Digital Commons Network^™

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 …

Animals In Cost-Benefit Analysis, Andrew Stawasz

University of Michigan Journal of Law Reform

Federal agencies’ cost-benefit analyses do not capture nonhuman animals’ (animals’) interests. This omission matters. Cost-benefit analysis drives many regulatory decisions that substantially affect billions of animals. That omission creates a regulatory blind spot that is untenable as a matter of morality and of policy.

This Article advances two claims related to valuing animals in cost-benefit analyses, dubbed the “Weak Claim” and the “Strong Claim.” The Weak Claim argues that agencies typically may value animals in cost-benefit analyses. Usually, no legal prohibitions exist, and such valuation is within agencies’ legitimate discretion. The Strong Claim argues that agencies often must do so …

Shareholder Agreements In India: An Unsettled Jurisprudence., Vikramaditya S. Khanna

Book Chapters

Shareholder agreements (SAs) are becoming more common around the world as the ownership of companies become more concentrated. Larger investors— in particular, private equity investors— often document their understandings about their investments in increasingly sophisticated SAs. India has also witnessed a rise in SAs, usually with foreign private equity players, which reflects a level of sophistication and formality in contract negotiations that was not always present when such agreements were between family or affinity groups. This has placed increasing pressure on Indian case law to evolve in response to these agreements.

This chapter explores that response and finds that it …

Felony Disenfranchisement And Voter Turnout: Randomized Trials In Iowa And Washington, Alexander Billy, J.J. Naddeo, Neel U. Sukhatme

Northwestern University Law Review

Prior to the 2022 midterm elections, we conducted large-scale randomized controlled trials in Iowa and Washington aimed at increasing voter turnout among newly enfranchised individuals with past felony convictions. Alongside national and grassroots partners, we designed and implemented experiments to ascertain the effectiveness of alternative outreach mechanisms, including targeted mailers and digital ads. We did not detect statistically significant or economically meaningful effects on voter registration or turnout; most observed effects were precise nulls. The absence of measured impact is likely attributed to low digital engagement with our online ads as well as extensive voter outreach already conducted by our …

A Blow To Reunification: How The Supreme Court Of North Carolina’S Ruling In In Re J.M. Eviscerates The Hopes Of Parents In Reunifying With Their Children, John J. Choi

North Carolina Law Review

No abstract provided.

Rewriting Nepa: Statutory Continuity And Disruption In A Polarized Era, Daniel A. Farber

Michigan Journal of Environmental & Administrative Law

For decades the National Environmental Policy Act (NEPA) of 1969 was a paradigm of statutory stability. In 2023 that changed overnight with a major rewrite of NEPA as part of the debt ceiling bill. The text of the statute was hurriedly negotiated between President Biden and House Speaker McCarthy, and then passed with virtually no debate.

This article is the first to analyze the amendments. Due to the frenzied enactment process, NEPA is now loaded with overlapping and partially conflicting language, provisions that seem nonsensical if taken literally, and perplexing gaps. The article teases apart these problems, concluding that the …

An Artificial Intelligence Report Card For Judicial Review, Zoe E. Niesel

Michigan Journal of Environmental & Administrative Law

The rapid advancement of technology, including artificial intelligence (AI), is creating new challenges for judicial review under the Administrative Procedure Act (APA). In late 2023, federal administrative agencies publicly disclosed over 700 use cases of AI that employ sophisticated techniques like machine learning and natural language processing. While the APA's flexible judicial review framework certainly allows agencies to utilize new technologies, the APA also requires explainability of agency decisions; thus, agencies must be able to articulate the reasoning and methodology behind AI-enabled decisions for the purpose of judicial review. This Article examines APA judicial review as it applies to agency …

Getting Personal With Personnel: The Need For Stricter Employee Privacy Rights As Surviellance By Employers Expand, Amber Makda

Hofstra Labor & Employment Law Journal

No abstract provided.

Brigham-Kanner Property Rights Journal, Volume 13, William & Mary Law School

Brigham-Kanner Property Rights Journal

Property and Propriety (or A Well-Ordered Society)

October 26-27, 2023

Panel 1: Property and Propriety (or A Well-Ordered Society): A Tribute to Gregory S. Alexander

Panel 2: Equity's Role in Defining Property Rights

Panel 3: Roundtable: Emerging Issues

Panel 4: The Restatement's Impact on Property Rights

Panel 5: The Scalability of Property Rights

Note

Gender According To World Athletics: The Regulation Of Racialized Athletes From The Global South, Maria Dugas

Dalhousie Law Journal

In March 2023, World Athletics, the regulating body for the sport of Athletics introduced The Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development). These Regulations limit participation in female Athletics events at international competition and to set world records. They require certain athletes to maintain a testosterone threshold below 2.5nmol/L, despite their naturally occurring testosterone levels. On one level, this paper is about gender regulation in sport, particularly regulating testosterone in elite, female athletes. On another level it is about power and privilege at the intersection of race, nationality, and gender. It argues that through its …

U-M School Of Dentistry: Collaborating With Michigan’S Dentists To Move The Profession Always Forward, Jacques E. Nör Dds, Ms, Phd

The Journal of the Michigan Dental Association

Completing his first year as dean of the University of Michigan School of Dentistry Dr. Nor highlights the importance of community-based learning in dental education. Students gain valuable experience through rotations at various clinics across Michigan, including those serving underserved populations. The dean emphasizes the generosity of dentists who mentor students and the importance of the Oath of Aspiring Dentists. The Commission on Dental Accreditation completed its site visit at our school in March. Its findings identified numerous strengths during the formal review that American dental schools must complete every seven years. Demographic data on the incoming class of 2028 …

Left In The Dust: The Decline In Coal Mining And The 2022 Inflation Reduction Act's Failure To Incorporate Just Transition Principles For Coal Communities, Gillian K. Joyce

Hofstra Labor & Employment Law Journal

No abstract provided.

The Law Is Weirder Than Ai, Sam Williams

Hofstra Law Review

Between artificial intelligence threatening to take our jobs and destroy the world while adopting the aesthetic of the weird and a presidential election that could have been partially determined by how people feel about being weird, it seems like the weird is taking over. In this Article, I make the case for embracing the weird. Only by embracing our own weirdness can we make sense of the weirdness (or lack thereof) of those that we do not understand. Primarily through the lens of author H.P. Lovecraft’s weird tales, I argue that the law is very weird. This weirdness is mostly …

The Scales Project: Making Federal Court Records Free, David L. Schwartz, Kat M. Albrecht, Adam R. Pah, Christopher A. Cotropia, Amy Kristin Sanders, Sarath Sanga, Charlotte S. Alexander, Luís A.N. Amaral, Zachary D. Clopton, Anne M. Tucker, Thomas W. Gaylord, Scott G. Daniel, Nathan Dahlberg

Northwestern University Law Review

Federal court records have been available online for nearly a quarter century, yet they remain frustratingly inaccessible to the public. This is due to two primary barriers: (1) the federal government’s prohibitively high fees to access the records at scale and (2) the unwieldy state of the records themselves, which are mostly text documents scattered across numerous systems. Official datasets produced by the judiciary, as well as third-party data collection efforts, are incomplete, inaccurate, and similarly inaccessible to the public. The result is a de facto data blackout that leaves an entire branch of the federal government shielded from empirical …

No Really, What Should We Do? An Employer’S Guide To Groff V. Dejoy And Juggling Religious Accommodations In The Workplace, Keegan K. Davis

Nevada Law Journal

No abstract provided.

The War On Higher Education, Athena D. Mutua, Jonathan Feingold, Angela Harris, Emily M. S. Houh, Matthew Patrick Shaw, Francisco Valdes

Journal Articles

Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the increasingly brazen right-wing efforts in the U.S. Congress and the States to erode academic freedom and university independence— two pillars of our democratic republic. We also identify a bi-partisan source of higher education’s present precarity: the neoliberal policies that precipitated the privatization and corporatization of universities across the country.

The Lawyer’S Quandary: Client-Centered Lawyering In The Treatment Paradigm, Marisol Orihuela

North Carolina Law Review

No abstract provided.

Implementing The Inflation Reduction Act: Progress To Date And Risks From A Changing Administration, Romany M. Webb, Martin Lockman, Emma Shumway

Sabin Center for Climate Change Law

The Inflation Reduction Act of 2022 (“IRA”) is the largest investment in climate change mitigation and adaptation in American history. The IRA appropriates more than $142 billion to carry out activities designed to reduce greenhouse gas emissions and protect against the impacts of climate change. This includes up to $37 billion in appropriations for federal loans and loan guarantees, and nearly $105 billion allocated for grants, awards, and other direct spending by federal agencies. In addition, the IRA creates and expands a number of tax credit programs designed to support a broad range of climate-related activities, including investments in clean …

Maximizing Productivity Through Digital Panopticism: Combatting Invasive Employee Surveillance Systems In The Workplace, Amber Wooten

West Virginia Law Review

The United States has experienced rapid advancements in surveillance technology and data collection in the past three decades. Conversely, since the COVID-19 pandemic, remote work opportunities have increased, with many remote workers being subjected to surveillance within their homes. Given the lack of significant statutory measures to safeguard remote employees against incessant surveillance, employers can monitor employees, collect data, and enforce unattainable productivity quotas with little repercussions. Despite these harms, the influx of remote jobs presents significant benefits, especially for states like West Virginia, which faces immense population decline and lacks consistent physical job opportunities. Remote work promotes flexibility and …

Prudence, Role Morality, And Restraint: Judge Wilkinson On The Separation Of Powers, Katherine Mims Crocker, Jack Goldsmith

Faculty Scholarship

Caution in reviewing the actions of the legislative and executive branches has been a hallmark of the jurisprudence of Judge J. Harvie Wilkinson III. The Constitution “at most gives judges specific authority to redress violations of specific provisions,” Judge Wilkinson writes in his book Cosmic Constitutional Theory. But even when doing so, “courts must exercise great caution before injecting themselves into the vortex of varied political questions,” for “[i]t is often far preferable to allow the political institutions under our Constitution to struggle among themselves, with each bringing to bear the respective arsenal of powers the Framers accorded them.” …

Felony Disenfranchisement And Voter Turnout: Randomized Trials In Iowa And Washington, Alexander Billy, J.J. Naddeo, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

Prior to the 2022 midterm elections, we conducted large-scale randomized controlled trials in Iowa and Washington aimed at increasing voter turnout among newly enfranchised individuals with past felony convictions. Alongside national and grassroots partners, we designed and implemented experiments to ascertain the effectiveness of alternative outreach mechanisms, including targeted mailers and digital ads. We did not detect statistically significant or economically meaningful effects on voter registration or turnout; most observed effects were precise nulls. The absence of measured impact is likely attributed to low digital engagement with our online ads as well as extensive voter outreach already conducted by our …

Critical Race Theory As Legal Epistemic Justice, Jasmine Gonzales Rose

Faculty Scholarship

“Critical Thinking: Not Critical Race Theory” and “Teach Truth: Not CRT,” proclaimed the front and back of a T-shirt on a fellow traveler passing in the airport. I was startled by the blatant misconceptions. The core pursuits of critical race theory (“CRT”) are to think critically, discover truth, and diversify knowledge about race and racism. Although I was aware of then-President Trump’s executive order barring federal diversity training and bills modeled after it, nothing had prepared me for the realization that my academic subfield had become so widely criticized that it was now the subject of T-shirt slogans. A few …

Hibah Dari Ayah Kepada Anak Kandung Yang Melanggar Hak Bagian Ahli Waris Menurut Hukum Kewarisan Islam (Studi Putusan Pengadilan Agama Nganjuk Nomor 0619/Pdt.G/2019/Pa.Ngj Juncto Putusan Mahkamah Agung Nomor 103 Pk/Ag/2022), Sekar Puspita Arum, Wirdyaningsih Wirdyaningsih, Neng Djubaedah

Indonesian Notary

The settlement of inheritance disputes over property that has been granted by parents to children should use Article 211 of the Compilation of Islamic Law as a basis for consideration. This is because in reality, parents do not equalize the share of grants to their children so that the grant violates the share that is the right of the heir. Such a case was found in Supreme Court Decision Number 103 PK/Ag/2022. This legal research is intended to analyze the division of inheritance with the existence of grants according to Islamic Maritime Law and the legal consequences of granting grants …

Kedudukan Hukum Anak Luar Kawin Yang Disahkan Terhadap Warisan Tanah Yang Hak Warisnya Dibatalkan Oleh Putusan Pengadilan (Studi Putusan Mahkamah Agung Nomor 942 K/Pdt/2022), Salsabilla Putri Ariza, Teddy Anggoro

Indonesian Notary

Peristiwa pewarisan berdasarkan Kitab Undang-Undang Hukum Perdata (KUH Perdata) menyebabkan adanya peralihan segala hak-hak dan kewajiban yang dimiliki oleh pewaris kepada para ahli warisnya yang sah. Ahli waris merupakan keluarga sedarah, baik yang sah menurut undang-undang maupun yang di luar perkawinan, dan suami atau istri yang hidup terlama. Ahli waris yang digolongkan sebagai ahli waris golongan I adalah istri atau suami yang hidup terlama beserta dengan keturunannya yang sah, baik yang berdasarkan suatu perkawinan yang sah maupun yang di luar perkawinan yang sah. Dalam hal pewaris tidak memiliki keluarga sedarah atau istri atau suami yang hidup terlama, maka anak luar …

Upaya Hukum Ahli Waris Yang Tidak Diikutsertakan Sebagai Ahli Waris Dan Kekuatan Pembuktian Akta Kelahiran Dibandingkan Dengan Tes Dna (Studi Putusan Pengadilan Tinggi Agama Padang Nomor 11/Pdt.G/2023/Pta.Pdg), Anisa Salsabila, Sri Laksmi Anindita

Indonesian Notary

Pada hukum Islam, pembagian harta warisan ialah salah satu kajian Islam yang pada keilmuan islam dibahas secara khusus pada fiqh mawaris. Dalam praktiknya terdapat pewarisan yang tidak mengikutsertakan anak dari pewaris dengan berbagai alasan. Metode penelitian yang digunakan adalah Doktrinal, yang mengacu kepada norma hukum sebagai sasaran penelitian. Penelitian ini menggunakan data sekunder dengan metode analisis kualitatif. Rumusan masalah yang digunakan ialah bagaimana upaya hukum terhadap anak yang tidak diperhitungkan sebagai ahli waris dalam Penetapan Waris Nomor 195/Pdt.P/2020/PA.KBr. dan bagaimana kekuatan pembuktian Tes DNA dibandingkan dengan Akta Kelahiran dalam Putusan Gugatan Pembatalan Penetapan Waris berdasarkan Putusan Pengadilan Tinggi Agama Padang …

Lying By Emission: Why Agencies Should Be Required To Disclose The Upstream And Downstream Environmental Impacts Of Their Projects, Reese Charles

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Preventing Poor Pore Policy: A Call For Interstate Cooperation, Madison Taylor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

Patent Law And Access To Biotechnology, Enoch Otim

Technology and Economics Law Journal

The research analyzes the use of patents in a field other than industry and how they have a wider impact than the monetary gain of the patent holder. In recent years, patents have been taken out on organisms and gene sequences, which has a flow-on effect of jeopardizing any further research in that area and possible future developments. This is a serious issue in the fast-moving field of medical biotechnology. For example, researchers patented and developed a test that utilized and identified a gene sequence that was later patented by another party. The researchers may have to discontinue the test …

The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency, Liana Pachot

Master of Arts in Human Services

In this paper, the aim is to study the relationship between adverse childhood experiences and the cause and effect that these experiences have on adolescent behavior that leads to delinquency involvement. Along with this, we will look at the impact of human services professionals, like child protective services, and their impact on these challenging behaviors and goal of decreasing recidivism. We will look at the structure of the juvenile justice system, and how human service professionals play a role in the systems that impact the adolescent delinquency population. There will also be a breakdown of what Adverse Childhood Experiences are …