Digital Commons Network^™

The Fashion Industry Is Not As "Green" As It Would Like You To Believe, Ashly Riches

Duke Environmental Law & Policy Forum

No abstract provided.

Don’T Make Them Martyrs: Empowering Children In The Foster Care & Juvenile Justice Systems Through Covid-19 Vaccine Consenting Rights, Victoria Kalumbi

Minnesota Journal of Law & Inequality

No abstract provided.

Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa

Georgia Law Review

Inequities in the distribution of healthcare are widely acknowledged to plague the United States healthcare system. Controversies as to whether anti-discrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in medical care. Yet, as this Article argues, the focus of negligence law on medical standards of care to define the boundaries of healthcare providers’ legal duty of care prevents the law from adequately deterring implicit bias and leaves patients harmed by biased treatment decisions without redress for their losses, so long …

The Continued Relevance Of Domestic Partnerships In The Post-Obergefell United States, Grace J. Anderson

Minnesota Journal of Law & Inequality

No abstract provided.

“Vancouver’S Favourite Country Music Pub,” Single Room Occupancy Hotels, And The Context Of International Frameworks: Mapping Vancouver’S Urban Law And Cultural Policy, Sara Ross

Minnesota Journal of Law & Inequality

No abstract provided.

Better Than Bipoc, Meera E. Deo

Minnesota Journal of Law & Inequality

No abstract provided.

Critical Perspectives To Advance Educational Equity And Health Justice, Yael Cannon, Nicole Tuchinda

Georgetown Law Faculty Publications and Other Works

A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice’s exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students with disabilities, and those with intersecting identities. Critical perspectives focus upon and strengthen the necessary exploration of how structural …

Pov: Yes, Filling Out The Race Box On Forms Is Tiresome, But Here’S Why It Matters, Jasmine Gonzales Rose, Neda Khoshkhoo

Shorter Faculty Works

Filling out your race and ethnicity on a form may feel tiresome, and even uncomfortable. You have been checking these boxes for years, as has everyone else, and the questions may seem irrelevant.

“What does race have to do with my doctor’s appointment?” you might ask. Or a form may be inaccurate: “I’m Middle Eastern, why don’t I get a box to check?” Perhaps it feels intrusive: “How is this information going to be used?” And you may wonder, “Why are we always talking about race?”

The truth is, we need to keep talking about race. Even more than we …

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.

Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones

Dalhousie Law Journal

This article takes as a starting point the claim that anti-Black racism permeates Canadian society and finds expression in our institutions, most notably the criminal justice system. Indeed, anti-Black racism in criminal justice and its impact on Black lives are not credibly in dispute. Thus, what should concern legal scholars is the staying power or permanence of racism. In other words, should Canadian legal scholars ‘get real’ about the intractability of race? Or can anti-Black racism be effectively confronted by developing legal and evidentiary tools designed to fix, rather than dismantle, the current system? Put another way, this article aims …

A Square Double Helix In A Round Hole: Forensic Genetic Genealogy Searches And The Fourth Amendment, Matthew Sweat

Georgia State University Law Review

A forensic genetic genealogy search (FGGS) involves law enforcement’s use of consumer DNA databases to generate leads to solve cold cases. As a result of more modern technological processes, the DNA profiles kept in consumer databases are far more revealing than the DNA profiles stored in the FBI’s Combined DNA Index System (CODIS). Accordingly, each DNA profile in a consumer database can be used to identify hundreds of relatives related to the DNA’s contributor.

The government’s use of consumer DNA databases to locate the perpetrators of horrific, unsolved crimes has generated fans and critics. Supporters of FGGSs argue that, in …

First, Do No Harm: Prioritizing Patients Over Politics In The Battle Over Gender-Affirming Care, Greg Mercer

Georgia State University Law Review

The medical community’s move to reclassify gender dysphoria as a condition that results in distress rather than a mental disorder has been instrumental in destigmatizing transgender people. However, state laws that aim to strip physicians of their ability to prescribe gender-affirming care, along with physicians’ refusal to comply with federal regulations requiring access to gender-affirming care, threaten to undo those gains. Opponents of gender-affirming care attempt to wield the concept of medical judgment as both a sword and a shield—preventing physicians from exercising their medical judgment to provide gender-affirming care while simultaneously allowing physicians to abstain from providing it. Although …

Caring For Your Employees, Lance Plunkett Jd, Llm

The New York State Dental Journal

Employment laws are rapidly expanding worker opportunities and rights complicating dentists' ability to hire and retain employees in a competitive job market.

The Limitations Of Privacy Rights, Daniel J. Solove

Notre Dame Law Review

Individual privacy rights are often at the heart of information privacy and data protection laws. The most comprehensive set of rights, from the European Union’s General Data Protection Regulation (GDPR), includes the right to access, right to rectification (correction), right to erasure (deletion), right to restriction, right to data portability, right to object, and right to not be subject to automated decisions. Privacy laws around the world include many of these rights in various forms.

In this Article, I contend that although rights are an important component of privacy regulation, rights are often asked to do far more work than …

Leading Law Schools In Australia, Hong Kong & Singapore Join Hands To Form Research Alliance On Law & Sustainability To Drive Research & Teaching In The Asia-Pacific Region, Singapore Management University

SMU Press Releases and News

Singapore Management University (SMU) Yong Pung How School of Law (YPHSL); Sydney Law School, University of Sydney (USyd); and Faculty of Law, The University of Hong Kong (HKU), today announced the formation of the Asia-Pacific Research Alliance on Law and Sustainability, a first of its kind in the Asia-Pacific region, with an aim to drive law-focused research and teaching initiatives on achieving sustainability for this part of the world. The announcement was made at the inaugural Law and Sustainability Conference titled ‘Law in a hyperconnected world – joining the dots for a sustainable future’. Organised by SMU YPHSL, with the …

Comparing Gaming Regulatory Systems In Civil And Common Law Countries: How Different Approaches Can Achieve The Same Policy Goals, Anthony Cabot, António Lobo Vilela, Pedro Cortés

UNLV Gaming Law Journal

No abstract provided.

The Slayer Rule: An Empirical Examination, Fredrick E. Vars

ACTEC Law Journal

This study is the first to empirically test key assumptions underlying the slayer rule. Over a thousand survey respondents answered the question “What’s fair?” or “What would the decedent want?” in twelve different scenarios. Some of the most significant conclusions are that the slayer rule should not apply to assisted suicide, killings in self-defense, or killings due to mental illness. On the other hand, the slayer rule should be expanded beyond murder in some circumstances, such as elder abuse and neglect. And the slayer rule should be converted from a mandatory rule into a default rule, which testators could opt …

Sampled! Revisiting Fair Use And De Minimus Copying In Music Sampling, Connie Davis Nichols

The Business, Entrepreneurship & Tax Law Review

Could your favorite mash-up be an infringement under Copyright law? At one time, sound recordings featured a simplified copyright infringement analysis under the 2005 Bridgeport Music decision, which held that the Copyright Act provided copyright holders an exclusive right to sample their own work and any other sampling constituted infringement, unless it was a fair use. This decision remained intact until the VMG decision in 2016, which renewed the availability of the de minimis infringement defense in music sampling cases and held that sampling without a license did not constitute infringement so long as the sample was not recognizable by …

Buried Hope: Assessing The Future Of Carbon Sequestration In The U.S. Under The Updated 45q Tax Credit, Alden Smith

The Business, Entrepreneurship & Tax Law Review

The urgent need to combat climate change has prompted governments world-wide to explore innovative policy measures to reduce greenhouse gas emissions. One such measure is the process of carbon capture and sequestration in which carbon dioxide is captured either directly from the atmosphere or prior to its release. This article will analyze updates to the 45Q tax credit passed in the Inflation Reduction Act of 2022, in which Congress increased tax incentives for industries that use carbon capture technology. This analysis will explain carbon capture technology, survey use of the technology, and discuss the viability of the latest updates to …

Developing Model Federal Legislation To Advance Safe And Responsible Ocean Carbon Dioxide Removal Research In The United States, Romany M. Webb, Korey Silverman-Roati

Sabin Center for Climate Change Law

This model federal legislation aims to advance safe and responsible ocean carbon dioxide removal (CDR) research in U.S. waters. Controlled field trials and other in-ocean research is critical to improve scientific and societal understanding of CDR techniques that could help the U.S. reach its climate goals. However, existing legal frameworks were not designed to regulate ocean CDR and, in some cases, unnecessarily or inappropriately restrict needed research. The purpose of this proposed model legislation is to establish clear and efficient permitting regime for in-ocean CDR research. At the same time, the model legislation builds in consultation, monitoring, and other safeguards …

150 Years On: Common Sense Updates To The Mining Law Of 1872 To Address Our Changing Climate, Jake Ward-Herzik

Nevada Law Journal

No abstract provided.

Biotech Patent Eligibility: Why We Care About Conventionality, Michael J. Moedritzer

The Business, Entrepreneurship & Tax Law Review

While the cfDNA advancements of CareDx hold significant promise and life saving potential in the field of molecular diagnostics, the Federal Circuit’s decision in CareDx, Inc. v. Natera, Inc. to invalidate the patent was justifiable. The court correctly held that these inventions were directed to a natural phenomena and combined conventional techniques. The foundation of the patent system does not motivate these federally funded academic innovations and risk unwarranted high healthcare costs. With the recent White House mandate requiring tax payer funded research to be publicly available, there is also less risk for the use of trade secrets in these …

Ssrn’S Impact On Citations To Legal Scholarship And How To Maximize It, Rob Wiley, Melanie Kanpp

University of Arkansas at Little Rock Law Review

No abstract provided.

An Account Of The Deliberations Of The Faculty Committee On Academic Freedom And Unacceptable Speech, Matthew W. Finkin

Hofstra Law Review

The article focuses on the principles of academic freedom and the application of those principles in the context of faculty speech. Topics include the origins and endorsement of the 1940 Statement of Principles on Academic Freedom and Tenure, the distinction between speech as a citizen and disciplinary speech, and a proposal for revising academic freedom policies and establishing a faculty committee for adjudication.

What Went Down When You Went Under? The Performance Of Nonconsensual Pelvic Exams On Unconscious Patients, Gabriella Ferreira

Hofstra Law Review

No abstract provided.

A Hot Spit-Take: Why The Supreme Court Will Hold That There Is No Privacy Interest In Commercial Dna Data, Mounir Jamal

IP Theory

No abstract provided.

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

UC Law Constitutional Quarterly

No abstract provided.

Forgotten Parties: Shifting The Focus Of Donor Conception To Donor-Conceived Persons Through Reasonable Regulation, Tiffany D. Gardner

Mercer Law Review

In an age in which information is at our fingertips with a few keystrokes, members of the fertility industry are increasingly confronting the reality that anonymous sperm and egg donation is no longer realistic—and has not been for some time. With the advent of at-home commercial DNA testing, multiple generations are not only learning they were conceived through the use of reproductive material provided by third parties (“donors”) but also identifying those formerly anonymous donors. These revelations, and increasing advocacy by the people born of such donations (i.e., donor-conceived people) are changing the landscape of third-party reproduction around the world. …

Commentary: Nature-Based Insetting: A Harmful Distraction From Corporate Decarbonization, Nora Mardirossian, Jack Arnold

Columbia Center on Sustainable Investment

Carbon offsetting is used worldwide on a massive scale, purportedly to mitigate climate change by capturing atmospheric carbon or by increasing or protecting carbon storage. Yet, in recent years, offsetting has been increasingly criticized as a strategy that can harm Indigenous peoples and local communities, exacerbate land inequality, and, paradoxically, worsen the global climate crisis. “Carbon insetting” has emerged as an alternative approach to offsetting that localizes nature-based solutions projects and other greenhouse gas removal activities within company value chains and has been adopted by major global brands such as Nestlé, PepsiCo, and Burberry. This commentary takes a deep dive …

Connecticut Educator Insights On Building A More Effective, Diverse Educator Workforce, Madeleine Sims, Elizabeth Chu, Scheherazade Salimi, Delaney Lawson, Zoe Mitrofanis, Ivy Moore, Julia Skwarczyński

Center for Public Research and Leadership

Teachers are the strongest school-based determinant of student success. Yet at the start of the 2022-23 school year, across the state of Connecticut, over 1,200 certified staff member positions were vacant. The educator shortage was particularly acute in upper-level math and science, special education, and bilingual education.

Despite growing demand for educators in those subject areas, the number of pre-service educators pursuing those endorsements has generally remained constant or decreased between 2015-2021, suggesting that absent meaningful change, shortages will persist.

Educators, administrators, and policymakers hypothesize that the state’s current educator preparation and certification process contributes to the state’s twin challenges …