Digital Commons Network^™

Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb

Pace Law Review

Chris Rabb is a family historian, author, and thought leader at the intersection of social identity, civic innovation, and equity. This is a lightly edited transcript of his 2023 Dyson Distinguished Lecture delivered at the Elisabeth Haub School of Law at Pace University on October 25, 2023.

Fintech Lending In India: Taking Stock Of Implications For Privacy And Autonomy, Vidushi Marda, Amber Sinha

Indian Journal of Law and Technology

In the last five years, the Fintech sector has thrived in India, with Machine Learning (ML) driven credit scoring based on alternative data, emerging as a growing segment. The credit scoring industry in India needs to be viewed in light of a careful examination of rights, inclusion, appropriate safeguards and discrimination, currently missing from the discourse and practices. In this paper, we explain how ML-based credit scoring works, and the regulatory and commercial factors that have enabled and impeded its growth in India. Through legal and technological analysis, richened by insights from qualitative interviews with entrepreneurs and practitioners, we provide …

Power And Knowledge In Policy Evaluation: From Managing Budgets To Analyzing Scenarios, Frank Pasquale

Law and Contemporary Problems

No abstract provided.

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Should Environmental Protection Be Through Anthropocentric Rights?, Christen Maccone

Pace Environmental Law Review

Environmental constitutional rights are increasingly used as a strategy to protect the environment, with more than seventy countries acknowledging environmental rights in their constitutions. However, constitutions are inherently anthropocentric, making environmental rights created therein of- ten inseparable from human rights. This paper will examine how environ- mental constitutional rights are insufficient due to the anthropocentric nature of constitutions and argue for the need for a more biocentric approach.

Embracing The Flow: The Right To Menstrual Health As A Response To Climate Change Impacts In South Asia, Lea Kuhlmann

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Reality Of Assisted Reproductive Technology: A Call For The Prohibition Of Donor Anonymity, Gisell Mondragon

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson

University of Miami Inter-American Law Review

Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …

The Quick And The Dead (And The Transported), Manushag N. Powell

ABO: Interactive Journal for Women in the Arts, 1640–1830

In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14^th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This …

Sovereign Lands, Brent D. Chicken, Amanda J. Dick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

On Liberty: From Due Process To Equal Protection—Dobbs’ Impact On The Transgender Community, Emily Kaufman

University of Miami Race & Social Justice Law Review

Liberty has been a bedrock principle of American democracy from the time of our nation’s founding and is the norm that charters our nation’s existence. Liberty was the motivation driving the colonists’ rebellion against tyranny in order to establish a nation that would preserve liberty, at all costs. The preamble of the Constitution explicitly classifies every subsequent article’s purpose, to secure the blessings of liberty.

This note will touch on the concepts of personal liberty in the context of abortion in the landmark case Dobbs v. Jackson Women’s Health Org, and the implications of this case on the transgender community. …

Challenging Florida’S Parental Rights In Education Act, Aka The “Don’T Say Gay” Law: Finding Equality Through Equal Protection Doctrine, Nelson Garcia

University of Miami Race & Social Justice Law Review

No abstract provided.

Supreme Court Overreach Through Broad Discretionary Consideration Of Ameliorative Measures In International Child Abduction, Lauren Mayell

Global Business Law Review

This Note provides a critical analysis of the United States Supreme Court's recent decision in Golan v. Saada--a case setting precedent in the area of international child abduction by biological parents. It argues that the Supreme Court oversteps the presiding law in the field through the use of discretionary ameliorative measures. These ameliorative measures do not show evidence of protecting children from grave risk, directly usurp underlying custody proceedings, and hinder expeditious procedures, all of which are required by law in international child abduction cases. Additionally, this Note compares the European Union's approach to ameliorate analysis. Lastly this Note …

Unclear Guidelines From The Sentencing Commission And A Prejudiced Warden Result In (Un)Compassionate Release, Mary Trotter

Journal of the National Association of Administrative Law Judiciary

Congress first developed compassionate release in 1984, granting federal courts the authority to reduce sentences for “extraordinary and compelling” reasons. Compassionate release allows the Federal Bureau of Prisons (BOP) and inmates to apply for immediate early release on grounds of “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.” Questions remain about how the BOP and the courts grant compassionate release and whether the courts apply the compassionate release guidelines consistently. The uncertainty is due to the lack of clarity from the USSC to define “extraordinary or compelling circumstances,” …

Euthanizing The Profoundly Mentally Incapacitated: A Simple Economic Analysis, Bernard A. Eskandari

Tennessee Journal of Law and Policy

No abstract provided.

Jurisprudential Underpinnings Of Law, Especially International Law: The Basis For True Progress And Reform, Morse Hyun-Myung Tan

Tennessee Journal of Law and Policy

No abstract provided.

The Unborn Victims Of Violence Act: Addressing Moral Intuition And The Right To Choose, W. Derek Malcolm

Tennessee Journal of Law and Policy

No abstract provided.

Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui

Cleveland State Law Review

This lecture critiques Dobbs v. Jackson Women’s Health Organization and assesses its implications for liberty and equality. Dobbs’ immediate effect was major disruption to abortion rights. In the longer term, by discarding fifty years of precedent and by basing constitutional rights exclusively on long-standing history and tradition, Dobbs jeopardizes liberty and equality rights that the Court has recognized in the late twentieth and early twenty-first centuries. Such modern liberty rights include contraception, interracial marriage, adult sexual intimacy and same-sex marriage. Modern equality rights include strong bars on discrimination based on race and sex, and moderate protections for LGBTQ+ status. …

Care Work, Jennifer Nedelsky

Articles & Book Chapters

Care is routinely provided both as a commodity (paid care) and as unpaid care, usually by women. Virtually all care is treated as of low value, and care givers, paid and unpaid, are seen as low status. This devaluing of care and those who do it make care a major part of hierarchy and inequality. I argue that the solution is not more commodification (like wages for housework), but a norm of universal, unpaid care-giving. This would be made possible by a corresponding norm of limiting paid work to 30 hours a week. Part Time for All: A Care Manifesto …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

Fordham Lawyer, No. 22 - Winter/Spring 2023, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Rising Threat - Deepfakes And National Security In The Age Of Digital Deception, Dougo Kone-Sow

Cybersecurity Undergraduate Research Showcase

This paper delves into the intricate landscape of deepfakes, exploring their genesis, capabilities, and far-reaching implications. The rise of deepfake technology presents an unprecedented threat to American national security, propagating disinformation and manipulation across various media formats. Notably, deepfakes have evolved from a historical backdrop of disinformation campaigns, merging with the advancements of artificial intelligence (AI) and machine learning to craft convincing but false multimedia content.

Examining the capabilities of deepfakes reveals their potential for misuse, evidenced by instances targeting individuals, companies, and even influencing political events like the 2020 U.S. elections. The paper highlights the direct threats posed by …

Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb

Journal of Food Law & Policy

Since the eighteenth century, animal well-being remains a concern for American citizens. Yet, underlying this concern is the thought that while humans should not be cruel to animals, animals are still private property subject to human ownership. Therefore, multi-faceted questions of what constitutes “animal welfare” find a place in modern American debate. One such question becomes: should the producer or the consumer define welfare practice standards of animals raised for human consumption?7 This note provides an answer to this question by first analyzing the robust history of animal welfare in the United States, along with the domestic and international impact …

The Prospect Of Offshore Wind Energy According To The Inflation Reduction Act Of 2022, Sean Gaffney

North Carolina Journal of Law & Technology

No abstract provided.

Surveilling Big Tech: Navigating Censorship Concerns And Consumer Protections In Florida’S Digital Bill Of Rights, Daniel C. Self

North Carolina Journal of Law & Technology

No abstract provided.

When Tobacco-Free Products Are Tobacco Products: Major Questions Behind Fda Regulation Of Synthetic Nicotine E-Cigarettes, Daniel Moysaenko

Case Western Reserve Law Review

No abstract provided.

Gene-Edited Crops And Food And The Bold Path Forward In U.S. Trade Agreements, Matthew Schaefer

North Carolina Journal of International Law

No abstract provided.

On Inmates And Friendship, Jared Deeds

William & Mary Bill of Rights Journal

That humanity both cherishes friendship and finds it to be fundamental for its own good should be reason enough to justify its legal protection. Yet, there is a serious deficiency of legal discourse on the rights and liberties of friends in America’s courts. In the absence of such discourse—perhaps partially because of it—friendship as a social institution experiences a lack of legal protection in the United States. Though all friends may be exposed to abuses as a result of deficient safeguards, inmates and their unincarcerated friends suffer with particular severity.

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Part I of this Note will further discuss the …

A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson

North Carolina Law Review

No abstract provided.

The Role And Relevance Of Investment Treaties In Promoting Renewable Energy Investments, Ladan Mehranvar, Lisa E. Sachs

Columbia Center on Sustainable Investment

Co-authors Ladan Mehranvar and Lisa Sachs discuss the effect of investment treaties as catalysts for critical investments in the energy transition, with a particular focus on the Spanish renewable energy cases. The book chapter, "The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments," is featured in Investment Arbitration and Climate Change, published by Kluwer Law International B.V.