexes was popularized and the term “transgender” was introduced to society. By the mid-2010s, the idea that bathrooms should be separated by male and female began to receive opposition. As explored throughout this Comment, children identifying as transgender have filed lawsuits against school boards that did not permit children to use …

Child Marriage In Tanzania: Loopholes, Duct Tape, And Lesser Evils, Sheryl L. Buske

Tulsa Law Review

No abstract provided.

The Next Public Health Frontier With Indoor Air Quality, Lynette B. Martins

Tulsa Law Review

No abstract provided.

The Dim Prospects Of A Child Find: Journal Entries Of An Academic, Engineer, And Mother Navigating Special Education Services, Idalis Villanueva Alarcon

Journal of Pre-College Engineering Education Research (J-PEER)

This provocation is a journaling exercise to uncover the author’s experiences of navigating child find, a process to identify specific learning disability needs for my oldest child. While the Individuals with Disabilities Education Act provides provisions to protect and support children with special needs, private schools do not operate equally. When considering how these inequities in the educational system overlap with precollege engineering education, there is a large gap the literature, positioning a dire need to move disability studies into the precollege engineering education space. The critical authoethnographic journal sheds light on the inequities and educational gaps that are present …

First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims, Paul Stanton Kibel, L. Victoria Wang

American Indian Law Journal

Courts have held that American Indian tribal fishery rights can give rise to tribal instream flow rights. They have also held that the curtailment of rights of diversion to protect fisheries under the Federal Endangered Species Act may give rise to potential takings claims under the Fifth Amendment of the United States Constitution. In its 2019 decision in Baley v. United States the federal circuit court of appeals held that minimum instream flows under the ESA were needed to fulfill American Indian tribal fishery rights, and these rights carried a priority date of “time immemorial” that was senior to any …

High Hopes: Legal And Ethical Issues With Post-Trial Access To Psychedelic Drugs, Callie Terris, Emma Tumilty

Journal of Health Care Law and Policy

No abstract provided.

Carano V. Disney: The First Amendment Right Of Expressive Association As A Defense To Firing Employees For Their Political Speech, Joel Timmer

Washington Journal of Law, Technology & Arts

Following a series of controversial social media posts by actress Gina Carano, a cast member of the Disney+ Star Wars series, The Mandalorian, Disney terminated her employment on the show and announced that Carano would not appear in any future Star Wars projects. According to Disney, Carano was terminated because the views expressed in her posts did not align with the company’s values. Carano filed suit against Disney, claiming Disney violated California state labor laws that generally prohibit employers from sanctioning employees for their political activities. In response, Disney claims that the First Amendment right of expressive association provides …

Episode 9: Update From The Sidelines, Sara Gras

Season 01

This episode provides an update on developments related to the inclusion of trans athletes in interscholastic sports, including the Second Circuit’s en banc decision in the Soule v. Connecticut case, the general Title IX Final Rule litigation, transvestigation during the Summer Olympics, and a recent Senate hearing on an entirely different subject that foreshadows what the next four years holds for trans athletes. My guest for this episode is one my research assistants, Emily Raedisch, a 2nd year law student at Seton Hall Law. She researched and wrote this episode. Court opinions and documents: Soule v. Connecticut Ass’n of Sch., …