Digital Commons Network^™

Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke

Faculty Publications & Other Works

Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight the pernicious perception that affirmative action is a racial preference, they allow the bulk of society to participate in the belief that there are no other remedial justifications for affirmative action-like remedying an institution's history of discrimination, or curing a school's present and ongoing discrimination by …

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

Faculty Publications & Other Works

This Artie!£ 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 inevitabw and that …

Covid-19 Sports Competition Lockdowns, Return-To-Play Decisions, And Participation Requirements: A Retrospective Review And Future Medicolegal Framework, Matthew J. Mitten, Laurel C. Montag, Abigail C. Barnett

Marquette Sports Law Review

No abstract provided.

The Kids Are All Right: Why States Should Stop Violating The Rights Of Transgender Kids, Christopher Vanderwolk

Student Works

No abstract provided.

The Opened Door To Religious Charter Schools & How To Close It, Carla Williams-Pauley

Student Works

No abstract provided.

Schools Vs. Social Media: Can Mass Litigation Reign In Big Tech And Save The Kids?, Sameer Ahmad

Student Works

No abstract provided.

Why Equal Protection? The Threat The Equal Protection Clause Poses To Icwa And The Need For A Broader Constitutional Law Canon, Patricia E. Calderone

Student Works

No abstract provided.

Prosecuting Gender Persecution: An Analysis Into The 2022 Policy On The Crime Of Gender Persecution Through Inherited Cases, Katherine Strych

Student Works

No abstract provided.

Ecocide: Does The Quest For Environmental Justice End At The International Criminal Court?, Allison King

Student Works

No abstract provided.

Organs For Sale: Does Autonomy Necessitate The Right To Commodify?, Reghan Pattwell

Student Works

No abstract provided.

Drug Testing And Cannabis Impairment In The Workplace: Exploring Employment Protections For Recreational Cannabis Users In The United States, Dana Lechleiter

Student Works

No abstract provided.

Wearable Technology In Sports And The Need For Greater Protection, Gianna D’Onofrio

Student Works

No abstract provided.

New Jersey’S Bear Hunting Policy Is Too Hunter-Friendly And Should Be Reformed, Tianyi Zhu

Student Works

No abstract provided.

Babies Behind Bars, Elissa Johnson

Student Works

No abstract provided.

A Framework For Dignity And Health: Why Transgender Prisoners Are Entitled To Gender Affirming Care And How Their Rights Should Be Protected, Rishi Sane

Student Works

No abstract provided.

Housing Transgender Inmates: A Review Of Prea Compliance And Related Legislation & Litigation, Carla Williams-Pauley

Student Works

No abstract provided.

Stop Winging It! Time For The Courts To Fly In Formation And Provide Greater Protections To Migratory Birds., Ryan Dana

Student Works

No abstract provided.

The Elephant In The Art Gallery: Why Laws And Regulations For Use Of Animals In Art Should Be Rewritten Through Both A Legal And Artistic Lens, Lori Meek

Student Works

No abstract provided.

Minding The Maid Gap: Issues In Expansion Of Medical Aid In Dying To Sole Underlying Conditions Of Mental Illness In U.S. States, Alexandra Rubino

Student Works

No abstract provided.

Getting Where They’Re Needed: The Case For A Vaccine Treaty, Christian W. Allan

Student Works

No abstract provided.

Taking Your Medicine: Insulating The Drug Price Negotiation Program From Fifth Amendment Challenge, Thomas Feil

Student Works

No abstract provided.

Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman

Scholarly Works

No abstract provided.

A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke

Washington and Lee Law Review

Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight the pernicious perception that affirmative action is a racial preference, they allow the bulk of society to participate in the belief that there are no other remedial justifications for affirmative action—like remedying an institution’s history of discrimination, or curing a school’s present and ongoing discrimination by …

The Violence Of Free Speech And Press Metaphors, Erin C. Carroll

Washington and Lee Law Review

Today, our free speech marketplace is often overwhelming, confusing, and even dangerous. Threats, misdirection, and lies abound. Online firestorms lead to offline violence. This Article argues that the way we conceptualize free speech and the free press are partly to blame: our metaphors are hurting us.

The primary metaphor courts have used for a century to describe free speech—the marketplace of ideas—has been linked to violence since its inception. Originating in a case about espionage and revolution, in a dissent written by Oliver Wendell Holmes, a thrice-injured Civil War veteran, the marketplace has been described as a space where competition …

Assessing State Invasive Species Schemes Through The Lens Of The Spotted Lanternfly, Susanna Clark

William & Mary Environmental Law and Policy Review

Invasive species have long presented an issue across the United States, and continue to do so. They have become more prevalent as the world has become more interconnected. Nonnative species are not always invasive, but many of them are. A somewhat recently introduced invasive species, the spotted lanternfly, has proven to be especially destructive and will put current invasive species laws to the test. The federal government does have some laws on the books regarding invasive species, but much of the legislation and subsequent regulations can be found at the state level. No two states have the same legal and …

Stakeholder's Divided Concerns On Issues Of Artificial Intelligence And Inventorship: Suggested Guidance To Alleviate These Concerns, Madison Mathews

Nova Law Review

No abstract provided.

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

Book Review, Mia Swart, On Bonifratròw Street: How A Boy From Lwów Escaped The Nazis (2024), Mark A. Drumbl

Scholarly Articles

On Bonifratròw Street is a book about biography, history, and law. It begins with Katz’s childhood in Lwów, Poland, before World War II. The story unwraps the backgrounds of his parents and other family members, notably his biological father, whose presence and then absence loom large in his life. The book then moves to the war. It details Katz’s life in a variety of places, including Lodz and Warsaw, among others, seen from his perspective as a teenager at the time. The book ends with Katz’s post-war emigration to the US, where he joined a distant relative. Defying odds and …