Digital Commons Network^™

Is Diversity A Value In American Higher Education?, Anthony T. Kronman

Florida Law Review

No abstract provided.

When Is A Man A Man, And When Is A Woman A Woman?, Julie A. Greenberg

Florida Law Review

No abstract provided.

Constitutional Codification Of An Environmental Ethic, John C. Tucker

Florida Law Review

No abstract provided.

Off-Label Use, Prescription, And Marketing Of Fda-Approved Drugs: An Assessment Of Legislative And Regulatory Policy, Steven R. Salbu

Florida Law Review

No abstract provided.

Counter-Majoritarian Power And Judges' Political Speech, Michael Richard Dimino Sr.

Florida Law Review

No abstract provided.

Is The Endangered Species Act Endangered In The Age Of Strict Federalism? A Florida Perspective On The Recent Commerce Clause Challenges To The Esa, Kevin M. Shuler

Florida Law Review

No abstract provided.

Moving Beyond Rhetoric, Christopher Wolfe

Florida Law Review

No abstract provided.

Unreasonable Seizure: "Stop And Identify" Statutes Create And Illusion Of Safety By Sacrificing Real Privacy, Peter Koclanes

Florida Law Review

No abstract provided.

The Feminist Misspeak Of Sexual Harassment, Linda Kelly Hill

Florida Law Review

No abstract provided.

Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer

Florida Law Review

No abstract provided.

For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell O. Chibundu

Florida Law Review

No abstract provided.

Beyond The Liberal And Communitarian Impasse: A Framework And Vision For Public Health, James F. Childress, Ruth Gaare Bernheim

Florida Law Review

No abstract provided.

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Florida Law Review

No abstract provided.

When Terrorism Threatens Health: How Far Are Limitations On Personal And Economic Liberties Justified?, Lawrence O. Gostin

Florida Law Review

No abstract provided.

Prolegomenon To A Memetic Theory Of Copyright: Comments On Lawrence Lessig's The Creative Commons, Thomas F. Cotter

Florida Law Review

No abstract provided.

Assisted Reproductive Technologies And The Pitfalls Of Unregulated Biomedical Innovation, Lars Noah

Florida Law Review

This Article suggests that the time has come to reconsider the safety and effectiveness of fertility drugs in order to combat some of the continuing problems arising from the overly aggressive use of assisted reproductive technologies, especially the health hazards associated with multifetal pregnancies. After critically assessing the arguments made by some commentators about the power of malpractice law to curb any abuses by fertility clinics and specialists, the Article concludes that the Food and Drug Administration should consider restricting or withdrawing pharmaceutical products used to induce ovulation. Although such a drastic move would not prevent the continued use of …

Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia

Florida Law Review

No abstract provided.

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero

Florida Law Review

No abstract provided.

Migrations, Citizens And Latinos/As: The Sojourner's Truth And Other Stories, Robert S. Chang

Florida Law Review

No abstract provided.

Latcritical Encounters With Culture, In North-South Frameworks, Pedro A. Malavet

Florida Law Review

No abstract provided.

The Weaponization Of Rape: Military Culture, Tactical Warfare, And Legal Justice, Claire Velte

International Relations Summer Fellows

The long-accepted narrative of wartime rape is one of inevitability, with sexual violence committed at the hands of soldiers during conflict being written off as an unavoidable side-effect of war. In reality, however, wartime rape can be systematically and tactically employed by military forces to terrorize the bodies of their enemies, often as an attempt to physically and psychologically destroy certain populations. The act itself, when employed tactically, is legally recognized as a weapon of war—and the rape of civilians by military forces was legally designated as a crime against humanity in 1993—yet rape continues to be utilized in conflict …

Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, Lee-Ford Tritt

Florida Law Review

Will construction—the process wherein a trier of fact must determine the testator's probable intent because the testator's actual intent is not clear—is too little discussed and too often misunderstood in succession law jurisprudence. Yet, construction issues are becoming increasingly important due to a growing number of will and trust disputes concerning the determination of beneficiaries in a post-Obergefell United States. Currently, courts are being asked to construe terms like "spouse," "husband," "wife," "child," "son," "daughter," and "descendants" in estate planning documents during a time in which understandings of marriage, identity, reproduction, religious liberty, and public policy are rapidly evolving. …

Maine Lobstermen And The North Atlantic Right Whale: The Ongoing Conflict And The Obvious Solution, Allison K. Briggs

Ocean and Coastal Law Journal

The majestic North Atlantic right whale is on the brink of extinction. With fewer than seventy breeding females left, every loss contributes to a decrease in biodiversity and brings us closer to an unrecognizable planet. Like most critically endangered species, the plummeting number of North Atlantic right whales is a direct result of human activity. Specifically, gear used by the lobster fishing industry is entangling and killing right whales off the coast of Maine. The federal Endangered Species Act, meant to protect vulnerable species like the North Atlantic right whale, is violated every time the State of Maine permits Maine …

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …

Impact Assessment And Responsible Business Conduct Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society, And Indigenous Groups, Sara L. Seck, Charlotte Connolly, Penelope Simons, Audrey Axten

Responsible Business Conduct and Impact Assessment Law

This toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).

Unravelling Inventorship, Toshiko Takenaka

Chicago-Kent Journal of Intellectual Property

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventor- to-file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …

What Nations Owe Each Other Before The Next Pandemic, Lawrence O. Gostin, Kevin A. Klock, Sam F. Halabi, Katie Gottschalk, Katherine Ginsbach, Kashish Aneja

Georgetown Law Faculty Publications and Other Works

On December 1, 2021, the World Health Assembly adopted a resolution establishing an Intergovernmental Negotiating Body (INB) to determine the content and form of a new pandemic agreement. A portion of the public has advocated for a non-binding agreement while others stress that nationalism should be prevented, with steps taken to monitor and enforce national compliance. The INB has needed to grapple with how the principle of national sovereignty, and the accompanying principle of non-interference, will be addressed with respect to the agreement’s content and form, including obligations to share data, resources, and personnel, and to relinquish control over certain …

Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Brett M. Frischmann, Michael J. Madison, Madelyn R. Sanfilippo, Katherine J. Strandburg

Faculty Publications

The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But scholars know that abundance is an ancient phenomenon, which only seemed to disappear as twentieth century social science focused on scarcity instead. Restoring the study of abundance, and figuring out how to solve the problems that abundance might create, means shedding disciplinary blinders and going back …

Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum

Buffalo Law Review

Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their doorsteps far sooner than originally anticipated, a prospect for which policymakers and legal scholars are presently unprepared.

Global and national demographic change threaten to cause far-reaching dislocations, and local municipalities, too, will be asked to reckon with the aftermath. Yet local governance in the United States has long …

Analisis Sewa Rahim (Surrogate Mother) Menurut Hukum Perdata Dan Hukum Islam, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Uterus rent (Surrogate Mother) appeared due to the process of modernization, But due to the process of renting the uterus then problems arose in the field of law and religion. From the problems that arise due to the practice of renting the uterus, it is necessary to study that discusses the rental of the uterus according to Islamic law. Problems in this study are the reasons that are allowed or not allowed to perform uterine lease as well as the legal status of children born through uterine lease according to Islamic law. The results of research and discussion show …