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Introduction: Access To Healthcare Symposium, Yvonne F. Lindgren

Faculty Works

The four Articles in this Access to Healthcare symposium edition address the different ways that the U.S. healthcare delivery system is failing marginalized communities, including individuals who are disabled, who are birthing, who are women of color or represent another marginalized group, or who live in poverty. The result is a rich conversation that uncovers the complex systems that contribute to unequal access to health care and unjust disparities in health outcomes in the United States.

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Three Megatrends In The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

Since the establishment of the Paris and Berne Conventions, the international intellectual property regime has encountered two world wars, struggled with several global pandemics, welcomed dozens of newly independent nations and interacted with a wide variety of technologies and innovative practices. Although this regime progressed only slowly for the larger part of its first century, it saw major transformation in the past four decades, including the adoption of the WTO TRIPS Agreement.

Written in commemoration of the centennial of the American Branch of the International Law Association, this article identifies three megatrends to illuminate the magnitude and ramifications of such …

The Policy Of Plastic Waste Reduction: A Case Of Kanagawa Zero Plastic Waste Declaration, Yoshiyuki Nobusawa

Japanese Society and Culture

Marine plastics and microplastics become the global problem. In Japan the mandatory charge for a plastic bag was introduced as the plastic measure. Kanagawa Prefecture, located in Japan's metropolitan area, has implemented advanced plastic measures. Therefore, this paper considers Kanagawa zero plastic waste declaration and the efforts of local governments concurring with the approved. Therefore, this paper considers Kanagawa zero plastic waste declaration and the efforts of the local government approving．Kanagawa is divided into four areas: urban areas, coastal areas, inland, and mountainous region. This paper analyzes the method for zero plastic waste.

Sanak Value In Women’S Land Inheritance Rights: Case Study On Women Inheritance Land Rights In Karangpakuan, Sumedang, West Java, Patricia Beata Kurnia

The Indonesian Journal of Socio-Legal Studies

Karangpakuan Village is one of the villages in Sumedang, West Java, which territory was broken up into multiple parts by the government, as part of its land was submerged in the framework of the creation of the Jatigede Reservoir. Karangpakuan Village is one of the traditional Sunda Priangan villages, in which traditional customary inheritance norms based on bilateral kinship values are still practiced – despite the Islamic background of the community. These bilateral kinship values influence inheritance practices as these are not based on gender, but divided equally while considering other criteria, such as the number of children in the …

Pelestarian Ekosistem: Urgensi Pengaturan Sanksi Pemulihan Bagi Spesies Dalam Kejahatan Terhadap Satwa Liar, Britha Mahanani Dian Utami

Jurnal Hukum & Pembangunan

Law Number 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems has never been revised while the development of science and technology has influenced a paradigm shift in the protection of biodiversity. The proposal of Commission IV of the House of Representatives to propose a revision of Law Number 5 of 1990 was approved in the Plenary Session as a 2021 Priority Bill. However, in the draft Biodiversity Conservation Bill, recovery is still oriented towards the recovery of the area, while not yet regulating recovery for species that are victims of crime. This paper argues that the regulation …

An Examination Of Legal Responses By United States To Technological Advances In Organized Drug Smuggling, Abdulwahab Aldossary

Symposium Projects

No abstract provided.

The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani

The Indonesian Journal of Socio-Legal Studies

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …

Open Your Eyes: Teaching And Learning About Anti-Asian Racism And The Law In Canada, Angela Lee

Dalhousie Law Journal

Recently, policymakers, institutional actors, and the public have made greater efforts towards being attentive to issues relating to anti-racism and discrimination, as well as equity, diversity, and inclusion more broadly, prompted in part by growing calls for reconciliation with Indigenous peoples and the increasing visibility of the Black Lives Matter movement. Yet, there has been a relative dearth of attention paid to the specific ways in which anti-Asian racism manifests and is maintained, particularly in the Canadian context. More than just being a relic of the past, antiAsian racism is an ongoing phenomenon both within and beyond Canada’s borders, as …

In Consideration Of The Behavioral Health Of Police, Meret S. Hofer, Jennifer Rineer

Law and Contemporary Problems

No abstract provided.

The Accidental Innovation Policymakers, Rachel E. Sachs

Duke Law Journal

Health care policymakers in the United States, particularly at the federal level, have recently considered a range of proposals that would lower prices for prescription drugs. The pharmaceutical industry and many politicians have argued that these proposals would harm innovation incentives, resulting in fewer new drugs coming to market in the future. This Article identifies and explores a key problem with this argument: that it is typically deployed both accidentally and asymmetrically in nature. Specifically, this Article considers previous changes to health laws that had the impact of increasing innovation incentives by providing large new subsidies to pharmaceutical companies—chiefly the …

Causation And Conception In American Inventorship, Dan L. Burk

Duke Law & Technology Review

Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result, the speculation leads to a more fruitful inquiry about the role of causation in the law of inventorship. U.S. law has almost entirely disregarded causation in determining inventorship, with very few exceptions, some of which are surprising. In this essay, I examine those exceptions to inventive causality, the role they play in determining inventorship, and their effect in excluding …

Public School Teachers Who Refuse To Use Preferred Names And Pronouns: A Brief Exploration Of The First Amendment Limitations In K-12 Classrooms, Suzanne Eckes

ConLawNOW

This article focuses on whether a teacher has a First Amendment right under both the free speech and free exercise clauses of the U.S. Constitution when refusing to use a student’s preferred name or pronoun in a public school classroom. The article begins by briefly summarizing a recent case from Kansas and then examines prior precedent involving teachers’ classroom speech and teachers’ rights to freely exercise their religious rights in public schools. It then briefly highlights how these issues have been addressed in previous pronoun cases and concludes with a discussion of related constitutional issues.

Symposium: The Future Of Reproductive Rights: Reevaluating Regional Law Reform Strategies After Dobbs, Jamie R. Abrams

ConLawNOW

This article studies the triad of 2016 social media campaigns known as “#AskDr.Kasich,” “#askbevinaboutmyvag,” and “#PeriodsforPence” to garner insights to inform the vital work of regional law reform in a post-Dobbs America. While these campaigns, each located in the regional mid-South, were motivated by restrictive state abortion bills, they uniquely positioned menstruation and women’s bodies at the center of their activism—not abortion alone. They leveraged, as a political fault line, the contradiction of these states’ governors’ perceived disgust relating to basic women’s reproductive health, relative to their patriarchal assuredness in regulating and controlling women’s bodies. In so doing, they …

Silencing Students: How Courts Have Failed To Protect Professional Students’ First Amendment Speech Rights, Shanelle Doher

Washington and Lee Law Review Online

Over the past two decades, social media has dramatically changed the way people communicate. With the increased popularity of virtual communication, online speech has, in many ways, blurred the boundaries for where and when speech begins and ends. The distinction between on campus and off campus student speech has become particularly murky given the normalization of virtual learning environments as a result of the COVID 19 pandemic. In Tinker v. Des Moines Independent Community School District, the Supreme Court clarified that students retain their First Amendment rights on campus but that schools may sanction speech that materially and substantially …

Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

Both law-making and legal interpretation involve a hermeneutic process of negotiating prejudices. Through confronting a text and engaging in the process of question and answer, an interpretation is obtained, representing a mixture of the legal horizon set by the law and the negotiated prejudices of the interpreter. A just application of legal texts only occurs due to the prejudices formed through an individual and a social consciousness. This Article focuses on the hermeneutic process in judicial decisions as exposed by differing judicial approaches based on the degree of law-making authority undertaken by the judiciary. Then, this Article demonstrates the explicit …

Symposium: The Future Of Reproductive Rights: Dobbs And Unenumerated Parental Custody Rights And Interests, Jeffrey A. Parness

ConLawNOW

This article addresses issues involving custodial parents after Dobbs. It first briefly describes the federal constitutional right to an interest in custodial parentage under pre-Dobbs U.S. Supreme Court precedents. It finds few precedents on defining parents at birth and no precedents on defining parentage arising from post-birth acts. The paper then reviews Dobbs, particularly its varying takes on unenumerated constitutional rights. Finally, it explores how Dobbs should influence future precedents on federal constitutional custodial parentage that arises either at birth or after birth. It urges federal courts to expand custodial parentage in light of societal changes in …

The Shadow Of Success: How International Criminal Law Has Come To Shape The Battlefield, Gabriella Blum

International Law Studies

The rise of international criminal law (ICL) has undoubtedly contributed to the development and enforcement of international humanitarian law (IHL). Yet, there are also important and oft-overlooked ways in which it has done the opposite. By labeling certain violations of the laws of war as “criminal” and setting up dedicated mechanisms for prosecution and punishment of offenders, the content, practice, and logic of ICL are displacing those of IHL. With its doctrinal precision, elaborate institutions, and the seemingly irresistible claim of political and moral priority, ICL is overshadowing the more diffuse, less institutionalized, and more difficult to enforce IHL.

But …

Offshore Wind Energy Or Domestic Seafood? How The Department Of The Interior Can Facilitate Both Through Self-Binding Procedures, Adele Irwin

St. John's Law Review

(Excerpt)

The United States has many identities, including that of a coastal nation. With the largest Exclusive Economic Zone (“EEZ”) in the world, the United States has jurisdiction over more human activity in the ocean than any other country. Like people in most coastal nations, Americans are drawn to the ocean. Almost forty percent of the population lives in coastal counties that constitute less than ten percent of the nation’s land mass, and 58.3 million jobs and more than $9.5 trillion of gross domestic product are attributable to ocean resources annually. These figures have increased over time.

The diverse industries …

Climate Discrimination, Duane Rudolph

Catholic University Law Review

This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …

Toothless Trade? Implications Of The Federal Circuit’S Clearcorrect Decision For The Enforceability Of Intellectual Property Protections In Digital Trade Under Usmca, Alissa Chase

Catholic University Law Review

Digital trade is growing faster than trade in goods and services and comprises a key area for innovation and intellectual property concerns. The United States-Mexico-Canada Agreement (“USMCA”) acknowledged this development by including chapters devoted to both digital trade and intellectual property. In 2015, the Federal Circuit held that the International Trade Commission (“ITC”) does not have jurisdiction over unfairly traded digital goods. Without exclusion orders issued by the ITC, the United States lacks a powerful tool to enforce the USMCA provisions protecting intellectual property in unfairly traded digital goods. This comment explores the implications of the Federal Circuit’s 2015 ClearCorrect …

Mmu: 03/20/23–03/26/23, Student Bar Association

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A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond, Laura Barrera

Journal of Civil Rights and Economic Development

(Excerpt)

The stakes could not be higher in immigration court—families are separated; people are banished from their communities with little hope of ever legally returning; judges relegate individuals to seemingly arbitrary and indefinite detention in remote locations. Each of these hardships—and more—flow from the threat of deportation. As the Supreme Court noted in 1922, deportation “may result . . . in . . . all that makes life worth living.”

As has been the unfortunate norm in civil proceedings, many individuals face these trials without an attorney by their side because while the law states that respondents in immigration court …

Examining Uranium Mining In The Canyon Mine, Kasha Halbleib

Pace Environmental Law Review

In November 2020, Energy Fuels changed the name of one of its uranium mines from “Canyon Mine” to “Pinyon Plain Mine” in order to put distance between the mine and its historical controversies. However, changing the name does not change the potential harm the mine can cause. Canyon Mine sits fifteen miles from the rim of the Grand Canyon and is built on land sacred to the nearby Havasupai Tribe. The mine stands to not only destroy the health and well-being of the Havasupai people by contaminating their water supply with radioactive elements, but also to destroy the sacred ties …

Doing Death Work: A Mixed Method Examination Of Imprinted Events And Behavioral Responses Of Medical Examiner's Office Employees, Elizabeth L. Gilmore, Kevin Buckler

Qualitative Criminology (QC)

"This study provides a qualitative and quantitative data analysis from interviews of current and former employees of medical examiner offices. These employees’ current and former positions required that they arrive at scenes of natural, accidental, suicidal, undetermined, and homicidal deaths, document and retrieve the decedent(s), and assist in eviscerating the remains to aid forensic pathologists during autopsy procedures. The authors interviewed 14 current or past employees of different medical examiner offices to understand what they liked and disliked about this curious profession and aimed to understand professional struggles. Additionally, study participants answered questions about imprinted events, how they and colleagues …

Treating Criminal Justice-Involved Serious Mental Illness (Smi) Clients In The Community, Brittany Hood

Qualitative Criminology (QC)

With criminal justice-involved individuals with serious mental illness (SMI) at an all-time high in the criminal justice system, research on community mental health centers (CMHCs) demonstrates a lack of treatment for justice-involved persons. Scholars have argued that providing appropriate treatment to criminal justice-involved individuals with SMI could alleviate symptoms. Therefore improving the effectiveness of mental health treatment to reduce recidivism in this population is paramount. The current study used a qualitative approach to examine how community service providers perceived organizational-level variables and legal constraints to influence treatment decisions for justice-involved individuals with SMI. Findings suggest three critical implications for policy …

Stop The Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy

University of Cincinnati Law Review

No abstract provided.

A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez

University of Cincinnati Law Review

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa R. Lee, Robert S. Chang, Fred T. Korematsu Center For Law And Equality, Teamchild, Washington Association Of Criminal Defense Lawyers

Fred T. Korematsu Center for Law and Equality

In re the Personal Restraint of Keonte Smith, Petitioner.

Towards Meaningful Research And Engagement: Indigenous Knowledge Systems And Great Lakes Governance, Deborah Mcgregor, Nicole Latulippe, Rod Whitlow, Kristi Leora Gansworth, Lorrilee Mcgregor, Stephanie Allen

Articles & Book Chapters

For thousands of years, Indigenous peoples governed their relations in the Great Lakes region, guided by distinct political, legal, governance, and knowledge systems. Despite historic and ongoing exclusion of Indigenous peoples from Great Lakes governance in the Canadian context and other assaults on Indigenous sovereignty, authority, jurisdiction and responsibilities, Indigenous peoples have maintained their relationships with the Great Lakes. In recent years, Indigenous knowledge systems (IKS) have made inroads in Great Lakes governance, thanks primarily to First Nation political advocacy. However, it remains a challenge to include Indigenous knowledge and implement approaches that bridge Indigenous and Western ways of knowing. …