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Articles 2161 - 2190 of 39052
Full-Text Articles in Entire DC Network
Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost
Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost
Honors Program: Senior Projects (Public)
In this paper, I will explore the eugenics movement as a pseudo-scientific political, social, and legal phenomenon which had a devastating historical impact on America’s most vulnerable women, as well as briefly discuss its residual effects on contemporary reproductive rights conversations, through the lens of literature. Using an interdisciplinary discourse and narrative analysis approach, I identify two distinct themes within the explored narratives: (1) the importance of a government’s attempt to override a person’s autonomy by destroying the person’s ability to reproduce, and (2) the impropriety of actions based on a negative attitude toward disabled or undesirable persons. In my …
The Road To Hell Is Paved With Good Intentions: Deinstitutionalization And Mass Incarceration Nation, Corinna Barrett Lain
The Road To Hell Is Paved With Good Intentions: Deinstitutionalization And Mass Incarceration Nation, Corinna Barrett Lain
William & Mary Law Review
They say that the road to hell is paved with good intentions, and our failed implementation of deinstitutionalization in the 1970s is a prime example of the point. In this symposium contribution—a response to Jeffrey Bellin’s book Mass Incarceration Nation—I offer a historical account of deinstitutionalization of state mental hospitals, tracing how severely mentally ill patients were discharged from state hospitals and eventually made their way back to secure beds, but in our nation’s jails and prisons instead. Mental health and mass incarceration are not separate crises, I argue, but rather interconnected problems with an interconnected past that require …
Sabin Center For Climate Change Law Annual Report 2023, Sabin Center For Climate Change Law
Sabin Center For Climate Change Law Annual Report 2023, Sabin Center For Climate Change Law
Sabin Center for Climate Change Law
This year the Sabin Center for Climate Change introduces its first annual report, which highlights and synthesizes our cutting-edge research and innovative engagements in 2023.
Incremental Improvement Of The Patentability Standard Of Nonobviousness, Kayla Siletti Brown
Incremental Improvement Of The Patentability Standard Of Nonobviousness, Kayla Siletti Brown
Fordham Law Review
Patents incentivize innovation, but the face of innovation has changed over the past several decades. Patent law is adapting to the radical growth of the pharmaceutical and biotechnological industries, which produce drugs and biologics respectively. Research and development in these fields is largely incremental—new products are often derived from existing products. However, patents do not protect “obvious” improvements, those that anyone skilled in the relevant scientific field could have discovered through predictable, routine work. The line between incremental R&D and routine, obvious improvements is difficult to draw. The U.S. Court of Appeals for the Federal Circuit and the Patent Trial …
Climate Zoning, Christopher Serkin
Climate Zoning, Christopher Serkin
Vanderbilt Law School Faculty Publications
As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in- crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and …
Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott
Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott
Faculty Scholarship
The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …
Impaired, In Pairs, Cristina Carmody Tilley
Impaired, In Pairs, Cristina Carmody Tilley
Faculty Publications
Rape, like many other one-on-one aggressions, can be treated as both a crime and a tort. But neither body of law responds effectively to these aggressions. Criminal rape prosecution is notoriously difficult, and civil rape suits are notoriously rare. Today, as private law theorists have begun to study tort’s potential to drive social justice on issues of race, gender, and class, it is an ideal time to reassess the terms of civil liability for intimate injury. Culture has long limited “real rape” to premeditated, stranger-on-stranger, aggression. Consequently, tort has long categorized what this Essay terms “non-collaborative sex” as an intentional …
Come, Let Us Reason Together, Hon. Kent A. Jordan, James J. Brudney
Come, Let Us Reason Together, Hon. Kent A. Jordan, James J. Brudney
Jurist in Residence Lectures
In his lecture, Judge Kent A. Jordan emphasizes the critical importance of civil discourse in addressing complex legal and social issues. He explores the dangers of abandoning reasoned debate for heated rhetoric and the negative impacts this can have on the legal profession and society at large.
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Don't Swab Me!: Limitations Of The Genetic Information Privacy Act In The Modern Genetic Testing Landscape, Ibrahim Al-Gahmi
Don't Swab Me!: Limitations Of The Genetic Information Privacy Act In The Modern Genetic Testing Landscape, Ibrahim Al-Gahmi
New Mexico Law Review
In an age where consumers can easily obtain genetic tests by simply sending a saliva or cheek swab sample through the mail and learn more than ever about their DNA and its genetic makeup, it is imperative that measures are established to provide consumers with both control and protection to the privacy of their submitted biological sample and analyzed genetic data. Currently, the landscape of genetic testing, and the resulting genetic information, is regulated by one law in New Mexico. The Genetic Information Privacy Act (NM-GIPA or Act), enacted in 1998, provides general prohibitions on the collection of genetic information …
Sackett V. Environmental Protection Agency, Meridian Wappett
Sackett V. Environmental Protection Agency, Meridian Wappett
Public Land & Resources Law Review
In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Misinformation, Social Media, And Opportunities For Content-Based Regulation Within The Constraints Of The United States Constitution's Free Speech Guarantee, Leslie Gielow Jacobs
Misinformation, Social Media, And Opportunities For Content-Based Regulation Within The Constraints Of The United States Constitution's Free Speech Guarantee, Leslie Gielow Jacobs
University of the Pacific Law Review
No abstract provided.
While Waiting For Capital To Rain, Matthew Dimick
While Waiting For Capital To Rain, Matthew Dimick
Buffalo Law Review
No abstract provided.
The Santa Clara, 2024-02-16, Santa Clara University
The Santa Clara, 2024-02-16, Santa Clara University
The Santa Clara
No abstract provided.
Sackett V. Environmental Protection Agency, 143 S. Ct. 1322 (2023), Juliann Grace Dodd
Sackett V. Environmental Protection Agency, 143 S. Ct. 1322 (2023), Juliann Grace Dodd
Ohio Northern University Law Review
No abstract provided.
An "F" In Judicial Education: Why Emerging Technologies And New Risks Demand Judicial Education Reform, Kevin Thomas Frazier J.D., M.P.A.
An "F" In Judicial Education: Why Emerging Technologies And New Risks Demand Judicial Education Reform, Kevin Thomas Frazier J.D., M.P.A.
Ohio Northern University Law Review
No abstract provided.
Another Missed Opportunity To Adopt A Universally Accepted Maritime Treaty, Raul (Pete) Pedrozo
Another Missed Opportunity To Adopt A Universally Accepted Maritime Treaty, Raul (Pete) Pedrozo
International Law Studies
In March 2023, an intergovernmental conference adopted the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). Inspired by a resurgence of the New International Economic Order (NIEO), the BBNJ Agreement contains numerous provisions that will have the practical effect of making ratification of the agreement untenable for the industrialized nations. Similar provisions were included in the original Part XI of the United Nations Convention on the Law of Sea (UNCLOS). As a result, industrialized nations refused to sign or …
International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo
International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo
International Law Studies
This article analyzes a 2023 maritime incident in which the Chinese Navy Ship (CNS) Ningbo employed active sonar in the vicinity of His Majesty’s Australian Ship (HMAS) Toowoomba, while knowing that Toowoomba had divers in the water. The Chinese sonar caused injuries to the Australian divers. The article discusses the employment of acoustic devices to cause harm during peacetime and analyzes whether CNS Ningbo’s actions constituted a failure of "due regard" and other applicable legal regimes and norms. The article concludes that CNS Ningbo’s actions were an unlawful use of force and failed to demonstrate due regard, and that …
Lex Ai Sebagai Tata Kelola Kecerdasan Buatan Sui Generis Di Indonesia, Ferdinand Lisaldy, Ismail ,, Dewi Iryani
Lex Ai Sebagai Tata Kelola Kecerdasan Buatan Sui Generis Di Indonesia, Ferdinand Lisaldy, Ismail ,, Dewi Iryani
Technology and Economics Law Journal
Kecerdasan Buatan atau Artificial Intelligence (AI) secara perlahan menjadi bagian dari kehidupan manusia di dekade ketiga abad ini. Berkembangnya inovasi-inovasi berbasis AI dalam bidang-bidang tertentu seperti perangkat lunak pembantu navigasi, rekayasa gambar, chatbot serta perangkat keras berbasis AI seperti yang digunakan perangkat yang memampukan orang lumpuh dapat berjalan kembali adalah bukti-bukti nyata perkembangan pengunaan AI dalam kehidupan. Seiring perkembangannya, dapat muncul pula masalah-masalah hukum terkait penggunaan AI seperti misalnya masalah etika, keadilan hukum, proses hukum yang adil, kekayaan intelektual, hingga keamanan data pribadi. Untuk memitigasi masalah hukum, perlu dikembangkan suatu tata kelola atas kecerdasan buatan. Penelitian ini adalah penelitian yuridis …
Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford
Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford
Scholarly Works
Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.
Redefining Disproportionate Arrest Rates: An Exploratory Quasi-Experiment That Reassesses The Role Of Skin Tone, Soren G. Brockdorf
Redefining Disproportionate Arrest Rates: An Exploratory Quasi-Experiment That Reassesses The Role Of Skin Tone, Soren G. Brockdorf
Doctoral Dissertations and Projects
The New York Times reported that Black Lives Matter was the third most-read subject of 2020. These articles brought to the forefront the question of disparity in arrest rates for darker-skinned people. Questioning arrest disparity is understandable because virtually everything known about disproportionate arrest rates has been a guess, and virtually all prior research on disproportionate arrest rates is questionable because of improper benchmarking (the denominator effect). Current research has highlighted the need to switch from demographic data to skin tone data and start over on disproportionate arrest rate research; therefore, this study explored the relationship between skin tone and …
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Tennessee Journal of Law and Policy
No abstract provided.
Symposium: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science
Tennessee Journal of Law and Policy
No abstract provided.
Evolving Trends In Forensic Science, Margaret A. Berger
Evolving Trends In Forensic Science, Margaret A. Berger
Tennessee Journal of Law and Policy
No abstract provided.
The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo
The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo
Tennessee Journal of Law and Policy
No abstract provided.
Legitimizing Discrimination Against Trans Employees, Natalie Hrubos
Legitimizing Discrimination Against Trans Employees, Natalie Hrubos
Tennessee Journal of Law and Policy
No abstract provided.
Today’S Pirates: Biopiracy, Biotech, And The International Frameworks That Are Not Up To The Challenge., Katy Rotzin
Today’S Pirates: Biopiracy, Biotech, And The International Frameworks That Are Not Up To The Challenge., Katy Rotzin
UC Law Science and Technology Journal
This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against widespread biopiracy due to ineffective cross-cultural application of relevant treaties and differing domestic approaches to intellectual property frameworks. This paper examines the World Intellectual Property Organization, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, The Convention on Biological Diversity, The Bonn Guidelines, and The Nagoya Protocol. This …
Autonomy And Free Thought In Brain- Computer Interactions: Review Of Legal Precedent For Precautionary Regulation Of Consumer Products, Sadia Khan, Daniel Cole, Hamid Ekbia
Autonomy And Free Thought In Brain- Computer Interactions: Review Of Legal Precedent For Precautionary Regulation Of Consumer Products, Sadia Khan, Daniel Cole, Hamid Ekbia
UC Law Science and Technology Journal
The expanding use of neurotechnologies in consumer products increases the risks to human rights such as autonomy and free thought. While potentially beneficial in clinical applications, technologies such as brain implants and EEG-enabled wearable devices pose serious concerns about mental and psychological manipulation of human beings. In the US in particular, law and policy are lagging behind technical developments, thereby increasing the risks of abuse and misuse from commercial neurotechnologies. This article focuses on commercial neurotechnologies, which are distinct from medical neurotechnologies for clinical diagnoses, and seeks to guard against human rights risks to users by overcoming that regulatory gap. …
A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain
A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain
Wyoming Law Review
During Colonization, American Indian tribes lost homes, language, and culture. The Native American Grave Protection and Repatriation Act (NAGPRA) was passed to help rebuild the relationship with American Indian tribes after it had been destroyed during colonization. NAGPRA sets forth laws regarding the repatriation of remains and cultural objects which are being held in museums and by federal agencies. The legislative history behind this act shows Congress worked hard to find the best device to help with repatriation. However, NAGPRA’s language left holes in the law which led to different issues argued in litigation. Many American Indians began feeling that …