Digital Commons Network^™

Elements Of The Criminal Minds, Kelsie A. Esposito Ms.

Honors Undergraduate Theses

Studying human behavior and societal dynamics has captivated scholars across time. From ancient philosophers like Plato to contemporary researchers, the quest to comprehend our distinctiveness and the mechanisms that enable harmonious coexistence remains paramount. This thesis examines the enigmatic realm of the “criminal class,” looking at their identity and actions and the cognitive processes underpinning their behavior. Focusing on violent criminal offenders, this thesis seeks to provide greater meaning and understanding of the criminal mind.

Racing And Erasing Parental Rights, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Kinship Care And Adoption Myopia, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Environmental Justice As Environmental Human Rights, John H. Knox, Nicole Tronolone

Vanderbilt Journal of Transnational Law

For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways.

First, it presents the most detailed restatement of environmental human rights law yet published. International human rights bodies have developed a robust environmental jurisprudence setting out concrete obligations on States, including procedural obligations to provide public access to environmental information, decision-making, and remedies, substantive obligations to adopt and enforce effective environmental …

Federal Enforcers Signal Heightened Scrutiny Of Algorithm Use To Inform Pricing Decisions, Lohr A. Beck, Carley H. Thompson

Emory Business Law Review

No abstract provided.

Drug Addiction, Insanity, And Competency: How The Halimi Case Galvanizes A U.S.-Inspired Reform Of France's Criminal Responsibility System, Ruben Attia

Cardozo International & Comparative Law Review

The Halimi case, culminating in a verdict from the Court of Cassation in April 2021, has ignited intense and contentious debates on criminal responsibility, leading to a profound erosion of public trust in the French judicial system. This Note delves into the urgency of addressing the issues presented by Halimi and emphasizes the necessity for innovative approaches within the French legislative framework. Striking a delicate balance between permitting the trial of controversial cases and upholding the age-old moral duty of excluding the mentally insane from guilty verdicts, this Note compares the intricacies of criminal responsibility in France with those in …

Tackling The Thicket: A Comparative Analysis Of Biologic Drugs And Biosimilars In The United States And Abroad, Lauren Cutler

Cardozo International & Comparative Law Review

The note examines the legal and regulatory landscape surrounding biologic drugs and biosimilars in the United States and Europe, focusing on patent protections, litigation trends, and the impact of biosimilar competition on drug pricing. It highlights the challenges posed by patent thickets and evergreening strategies employed by brand-name biologic manufacturers, which delay biosimilar market entry and maintain high drug prices. The analysis underscores the differences in regulatory frameworks and market dynamics between the U.S. and Europe, emphasizing the need for policy reforms to enhance competition and affordability in the biologic market.

Against The Current: Charting A New Course For Human Rights In Sustainable Fisheries Management, James H. Stitt

Cardozo International & Comparative Law Review

The note advocates for a paradigm shift in fisheries management, moving beyond Western-centric regulatory frameworks to a holistic, human rights-based approach that integrates sustainable development, biodiversity conservation, and social justice. It emphasizes the critical role of small-scale fisheries and Indigenous communities in achieving ecological and economic sustainability, arguing that their traditional knowledge and practices are essential for effective resource management. The analysis highlights the limitations of existing international frameworks, such as the United Nations Convention on the Law of the Sea (LOSC) and the Code of Conduct for Responsible Fisheries (CCRF), in addressing the needs of small-scale and Indigenous fishers. …

Law And Identity: Whether The 2013 Amendments To The Sex Discrimination Act Are Laws With Respect To External Affairs, Joshua Paul Anderson

Theses

The external affairs power under the Australian Constitution gives the Commonwealth Parliament the power to pass legislation that implements the obligations in bona fide treaties to which Australia is a party, provided that the legislation is reasonably appropriate and adapted to that purpose.

The Sex Discrimination Act 1984 (Cth) (‘SDA’) was passed to implement the UN Convention on the Elimination of All Forms of Discrimination Against Women (1981) (‘CEDAW’). There has never been any serious doubt that the SDA, as originally passed, is a valid law with respect to external affairs. The SDA was progressively amended to prohibit discrimination on …

The Life Of International Law Is Not Logic But Experience, David Lefkowitz

Philosophy Faculty Publications

Justice Oliver Wendell Holmes Jr. famously maintained that ‘the life of the law has not been logic: it has been experience.’ Holmes’ statement suggests an antecedent question: what is the life of the law? This article construes this question ontologically. What gives law life? What animates it, and in so doing warrants the claim that law contributes to the production of social order in a particular community? The answer, I contend, is that law lives, or exists, only in those societies where law rules, and law rules only when the exercise of political power is conducted under the supervision of …

Incentivizing Innovation In The Realm Of Social Goods: Patent Law's Unintended Inhibiting Effect On Environmental Technological Advancement, Ethan Graham

Cardozo Arts & Entertainment Law Journal

The note argues that while Direct Air Capture (DAC) technology holds significant potential to address climate change by removing carbon dioxide from the atmosphere, its development and deployment are hindered by the gatekeeping mechanism of patents. These patents, though intended to incentivize innovation, often stifle progress by restricting access to critical technologies. The analysis highlights the urgency of climate action, the limitations of current legal frameworks, and the need for policy reforms to accelerate DAC innovation and mitigate global warming.

Colonizing Queerness, Jeremiah A. Ho

All Faculty Scholarship

This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …

Infinite Queerness And American Settler Colonialism, Jeremiah A. Ho

All Faculty Scholarship

In Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes For Racial Reform, the late Derrick Bell refined his theory of racial progress in the United States by merging his interest convergence and racial sacrifice theses into a theoretical “two-sided coin” he called “racial fortuity.”¹  Bell’s original interest convergence thesis posited that racial progress for Blacks would only occur if their interests in obtaining equality for themselves and the interests of the dominant White establishment in granting such equality “converged.”²  This theory famously underpinned Bell’s interpretation of Brown and the Supreme Court’s eagerness to overturn …

Still Problematic, Even Post-Settlement: Florida’S “Don’T Say Gay” Law And The Federal Constitution, Catherine Jean Archibald

Chapman Law Review

Florida’s “Don’t Say Gay” Law, officially part of the Parental Rights in Education Act, came into force in 2022. As amended in 2023, this law prohibits classroom instruction on sexual orientation or gender identity for children in pre-kindergarten through the eighth grade, and forbids any instruction on sexual orientation or gender identity that is not “age-appropriate or developmentally appropriate” for children in any grade.

From the start, this law was controversial and was challenged in court as a violation of the U.S. Constitution. In March 2024, a settlement agreement was reached in a lawsuit challenging the law, providing clarification on …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Aducanumab, Accelerated Approvals & The Agency: Why The Fda Needs Structural Reform, Matthew Herder

Articles, Book Chapters, & Popular Press

The US Food and Drug Administration’s controversial decision to grant accelerated approval to aducanumab (Aduhelm), a therapy for Alzheimer’s disease, has motivated multiple policy reforms. Drawing upon a case series of other drugs granted accelerated approval and interviews of senior FDA officials, I argue that reform should be informed but not defined by aducanumab. Rather, structural reforms are needed to reshape FDA’s core priorities and restore the regulatory system’s commitment to scientific rigor.

Preservation Through Transformation: An Interpretive Analysis Of Title Vii’S Failure To Secure Remedy For The Wrongs Of Workplace Sexual Harassment, Halle Rudman

CMC Senior Theses

The establishment of Title VII of the Civil Rights Act of 1964 as federal law was a pivotal moment in the pursuit of workplace equality and eradication of discrimination. Unfortunately, the application of Title VII in sexual harassment cases has fallen short of the statute’s noble intentions. In this paper, I argue that the judicial treatment of Title VII has been disloyal to its original purpose, perpetuating systemic inequalities and hindering progress towards gender equality in the workplace. I first establish a framework for the reasonable construction of a statute, drawing on work from various legal theorists to establish three …

Heritable Genome Editing, And The Future Of Novel Reproductive Technologies, Kerry L. Macintosh

Faculty Publications

This Article compares human reproductive cloning (HRC) and
heritable genome editing (HGE) to identify factors that encourage bans
on novel reproductive technologies. HRC drew legislative opposition
in part because it involved asexual reproduction and was incorrectly
associated with copying. HGE and other technologies that involve
sexual reproduction do not have those problematic qualities. HRC also
became entangled with research in which human embryos were cloned
to be harvested for their stem cells. HGE did not because scientists
learned how to create and edit pluripotent stem cells without creating
embryos. However, the legal history of HRC predicts that reproductive
technologies strongly …

Sword Or Shield? The Weaponization Of Title Ix Against Transgender Athletes, Jacqueline Brant

Minnesota Journal of Law & Inequality

No abstract provided.

The Practice Of Small Island Developing States On The Consent Regime For Marine Scientific Research: Developing And Reframing The Law Of The Sea In Changing Circumstances, Luciana Fernandes Coelho

World Maritime University Ph.D. Dissertations

The 1982 United Nations Convention on the Law of the Sea (LOSC) seeks to reconcile competing interests in marine scientific research (MSR) within areas under national jurisdiction through the consent regime. Amidst the heightened focus on the limited capacity of Small Island Developing States (SIDS) to undertake the necessary MSR to maintain their livelihoods, it has been suggested that the consent regime for MSR could offer support in enhancing the scientific and technological capabilities of SIDS. However, the framework's fitness for purpose in light of changing circumstances has been questioned. Within this context, this thesis analyzes the influence of SIDS …

The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier

Faculty and Staff Scholarship

This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.

Aba Standard 303(C) And Divisive Concepts Statutes And Regulations: Challenges And Opportunities, Andrew King-Ries, Karen Tokarz, Becky L. Jacobs, Sherley Cruz, Kendall Kerew, Carwina Weng

Faculty Law Review Articles

This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303(c), including the implications of and interactions between Standard 303(c) and divisive concepts laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of  Standard  303(c) and Standard 303(b)(3), which addresses professional identity formation; discusses opportunities to adapt current curriculum and teaching and create new curricular responses to meet the new accreditation standards and interpretations; and explores ways to resist increasing limitations and find a supportive academic community to sustain hope and resilience.

Elements Of The Criminal Mind, Kelsie A. Esposito Ms.

Honors Undergraduate Theses

Studying human behavior and societal dynamics has captivated scholars across time. From ancient philosophers like Plato to contemporary researchers, the quest to comprehend our distinctiveness and the mechanisms that enable harmonious coexistence remains paramount. This thesis examines the enigmatic realm of the “criminal class,” looking at their identity and actions and the cognitive processes underpinning their behavior. Focusing on violent criminal offenders, this thesis seeks to provide greater meaning and understanding of the criminal mind.

The Game-Changer: Legal Issues Surrounding Wearable Technology In Sports, Jack Vande Berg

SMU Science and Technology Law Review

Athletes and teams are always seeking to gain a competitive edge, and the emergence of wearable technology has provided them with biometric data that provides new insights into performance. The market for wearable technology has been growing at a rapid pace in recent years and is projected to continue on an upward trajectory through the end of the decade. Governing bodies of sport at a professional and amateur level have adapted regulations for the use of this new technology and the data it produces. This article provides an overview of these current regulations, and then discusses three pressing legal issues. …

Tailoring Biometric Innovation To Privacy Law In The Retail Industry, Bailey White

SMU Science and Technology Law Review

Biometric data technology is trending in retail. Retailers utilize biometric data to improve their bottom line through virtual try-on technology (VTOT), contactless payment methods, fingerprint scanners, and more—albeit at potentially steep prices. Many types of biometric technology used in retail fall under strict U.S. state privacy laws, exposing businesses to serious legal and financial consequences. This Comment provides an analysis of the current state of biometric data privacy law in the U.S., focusing on Illinois’ Biometric Information Privacy Act (BIPA), California’s Consumer Privacy Act (CCPA), Privacy Rights Act (CPRA), and more. This Comment also identifies proposed legislation, relevant case law, …

Western Feminism Before And After October 7, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

In this interview, I provide my view on the state of Western feminism before and after the assault on Gaza. The interview includes discussion of the various strands of emergent feminisms in the West and some of their offshoots as they appear in Palestine in the context of Israeli colonialism and resistance to it.

Transitioning To Regenerative Agriculture One French Fry At A Time, Alexia Brunet Marks

Publications

Regenerative agriculture—a farming practice that sequesters atmospheric carbon dioxide (CO2) into the soil—has potential to turn into big business in this climate crisis. If farmers can accurately measure the amount of trapped carbon in their soil, they can sell that stored carbon as a “carbon credit,” a tradeable certificate representing the right to emit one metric ton of carbon dioxide (CO2) or the equivalent amount of another greenhouse gas. As more than seventy countries race to cut greenhouse gas emissions by 2050 in order to meet Paris Agreement1 goals, carbon credits are becoming the “new currency” to meet or exceed …

Introduction To The Symposium On Rabiat Akande, "An Imperial History Of Race-Religion In International Law", S. James Anaya, Adrien K. Wing

Publications

No abstract provided.

Solidifying Students' Right To Gender Expression, Scott Skinner-Thompson

Publications

No abstract provided.

Speech Regulation And Tobacco Harm Reduction, Jonathan H. Adler, Jacob James Rich

Faculty Publications

Part I of this essay describes what is currently understood about the relative health risks of ENDS [electronic nicotine delivery systems] and other vaping products, particularly as compared to combustible cigarettes.

Part II of this essay describes the current regulatory regime governing tobacco products and how this regime has been applied to ENDS and other vaping products.

Part III of this essay explains how the FDA’s regulatory regime hampers the ability of ENDS manufacturers to inform consumers about the relative risks of their products and the potential use of ENDS as smoking cessation aids.

Part IV explains why this regulation …