Digital Commons Network^™

Accounting For The Selfish State: Human Rights, Reproductive Equality, And Global Regulation Of Gestational Surrogacy, Claudia Flores

Chicago Journal of International Law

Gestational surrogacy is a relatively new method of procreation made possible by advances in assisted reproductive technology (ART). In gestational surrogacy, a woman (gestational carrier) gestates a fetus that is often biologically unrelated to her on behalf of a third party. While this form of procreation has often been celebrated for allowing infertile and fertility-challenged persons to parent biological offspring, it has also prompted a series of complex human rights-related debates. Inconsistent and extreme state responses to gestational surrogacy have led to myriad tragedies: states have arrested gestational carriers, forced carriers to raise children born through the process, denied individuals …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Survey Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2022 through May 31, 2023, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. Two of the cases described herein, Slosberg v. Giller and Hall v. Davis Lawn Services, Inc., are decisions of the Supreme Court of Georgia. Effective July 1, 2017, the Georgia General Assembly enacted O.C.G.A. § 15-3-3.1, which provides that the Georgia Court of Appeals has appellate jurisdiction over cases relating to wills and trusts. However, …

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

The Lawlessness Of Sackett V. Epa, William W. Buzbee

Case Western Reserve Law Review

No abstract provided.

Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen

Articles

In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China’s 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; …

Sackett And The Continued Atomization Of The Clean Water Act, Robert W. Adler

Case Western Reserve Law Review

No abstract provided.

Sackett V. Epa And The Regulatory, Property, And Human Rights-Based Strategies For Protecting American Waterways, Erin Ryan

Case Western Reserve Law Review

No abstract provided.

Friends With Co-Benefits: Defending The Epa’S Consideration Of Co-Benefits When Promulgating Clean Air Act Regulations, Casey E. Lindstrom

Case Western Reserve Law Review

No abstract provided.

Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo

Faculty Scholarship

When can scientific findings from experimental psychology be confidently applied to legal issues? And when applications have clear limits, do legal commentators readily acknowledge them? To address these questions, we survey recent findings from an emerging field of research on research (i.e., metaresearch). We find that many aspects of experimental psychology’s research and reporting practices threaten the validity and generalizability of legally relevant research findings, including those relied on by courts and policy-setting bodies. As a case study, we appraise the empirical claims relied on by commentators claiming that implicit bias deeply affects legal proceedings and practices, and that training …

The Impact Of Religion And Religious Organizations, Elizabeth A. Clark

BYU Law Review

Legal scholars often see religion as a mere private preference, choice, value, or identity with no more meaning or positive social impact than any other preference, choice, value, or identity. If anything, religion’s negative impacts are often highlighted. For example, a focus on the harms of religion often underlies contemporary legal debates about religious exemptions and tensions between religious rights and LGBTQ rights or reproductive rights. Conversely, scholars in other fields have documented religion’s distinctive pro-social features, proposing mechanisms by which religion has unique positive impacts on individuals, families, and society. While recognizing that, for its practitioners, religion has its …

Healthcare Reparations In California, Chelsea J. Gaudet

San Diego Law Review

The Reparations Task Force has recommended several key areas in which the state of California can offer reparations for its systemic abuse of African Americans. The Interim Report issued by the Task Force highlights the discrepancy in health outcomes for White Californians versus Black Californians and attributes the difference not just to inequitable access, but also to a special compounding effect of physical and mental stress suffered solely by Black Californians as a result of systemic and personal environmental racial discrimination.

This Essay discusses the unique aspects of “weathering” and the insidious effect of racial bias in research meant to …

Affirming And Supporting Black Women’S Lactation Agency As Redress, Dorothy Couchman

San Diego Law Review

This Article opens with Truth baring her breasts for four reasons. First, for many women like Truth who survived enslavement, lactation was a specifically gendered and racialized site of atrocity. Under chattel slavery in the United States, enslaved women were prevented from breastfeeding their infants as needed, compelled to wean their children far too early at the demands of their enslavers, or made to wet-nurse their enslavers’ White children in place of their own. This lactational coercion was part of a larger atrocity of reproductive abuse perpetuated against enslaved women.

Second, as Truth notes, enslaved women’s children were harmed when …

Eksekusi Objek Jaminan Fidusia Sebagai Suatu Perbuatan Melawan Hukum: Tinjauan Terhadap Putusan Pengadilan Negeri Medan Nomor 167/Pdt.G/2021/Pn Mdn Dan Putusan Pengadilan Tinggi Tanjung Karang Nomor 93/Pdt/2022/Pt Tjk, Rahmandika -, Lauditta Humaira

Lex Patrimonium

The provisions for the execution of fiduciary security objects are regulated in Law Number 42 of 1999 on Fiduciary Security which allows fiduciary obligee to unilaterally execute fiduciary security objects based on the inherent executorial title which means execution can be directly exercised without going through a court and is final and binding on the parties. The Constitutional Court through Decision Number 18/PUU-XVII/2019 changed the meaning of the executorial title so that the execution of the fiduciary security certificate must be exercised and apply the same as the execution of a court decision that has permanent legal force, unless there …

Three Tests For Bias Arising From The Design Of Primary Election Ballots In New Jersey, Samuel S.-H. Wang, Hayden Goldberg, Julia Sass Rubin

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Episode 5: Fair's Fair, Sara Gras

Season 01

One of the most commonly expressed objections to the inclusion of trans athletes is that it is fundamentally unfair, particularly to cis women and girls, to compete against trans women and girls. While this cultural belief may be ubiquitous, the science behind it is far from black and white. Without any substantive, multi-sport studies that include trans youth, much of the "evidence" of unfair advantage is merely inferred from other studies of biological difference. But with so much on the line for an already-marginalized community, we should be wary when anyone tries to justify exclusion solely on loose correlations between …

The "Nonministerial" Exception, Athanasius G. Sirilla

Notre Dame Law Review

In 2014, Charlotte Catholic High School declined to continue Lonnie Billard’s employment as a substitute drama teacher after he publicly announced, via Facebook, that he and his same-sex partner were getting civilly married. Billard sued the school in the Western District of North Carolina for unlawful employment discrimination under Title VII of the Civil Rights Act due to his sexual orientation. The district court granted summary judgment in favor of Billard. The court first held that the high school’s actions could constitute unlawful sex discrimination in light of the Supreme Court’s ruling in Bostock v. Clayton County. The district court …

National Legal Models To Regulate Scrubbers Washwater, Shams Al Din Al Hajjaji

Loyola of Los Angeles International and Comparative Law Review

According to the findings of this study, nations should adopt uniform regulations regarding the discharge of washwater from exhaust gas cleaning systems into their ports, territories, and Exclusive Economic Zones. Scrubbers are used by ships to reduce their emissions of greenhouse gases so they can adhere to the International Maritime Organization’s limit on the sulfur content of ship fuel. The global upper limit was 0.5% in January 2020. Scrubber washwater is discharged into the ocean by ships. Toxic substances are present in the washwater for the scrubbers. The level of washwater for the scrubbers is governed by the 2008 and …

Episode 4: Title Ix, Sara Gras

Season 01

This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, …

Fertility Fraud In The Land Of Lincoln: Why Illinois Must Pass Comprehensive Legislation To Address Donor Fraud In Artificial Insemination, Megan R. Garofalo

DePaul Law Review

No abstract provided.

Environmental And Natural Resources Law Symposium: Assessing The August 2023 Amendments To The Waters Of The United States Rule In The Wake Of Sackett V. Epa, Ryan Day

Maurer Law Events

In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden …

Intellectual Property And “The Lost Year” Of Covid-19 Deaths, Madhavi Sunder, Haochen Sun

Georgetown Law Faculty Publications and Other Works

Protecting intellectual property (IP) is a question of life and death. COVID-19 vaccines, partially incentivized by IP, are estimated to have saved nearly 20 million lives worldwide during the first year of their availability in 2021. However, most of the benefits of this life-saving technology went to high- and upper-middle-income countries. Despite 10 billion vaccines being produced by the end of 2021, only 4 percent of people in low-income countries were fully vaccinated. Paradoxically, IP may also be partly responsible for hundreds of thousands of lives lost in 2021, due to an insufficient supply of vaccines and inequitable access during …

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

Efficiency, Equity, And Data As Private Property, Zvikomborero Chadambuka

Seton Hall Law Review

No abstract provided.

Expert Knowledge, Democratic Accountability, And The Unitary Executive, Barry Sullivan

Fordham Law Review

Proponents of the “unitary executive” theory hold that “all federal officers exercising executive power must be subject to the direct control of the President.” But how, as a constitutional matter, should such presidential control be defined, and how should it be effectuated? Unitarians are not united. Kevin H. Rhodes and Professor Steven G. Calabresi identify at least three distinct versions of the theory, which reflect a diversity of responses to those questions. The strongest or most aggressive version (which may also find the least support in the relevant jurisprudence) holds that the President may “supplant any discretionary executive action taken …

Libertarianism And The Common Law, Allen Mendenhall

Belmont Law Review

What are the qualities and characteristics of the common law that feature or reflect libertarianism? The common law is both a historical phenomenon and an active process or a juridical mode of settling disputes. Therefore, a precise answer to questions about the compatibility between libertarianism and the common law is difficult to articulate. This Essay describes elements of the common law - both its manifestation in history and its theoretical approaches to judging - that illuminate its libertarian attributes and tendencies. It suggests that the common law has epistemological importance as a kind of bottom-up ordering based on traceable patterns …

Tiktok Is Not Your Doctor: Reprioritizing Consumer Protection In Pharmaceutical Advertisement Regulation, Nora Klein

Belmont Law Review

This Note will examine DTCA in the context of DTC telemedicine companies, with a focus on the proliferation of such advertisements on social media platforms. Part I discusses the intertwining forces that have led to the prevalence of DTC telehealth advertising on social media. Part II introduces the current regulatory scheme applicable to DTCA, and explains the First Amendment protections afforded to commercial speakers. Part III explores why DTC telemedicine companies are not subject to the regulations applicable to DTCA generally, as well as the implications stemming from the current lack of oversight. Finally, Part IV proposes a solution to …

Expert Report Of Dr. David Cecelski, David S. Cecelski

North Carolina Civil Rights Law Review

No abstract provided.

Affect Theory, The Perceived Impact Of Judicial Diversity, And The Gender Pay Gap In The Irish Legal Profession, Caoimhe Kiernan

Books/Book Chapters

This chapter investigates how affect theory can be used as a framework when examining judicial diversity, along with how affect theory can be used to help explore the impact of increasing gender diversity on the Irish bench. This chapter will first examine the current gender pay gap in the Irish legal profession, the status of women in Ireland throughout the 20th Century, recount the women’s movement of the 1960’s and 1970’s and discuss the appointment of the first women judges to Irish courts. Affect theory will then be explored, including how affect theory can be applied as a framework when …

Not So Obvious: Patent Examiners Need Advanced Tools To Support United States Innovation, Steve Zelezny

University of the Pacific Law Review

No abstract provided.

The Federal Circuit’S Experimental Prism, Jeremy W. Bock

Fordham Law Review

Whether the U.S. Court of Appeals for the Federal Circuit is succeeding in its role as the steward of decisional patent law has been the subject of considerable debate and many empirical studies for the past forty years. Based on these studies, some observers have expressed skepticism of the utility of that court’s exclusive, nationwide jurisdiction over patent appeals. But the substantial body of empirical literature on the Federal Circuit has been viewed largely from a single vantage point, one that attributes any negative or undesirable outcomes to the court’s specialization. This Article argues that there is another way to …