Digital Commons Network^™

Innovation Transition Success: Practice Doesn't Make Perfect, Kaitlyn Ryan, Amy M. Cox, Ethan Blake, Clay Koschnick, Alfred E. Thal Jr.

Faculty Publications

The authors of this research examine and evaluate organizational factors associated with commercialization under the Air Force Small Business Innovation Research (SBIR) program. Their objective is to improve return on investment. The data set used was the SBIR Phase II program data set, which contains information on 433 SBIR topics with closed contracts reported during Department of Defense (DoD) fiscal years (FYs) 2015 to 2018. Each data point contained characteristics of the topic, including commercialization. Military capability or topic areas were hypothesized to have varying commercialization rates. Incumbency was theorized to be a characteristic of successful programs, while increased company …

Thinking Outside The Box: Preimplantation Genetic Diagnosis, In Vitro Fertilization, And Disability Screening In The Wake Of Box V. Planned Parenthood, Christian J. Sorensen

William & Mary Bill of Rights Journal

A circuit split has recently emerged regarding the constitutionality of state laws banning trait-selective abortions, i.e., abortions based on fetal characteristics like disability. Much of the dialogue surrounding trait selection has revolved around whether such abortions are eugenic in nature and whether they could be regulated differently than other forms of abortion—under either Roe and Casey or the post- Roe regime ushered in by Dobbs. However, the same concerns underlying this debate over eugenic abortions apply with equal force to preimplantation genetic diagnosis (PGD) coupled with in vitro fertilization. Because PGD seems certain to be the next battlefield in …

The Ascension Of Indigenous Cultural Property Law, Angela R. Riley

Michigan Law Review

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …

Beyond The Narrow Harvard Model Of Legal Education: Restoring Legal Education According To The Proposals Of Valentin Tomberg, Brian M. Mccall

University of Dayton Law Review

No abstract provided.

Title Ix's Trans Panic, Deborah L. Brake

William & Mary Journal of Race, Gender, and Social Justice

Sport has long been a site of struggle over competing conceptions of social justice, with no cultural flashpoint more contested than gender. A key site of contention has been the meaning and application of Title IX. With June of 2022 marking the law’s fiftieth anniversary, Title IX has been lauded as the law that launched girls’ and women’s sports from the shadows to their present, more celebrated posture. As these anniversary tributes often emphasize, female athletic participation has soared to new heights in all levels of sports. But Title IX also houses tensions and dilemmas for gender justice that were …

What's Wrong With The Ncaa's New Transgender Athlete Policy?, Erin Buzuvis

William & Mary Journal of Race, Gender, and Social Justice

In 2022, the NCAA changed its long-standing policy permitting transgender athletes to participate in teams that correspond to their affirmed gender. For twelve years, the NCAA permitted transgender women to participate in women’s sports events under NCAA control, so long as they first underwent a year of androgen suppression. Starting in 2020, however, a political movement to ban transgender women and girls from competing in women’s sport, galvanized by backlash against a single collegiate swimmer, has challenged NCAA’s inclusive approach. Rather than demonstrate leadership and support for rights of transgender women to compete, the NCAA revised its policy to one …

Birthing Alone, Elizabeth Kukura

Washington and Lee Law Review

Throughout the COVID-19 pandemic, hospitals implemented restrictive visitor policies that have prevented many pregnant people from giving birth with their chosen support people. For some, this meant foregoing labor and delivery support by a birth doula, someone who serves in a nonclinical role and provides emotional, physical, and informational support to birthing people. Given that continuous labor support such as the care provided by doulas is associated with fewer cesareans and other interventions, less need for pain medication, and shorter labors, the promotion of doula care is a promising strategy to ease the maternal health crisis and, in particular, shrink …

Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda

Washington and Lee Law Review

State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bans

Striking down these bans …

A Proposed Tourism Cap On The Galapagos Islands: Beyond The Wildlife, Hannah M. Robertson

William & Mary Environmental Law and Policy Review

Scientists have pleaded to both Galápagos and Ecuadorian officials to impose a tourism cap on land-based tourism to protect the biodiversity of the Islands. However, these proposals have offered little to no means of addressing the economic concerns or offsetting the impact a tourism cap would have on key revenue-producing industries and locals. Because of this, proposals for land-based tourism caps have gained little traction within Ecuador and the Galápagos.

This Note should serve as a guide for assessing what tourist restrictions are possible and how those restrictions would be implemented. Part I begins with an overview of the environmental …

The Rise Of Machines: Patenting Inventions Generated By Artificial Intelligence In Canada, Morris Odeh

LLM Theses

“The rise of machines is here,” but they did not come as “rogue robots” to terminate humankind as some fictional writers predicted. Rather, they have come as inventors of human-like creativity. Therefore, this thesis examines the question of the patentability of inventions generated by artificial intelligence (AI) machines within the context of the Canadian patent system. Applying the modern principle of statutory interpretation, utilitarianism, and economic theoretical framework, this research determines whether AI-generated inventions can constitute patentable subject matter, AI systems can be inventors, and AI technology can own and exercise patent rights under the Canadian Patent Act. The thesis …

Applying Bostock: The Queer Case Against Public Single-Sex Schooling, Robert Blake Watson

The Journal of Law and Education

No abstract provided.

Gifted Tracking As A Racist Vestige Of Eugenic Thought, Lydia Robins Hendrix

The Journal of Law and Education

No abstract provided.

Defending Henrietta Lacks: Justification Of Ownership Rights In Separated Human Body Parts, Arseny Shevelev, Georgy Shevelev

Vanderbilt Journal of Transnational Law

Since the time of Moore v. Regents of the University of California, it has become a well-established and widespread view that a person, when their separated body parts are misappropriated, is forced to limit themselves to fiduciary and other non-proprietary claims against those who violate the bodily inviolability of their separated parts. Now, with the filing of a lawsuit in defense of the rights in body parts of the victim of racial discrimination, Henrietta Lacks, the judicial system has an opportunity to justify itself by adopting a different perception of rights in human body parts. This Article focuses on the …

10-Minute Ebd: Should Chipped Or Worn Dental Sealants Be Observed, Touched Up, Or Restored?, Elliot Abt Dds, Ms, Msc

The Journal of the Michigan Dental Association

This column discusses the management of chipped or worn dental sealants in a 22-year-old patient seeking a second opinion. The author explores the need for occlusal restorations, sealant repair, or no treatment for such cases. A literature search, guided by a PICO question, reveals strong evidence supporting sealant effectiveness in preventing caries. The Cochrane review found an 88% reduction in caries odds with sealants. Clinical guidelines and systematic reviews from organizations like the American Dental Association (ADA) further endorse sealant use. The column emphasizes the importance of universal sealant application and highlights challenges in their adoption, such as concerns over …

Reducing Prejudice Through Law: Evidence From Experimental Psychology, Sara Emily Burke, Roseanna Sommers

Articles

Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is legally prohibited cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that test the effect of inducing the belief that discrimination against a given group is legal (versus illegal) on interpersonal attitudes toward members of that group. We find that learning that discrimination is unlawful does not simply lead people to believe that an employer is more likely …

Rechtsstrukturvergleichung, Corinna Coupette, Dirk Hartung

Research Collection Yong Pung How School Of Law

Rechtsstrukturvergleichung untersucht die Gemeinsamkeiten und Unterschiede zwischen den Strukturen einzelner Rechtssysteme. Theoretisch verwurzelt in Systemtheorie und Komplexitätsforschung, modelliert sie Rechtssysteme als Netzwerke von Dokumenten, Organisationen und Individuen. Rechtsstrukturvergleichung nutzt Methoden der Netzwerkanalyse, um diese Netzwerke zu vermessen, ihre Veränderung über die Zeit zu beobachten und mehrere Rechtssysteme quantitativ zu vergleichen. Sie unterscheidet sich von anderen Ansätzen der Rechtsvergleichung in ihren Annahmen, Methoden und Zielen, indem sie die Abhängigkeiten zwischen den Systembestandteilen abbildet und eher datenwissenschaftliche als ökonometrische Werkzeuge einsetzt. Als neuartige Ergänzung des Methodenrepertoires der Rechtsvergleichung eröffnet die Rechtsstrukturvergleichung zahlreiche Möglichkeiten für weitere Forschung auf der Schnittstelle von Rechtsvergleichung und …

Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis

Faculty Publications

The U.S. is often characterized as a leader in innovation—a home of Nobel Prize‐winning scientists, innovators, and abundant research funding. Yet, in the area of assisted reproduction combined with genetic modification or substitution, what I call “reproductive genetic innovation,” that characterization begins to wane. This Article focuses on the regulation of mitochondrial transfer, a subset of reproductive genetic innovation. While human clinical trials related to mitochondrial transfer go forward in the U.K., the clinical use of the technique remains illegal in the U.S. due to a system of subterranean regulation by the U.S. Food and Drug Administration and a now-recurring …

Charting A Course To Conserve 30% Of Freshwaters By 2030, Sandra B. Zellmer

William & Mary Law Review

One of President Biden’s earliest executive orders established an ambitious national goal to conserve at least 30 percent of U.S. lands, waters, and oceans by 2030. The Biden administration is not alone; over 100 countries support this goal as a means of combating climate change and slowing the pace of species extinction, both of which are accelerating at a rate that is unprecedented in history.

Despite its vow to pursue a wide-sweeping, all-of-government approach, Biden’s 30 by 30 initiative overlooks a critical component of the conservation goal—it pays virtually no attention to freshwater. Freshwater ecosystems are among the most endangered …

Eye Safety In Dentistry, Marie T. Fluent Dds, Cdipc

The Journal of the Michigan Dental Association

In this article, Dr. Fluent underscores the importance of eye safety from vision loss that ended her clinical dental career. The article emphasizes the prevalence of ocular injuries in occupational settings, with about 2,000 U.S. workers suffering job-related eye injuries daily. Dental professionals face multiple eye hazards, including flying debris, chemicals, and infectious materials. Protective eyewear is crucial, with the CDC and OSHA recommending its use.

A significant concern is the "bottom gap" in protective eyewear, which exposes dental personnel to risks. The article introduces a new ANSI standard, ANSI/ISEA Z87.62-2021, to standardize eye and face protection against bloodborne pathogens …

A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor

Independent Study Project (ISP) Collection

The effects of climate change are becoming more pronounced, and they will have an increasingly destabilizing effect on societies around the globe. This research paper utilizes primary source material (e.g. interviews with field experts) and secondary source material to analyze the relationship between climate change and armed conflict, and the response of international humanitarian law. The consequences of climate change, like changing weather patterns, will increase global migration and strain the resources of host communities. This phenomenon, in addition to other climate-induced factors, may increase the likelihood of armed conflict breaking out. The case studies of the Darfur conflict in …

How Survivors Of Domestic Violence Seek Legal And Social Support Against Their Abusers In Ahmednagar District Of Maharashtra State In India: An Exploratory Study, Jonathan Israel

Independent Study Project (ISP) Collection

This exploratory study sought to gather detailed information about women’s experiences surviving and rehabilitating from domestic violence. This information was used to identify factors that encourage survivors to stay in their relationships and factors that enable them to seek legal and social support against their abusive partners. Qualitative data was gathered through a series of in-depth interviews and panel discussions with survivors of domestic violence in Ahmednagar, Maharashtra (India). This data was analyzed with guidance from Indian feminist theory, local professionals, and contributing research mentors. Further examination of national survey data, past research on domestic violence in Indian contexts, and …

Queer Liberation's Long March Towards Equality: How Lgbtqia+ Advocates May Seek To Combat The Rise Of Anti-Lgbtqia+ State-Level Legislation And Substantiate Broader Lasting Legal Protections In A Post-Bostock World, Davis J. Villano

Cardozo Journal of Equal Rights & Social Justice

The note examines the implications of the landmark Supreme Court decision in Bostock v. Clayton County, Georgia, which ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation and gender identity. While this decision represents a significant step forward for LGBTQIA+ rights, the article argues that it does not provide comprehensive protection, as evidenced by the ongoing proliferation of anti-transgender legislation and hate crimes. It emphasizes the need for legislative action, particularly through the passage of the Equality Act, to address these gaps and ensure broader legal protections for LGBTQIA+ individuals.

Fighting In The Fields: The Weaponization Of Agriculture & Its Legal Significance, Shelby Lepley

The International Law Review Association Student Forum

National prosperity depends on agricultural production for life-sustaining food, fiber, and by-products. Due to the inherent importance of the agricultural industry, it is often targeted in conflict to gain leverage against opposing forces. The Russo-Ukraine War provides a prime example of agriculture’s role during conflict, especially considering direct attacks to agricultural infrastructure and the Black Sea Grain Initiative. While this is an on-going conflict with emerging developments, this note will briefly examine the aspects of international humanitarian law and trade law that relate to the weaponization of agriculture. Furthermore, the analysis will evaluate whether there is sufficient legal deterrence to …

Colorblind Capture, Jonathan Feingold

Faculty Scholarship

We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.

The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …

Remembering Who Foster Care Is For: Public Accommodation And Other Misconceptions And Missed Opportunities In Fulton V. City Of Philadelphia, Chris Gottlieb

Cardozo Law Review

The Supreme Court’s opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case’s role in the broader culture war between religious rights advocates and those supporting LGBTQ equality has led advocates on both sides to use Fulton for their own purposes at the expense of the families the foster care system is intended to serve.

This Article explains that the most important constitutional interests at …

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea K. Schneider

Articles

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Exponential Growth Bias And The Law: Why Do We Save Too Little, Borrow Too Much, And Fail To React On Time To Deadly Pandemics And Climate Change?, Doron Teichman,, Eyal Zamir, Professor Of Commercial Law

Vanderbilt Law Review

Many human decisions, ranging from the taking of loans with compound interest to fighting deadly pandemics, involve phenomena that entail exponential growth. Yet a wide and robust body of empirical studies demonstrates that people systematically underestimate exponential growth.

This phenomenon, dubbed the exponential growth bias (“EGB”), has been documented in numerous contexts and across different populations, using both experimental and observational methods.

Despite its centrality to human decisionmaking, legal scholarship has thus far failed to account for the EGB. This Article presents the first comprehensive study of the EGB and the law. Incorporating the EGB into legal analysis sheds a …

Pushing The Needle: Vaccination Mandates In The Age Of Covid, Lucien J. Dhooge

San Diego Law Review

Recent surveys of employers indicate growing support for mandatory COVID vaccination as a condition of employment. However, employer consensus is not universal, and there remains considerable reluctance despite the Biden administration’s recently announced vaccination policies. This manuscript examines arguments against employer mandates followed by suggested strategies for employers who insist on adopting vaccination policies. The manuscript argues in favor of state vaccination mandates with a focus on the government’s unique advantages unavailable to private employers. The manuscript concludes that, despite misgivings regarding private vaccination mandates, it is time to heed the advice of the medical and public health communities and …

Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini

Jurnal Hukum & Pembangunan

Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, …

Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman

Jurnal Hukum & Pembangunan

Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to …