Digital Commons Network^™

The Rise Of Counter-Terrorism And The Demise Of Human Rights, Fionnuala Niaolain

Articles

This lecture addressed the consolidation and expansion of counter-terrorism norms and institutions since 9/11. The rise of counterterrorism has enabled the consolidation of autocracy, sustained democratic backsliding and undermined the capacity of civil society to function across the globe. The impact on human rights has been extensive and highly detrimental to the most vulnerable individuals and groups across the world. Drawing on my work as United Nations Special Rapporteur on Counter-Terrorism and Human Rights since my 2017 appointment, the lecture shows the hard choices that must be made nationally and globally to reverse these trends.

The Impact Of Dissolved Organic Matter On Photodegradation Rates, Byproduct Formations, And Degradation Pathways For Two Neonicotinoid Insecticides In Simulated River Waters, Josephus F. Borsuah, Tiffany L. Messer, Daniel D. Snow, Steven D. Comfort, Shannon Bartelt-Hunt

UK CARES Faculty Publications

The influences of dissolved organic matter (DOM) on neonicotinoid photochemical degradation and product formation in natural waters remain unclear, potentially impacting the sustainability of river systems. Therefore, our overall objective was to investigate the photodegradation mechanisms and phototransformation byproducts of two neonicotinoid pesticides, imidacloprid and thiamethoxam, under simulated sunlight at the microcosm scale, to assess the implications of DOM for insecticide degradation in rivers. Direct and indirect photolysis were investigated using twelve water matrices to identify possible reaction pathways with two DOM sources and three quenching agents. Imidacloprid, thiamethoxam, and potential degradants were measured, and reaction pathways identified. The photodegradation …

The Validity Of Trade Restrictions On Artificial Intelligence Technology Under The General Agreement On Tariffs And Trade's National Security Exception, Isabelle Brundieck

American University International Law Review

This Comment argues that the U.S. restrictions on the export of semiconductors and other AI technology to China do not violate the General Agreement on Tariffs and Trade 1994 (GATT 1994). Instead, such measures are legitimate expressions under GATT 1994’s Article XXI national security exception, which allows a country to break other articles within the agreement if necessary to protect the country’s essential national security interests. Given the national security risks associated with the rise of AI technology and the likelihood that such technology will be supplied to a military enterprise, the current trade restrictions qualify for the exception. However, …

Amnesty Laws In Modern Peace Agreements: An Analysis Of The Northern Ireland Legacy Act Under International Law, Mckenzie Gallagher

American University International Law Review

In September 2023, the United Kingdom passed the Northern Ireland Troubles (Legacy and Reconciliation) Act (“Legacy Act”), which grants amnesty to anyone who discloses information regarding murders, disappearances, or other unsolved crimes during the period known as “The Troubles” in Northern Ireland. The Legacy Act’s amnesty provision is expected to hinder the peace process in Northern Ireland and in turn, avert accountability for serious international crimes. This Comment considers to what extent the Legacy Act’s amnesty provision violates the Good Friday Agreement, the peace accord ending decades of conflict in Northern Ireland, the European Convention on Human Rights, the United …

Seed Patents: Enabling Innovation Beyond Biological Deposits, Ellaina Sanders

American University Law Review

In J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., the Supreme Court held that new sexually reproducing plant varieties are patentable subject matter. This allowed breeders and seed companies to protect their intellectual property in new seeds by obtaining utility patents so long as they meet the other statutory requirements, such as enablement. Unlike other intellectual property protection for new plant varieties, utility patents require the patent disclosure to include enough information that a person of ordinary skill in the art could make and use the invention without undue experimentation. In In re Wands, the Federal Circuit …

Centralizing Pharmaceutical Innovation, Sapna Kumar

Articles

The United States has a mostly decentralized system for promoting new medicine development. By offering patents and regulatory exclusivities, the government incentivizes pharmaceutical companies to invent and bring to market new medicines. Although this development model offers benefits for promoting innovation, it comes at a cost: Market-based incentives lead companies to prioritize research and development (“R&D”) for medicines that offer a safe path to profitability, as opposed to those that offer the greatest social benefit. In particular, pharmaceutical companies are reluctant to invest in R&D for critically-needed antibiotics and infectious disease vaccines—both of which are difficult to develop and provide …

The Influence Of The Spanish Legal System And Socialist Legal Systems On Cuban Civil Law, María Elena Cobas Cobiella

FIU Law Review

The essay “The influence of the Spanish legal system and socialist legal systems on Cuban civil law” fulfills an old desire to analyze how the current Cuban civil law has been shaped. The work addresses the influence of the law of the former socialist countries and Spanish law in the configuration of current Cuban civil law.

Granting Rights To Rivers In The Shadow Of Extractivism, Helena Alviar Garcia

FIU Law Review

In Colombia, the Atrato River, situated in the region of Chocó, was granted rights in a 2016 ruling. More than ten other rivers have been granted rights in the following years. This judicial intervention has been influenced by other jurisdictions where rights have been granted to rivers like New Zealand and India. The article situates itself within this trend by providing a more granular, local context. In particular, the goal is to foreground the structural characteristics—specifically the historical, economic, and social centrality of extractivism—within which granting rights to nature takes place. The final objective will be to explore the possibilities …

A Woman's Right To Change Her Mind: The Abortion Pill Reversal Debate, Kelsey Perault

Belmont Law Review

This Note examines the legal, medical, and ethical controversy surrounding abortion pill reversal (APR), a protocol involving the administration of progesterone after ingestion of mifepristone in an attempt to counteract a medication abortion. After outlining the scientific and regulatory history of mifepristone, misoprostol, and progesterone, the Note surveys emerging state legislation that either mandates disclosure of APR as part of informed consent or prohibits the practice altogether. It analyzes the debate within the frameworks of off-label prescribing, medical malpractice, informed consent doctrine, and right-to-try laws. The Note argues that if abortion is legally protected as an exercise of reproductive autonomy, …

Outpatient Fall Prevention In Ambulatory Adults 65 Years Old And Over, Dorothy L. Osborne-White

Doctor of Nursing Practice (DNP) Scholarly Projects - Archive

Background: In the United States (U.S.), falls are the leading cause of injury among adults 65 and over, resulting in 36 million falls yearly (Moreland et al., 2020). According to the Centers for Disease Control and Prevention (CDC, 2023), one in four older adults experiences a fall each year. Falls are the world's second most prominent cause of accidental deaths (World Health Organization [WHO], 2021). Falls are the leading cause of both fatal and non-fatal injuries among older adults (Moreland et al., 2020).

Methods: A quality improvement project that included a fall bundle was implemented in a primary clinic. A …

The Brussels Effect And The Extraterritoriality Of Delaware Corporate Law, William J. Moon

Faculty Scholarship

This essay explores possible shareholder claims in the United States that may arise  if and when member states of the European Union implement the proposed Directive  on Corporate Sustainability Due Diligence. As a doctrinal matter, legal compliance  obligations for corporations incorporated in Delaware extend beyond the borders of  the United States. Under Delaware law, shareholders can bring viable fiduciary suits  against directors and officers when corporations violate applicable “positive law.”  This jurisprudence, principally aimed at ascertaining whether directors and officers  betrayed shareholders by engaging in or facilitating lawbreaking, is not limited to  complying with American law. As Delaware corporations expand …

Notre Dame Lawyer - 2024, Notre Dame Law School

Notre Dame Lawyer

Cover

• 17 The Legacy of Dean David T. Link

Features

• 11 Beyond the Headlines: Exoneration Justice Clinic
• 31 From the Frontlines: Global Human Rights Clinic
• 37 Special Education Law Clinic
• 03 News Briefs
• 63 Faculty News

Alumni Profiles

• 15 Walking with the Condemned: Dale Recinella
• 25 New School of Thought: Craig Watz
• 41 Helping Immigrants Find a Better Life in America: Matthew DiCianni
• 43 Answering the Call for Help: Dan and Daria Absher
• 47 A Different Kind of Lawyer: JoAnn Chávez
• 52 Driving Business Advocacy: Stephanie Maloney, Audrey Beck, Tara Morrissey
• 55 A Life of Service, Advocacy, and Courage: John …

Forensic Genetics In The Shadows, Teneille R. Brown, Sarah Duensing, Bob Wong

Utah Law Faculty Scholarship

This article examines the controversial and growing practice of law enforcement agencies searching clinical and public health genetic databases—without a warrant or consent. While police have previously used online public genealogy databases for this purpose, our article describes how they are secretly accessing private genetic information from newborn screening programs and medical tests. We argue this raises serious ethical and legal concerns, blurring the line between healthcare and law enforcement and infecting clinical encounters with the goals of prosecution. This in turn may discourage people from seeking important medical care due to distrust and privacy concerns.

To explore public attitudes …

Abortion And The Extremism Of Bright Line Rules, Teneille R. Brown

Utah Law Faculty Scholarship

Rather than eliding the workability or necessity of bright-line rules in certain domains, this Essay is a rallying cry for epistemic humility regarding what biological criteria can and cannot say. Policymakers sometimes lean on the biosciences to offer “objective” solutions to thorny
moral and legal issues. But descriptive biological data cannot answer normative questions on their own. Cloaking the theoretical, normative scaffolding in biological criteria is a disingenuous but common phenomenon I refer to as the “bio-legal mismatch.”

In this Essay, I discuss various abortion-restrictive statutes and cases to elucidate the problems with the bio-legal mismatch. Specifically, I explore the …

Health Law And Bigotry Distractions, Daniel G. Aaron, Leslie Francis

Utah Law Faculty Scholarship

Bigotry distractions are strategic invocations of racism, transphobia, or negative stigma toward other marginalized groups to shape political discourse. Although the vast majority of Americans agree on large policy issues ranging from reducing air pollution to prosecuting corporate crime, bigotry distractions divert attention from areas of agreement toward divisive identity issues. This article explores how the nefarious targeting of identity groups through bigotry distractions may be the tallest barrier to health reform, and social change more broadly. The discussion extends the literature on dog whistles, strategic racism, and scapegoating.

Drug Dealing And The Internal Morality Of Medicine, Matt Lamkin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Which practices qualify as “medical” in nature? This question has important legal implications. Every state has laws prohibiting the “unauthorized practice of medicine.” Health insurance policies generally limit coverage to procedures that are “medically necessary.” And physicians can be prosecuted as drug traffickers if they prescribe controlled substances without a “legitimate medical purpose.” Each of these questions—and many others—hinge on how medicine is defined.

As with many common terms, we all have a general understanding of what medicine is and this heuristic suffices to carry us through our daily lives without complication. Yet when called on to produce a precise …

Cognitive Content Moderation: Freedom Of Thought And The First Amendment Right To Receive Subconscious Information, Mason Marks

Scholarly Publications

In the television series Severance, employees of Lumon Industries receive brain implants that divide their memories of work and home life. When employees arrive at work, implants block access to memories of the outside world and unlock memories formed on the job. By manipulating the flow of information in employees' brains, Lumon engages in what this Article calls cognitive content moderation. Though Severance is science fiction, emerging technologies, including drugs and electronic devices, promote cognitive content moderation by influencing thought, memory, and perception. Constitutional law is unprepared. To clarify freedom of thought and make it more useful, this Article presents …

Disability, Race, And Health Beyond The Carceral State, Benjamin Barsky, Craig Konnoth, Michael A. Stein

Faculty Scholarship

No abstract provided.

Just Look At The Map: Bounding Environmental Review Of Housing Development In California, Eric Biber, Christopher S. Elmendorf, Nicholas Marantz, Moira O’Neill

Faculty Scholarship

California faces a dire housing crisis. California’s land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality’s ability to outright deny some types of housing development, local governments can and do use creative ways to stall approvals or functionally deny housing by making it infeasible to develop. One such strategy is to demand more intensive environmental review of new housing projects under the California Environmental Quality Act (CEQA) than what state law requires. …

Hierarchies Of Discrimination In Baby Making? A Response To Professor Carroll, Radhika Rao

Faculty Scholarship

No abstract provided.

Litigating The Future Of Youth’S Access To Gender-Affirming Care, Sophia Ureta-Fulan

UC Law Constitutional Quarterly

Youth should challenge limitations and prohibitions to their pursuit of gender-affirming care under the Americans with Disabilities Act (ADA) and the Equal Protection Clause of the Fourteenth Amendment (EPC). Executive orders in several states have severely limited or prohibited youths’ ability to pursue gender-affirming care. These legal schemes and policies restrict access to gender-affirming care in violation of the ADA and the EPC. This paper discusses the need for gender-affirming care, the policy landscape in the United States restricting youths’ access to gender-affirming, evaluates arguments to expand the ADA to include coverage of gender dysphoria, and explores potential EPC challenges …

The Additionality Double Standard, James Salzman, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

Carbon offsets are widely criticized for lacking additionality. The public debate, how- ever, has failed to recognize that the problem of additionality goes far beyond offsets. It arises any time the government subsidizes an activity. Programs with longer histories than offsets and far more money at stake offer valuable lessons for managing lack of additionality in offsets. The article sets out the current efforts to prove offset additionality, explains why major gov- ernment programs present comparable additionality challenges, and show why other programs’ problems of additionality are perceived as significantly different than those for offsets. We examine the toolkit used …

Property Moves: Assembling Service Streams, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

In this essay, I consider how we might retrofit property rights to meet modern urban and environmental challenges, which have foundationally rewritten property’s job description. The way forward requires attending to the beneficial services that resources provide, and to the central role of assembly (and reassembly) in generating and sustaining those service streams. To that end, I catalog a repertoire of “property moves” aimed at the moving target of resource optimization. While these moves can be pursued in limited ways within our current property framework, pursuing them in concert at scale requires ownership that is built for ongoing reconfiguration. I …

Reconciling Riverside Bayview Homes, Sackett, And County Of Maui, Stephen Johnson

Articles

Near the end of the 2022 term, the Supreme Court issued its decision in Sackett v. EPA. The case has been described as "the most important Clean Water Act case the Court has ever decided, and ... probably ... one of the most impactful environmental decisions in the Court's history."  For the fourth time, the Court interpreted the meaning of the term "navigable waters" in the Clean Water Act (CWA), and the Sackett Court narrowed the interpretation of the term in a manner that critics claim will eliminate federal protection for more than 50% of the wetlands in the United …

On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs, Ainslee Johnson-Brown

Akron Law Student Publications

This Essay argues that state abortion statutes codifying government interests in the health and welfare of the unborn trigger a constitutional right to prenatal care where adequate medical care is constitutionally required in the penal system. It explores the healthcare mandates required by the U.S. Constitution in the era before the passage of the Supreme Court’s decision in Dobbs, specifically looking at abortion access and prenatal provisions in the penological system. It then dissects abortion-related legislation passed by various states in the wake of Dobbs—emphasizing language within the legislative findings that could trigger a constitutional obligation for prenatal health in …

Dead Bodies As Quasi-Persons, Ela A. Leshem

Faculty Scholarship

No abstract provided.

Chatgpt Wrote This Title: Redefining “Human” Authorship, The Continuation Of The Black Box Problem, Deepfakes, And Ai-Generated Content Liability, Shannon Macdonald

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Comprehensive Study Of Patent Litigation In The Pharmaceutical Sector: Employing Network Theories, Graph Neural Networks, Agent Based Modeling, Bayesian Network Autocorrelation Models, Sreehas Gopinathan

Information Systems & Operations Management Dissertations - Archive

Understanding the dynamics and predictors of patent litigation is crucial in intellectual property management, especially given the competitive edge patents offer companies. Also, patents serve as both legal tools and repositories of innovation. This research delves into the complex world of patent litigation within the pharmaceutical industry, focusing on creating and applying advanced computational models to study litigation propensities. Techniques such as Graph Neural Networks (GNN), Agent-Based Modeling (ABM), and Bayesian Analysis of Network Autocorrelation Models (BANAM) are employed to explore the litigation phenomenon

Wrongful Convictions, Wrongful Prosecutions And Wrongful Detentions In India, Kent Roach

National Law School of India Review

The first part of this article examines wrongful convictions in India. In part because of the absence of a jury, appellate courts, including the apex court, are more willing to evaluate whether the evidence for a conviction is sufficient than appellate courts in other common law systems. From 2016 to 2022, the High Courts and the Supreme Court have acquitted over two hundred accused in death penalty cases alone. The willingness of appellate courts to acquit is a strength of the Indian system that should be maintained. At the same time, remedied wrongful convictions in India likely represent only the …

Emergency Surgery: A Plea For Student Debt Relief, Stephen Urciolo

Transactions: The Tennessee Journal of Business Law

No abstract provided.