Digital Commons Network^™

Why Do You Care About My Hair? A Proposal For Remedying Hair Discrimination In The Workplace On A Federal Level, Grayson Moronta

Cardozo Law Review

No abstract provided.

Whither Rationality, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.

“This Lawsuit Smacks Of Racism”: Disinformation, Racial Coding,And The 2020 Election, Atiba R. Ellis

Louisiana Law Review

The essay exposes racism in the lawsuit filed by then U.S. President Donald Trump's campaign that led to the 2021 Capitol Insurrection, discusses racial coding and voting rights realism and considers disinformation events and voter fraud myth on racist conduct during the 2020 presidential election.

This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron

Richmond Public Interest Law Review

This article utilizes an intersectional approach to examine the causes and

realities of the dismal state of pregnancy-related healthcare in the United

States, highlighting the disparate impact on Black pregnant people. The

enslavementand brutalization of Black women in the U.S. demonstrates how

American society systematically devalues Black health, especially reproductive

health. The impacts of this horrific history persist today, resulting in the

American healthcare system utterly failing Black mothers and pregnant people

of all gender identities. This article surveys this history and presents policy

solutions to improve maternal health outcomes for all, but especially

Black individuals, including proposed pieces …

Pembaruan Hukum Perlindungan Hak Atas Kesehatan Reproduksi Perempuan Di Indonesia, Aulia Nabila, Yunita Desmawati

Jurnal Hukum & Pembangunan

The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are …

Volume Introduction, I. Glenn Cohen, Timo Minssen, W. Nicholson Price Ii, Christopher Robertson, Carmel Shachar

Other Publications

Medical devices have historically been less regulated than their drug and biologic counterparts. A benefit of this less demanding regulatory regime is facilitating innovation by making new devices available to consumers in a timely fashion. Nevertheless, there is increasing concern that this approach raises serious public health and safety concerns. The Institute of Medicine in 2011 published a critique of the American pathway allowing moderate-risk devices to be brought to the market through the less-rigorous 501(k) pathway,1 flagging a need for increased postmarket review and surveillance. High-profile recalls of medical devices, such as vaginal mesh products, along with reports globally …

Moralitas Publik Sebagai Dasar Pembenar Terhadap Kewajiban Sertifikasi Halal Produk Makanan Di Indonesia Berdasarkan Gatt-Wto 1994, Neni Ruhaeni, Eka An Aqimuddin, Hadian Afriyadi

Jurnal Hukum & Pembangunan

In principle, World Trade Organization (WTO) prohibit each member states to make policy, both tarrif and non tarrif, which potentially disturb international trade. Nevertheless, there are exceptions that can be used by the state as a basis for justification to hold trade policy which consider contratry to WTO law. One of them is to protect public morality. The Halal Product Assurance Act (UUJPH) stipulate obligation of halal certification for food products that enter, circulate and trade in Indonesia. This act is considered as a protective and discriminatory policy. This research founds that although some provisions in UUJPH are discriminatory and …

Laws Governing Manslaughter By Food Safety Crimes In The United Kingdom, Australia, Bangladesh And India: A Critical Review, S M. Solaiman

North Carolina Journal of International Law

No abstract provided.

Advanced Directives And Pregnancy: A Comparison Between The Us And Ireland, Simone Shuman

Cardozo International & Comparative Law Review (CICLR) Blog

Advance directives enable patients to specify which medical treatment they do and do not want to receive ahead of time if they cannot make such a determination, including the refusal or ending of life support when the time to act on such a decision arises. There are two types of advance directives: (1) living wills where a patient lists their treatment preferences and (2) creating a health care power of attorney which vests the decision-making authority in a proxy. Since the creation of advance directives in 1976, all fifty states have adopted their own laws on advance directives.

This post …

Symposium: Sexual Orientation, Gender Identity, & The Constitution: Suspect Classifications, Immutability, And Moral Responsibility, Michael Gentithes

ConLawNOW

This essay argues that when LGBTQ advocates raise equal protection arguments, they should resist the temptation to make immutability claims. Instead, they should acknowledge greater flexibility in the continuum of sexual orientation and gender identity, thereby avoiding traditional and binary immutability theory, and emphasize the lack of moral responsibility as a ground for strict scrutiny. Such arguments offer more traction for future cases rather than repeated efforts to suggest that sexuality is biologically determined or unalterable. This approach shifts the legal focus to the moral responsibility logic that lies behind traditional immutability theory, which may ultimately be more persuasive to …

India, Kavita Mohan, Aseem Chawla, Shamik Saha, Sharanya G. Ranga, Neil Lopez, Radhika Parikh, Mansi Seth, Nihal Kothari, Prajakta Menezes, Anand Desai, Ajay Shaw, Satyajit Gupta, Gyanendra Kumar, Aakanksha Joshi, Raghav Vashisht, Debjani Aich, Shruti Chopra, Jayesh H. Arunabh Choudhary, Avikshit Moral, Poorvi Chothani, Namrata Patodia Rastogi

The Year in Review

No abstract provided.

United Nations And International Organizations, Elizabeth A. Turchi, Renee Dopplick, Shruti Chopra, Dana Nazarova, Joseph Bongiorno, Richard Bainter, Roncevert Ganan Almond, Karen Van Essen, Adam Mauntah, Taarika Sridhar

The Year in Review

No abstract provided.

International Investment And Development, Uche Ewelukwa Ofodile, Tamari Lagvilava, Qingqing Miao, Georg Daniel Birbaumer, Jonathan Burns, Amgad Husein, William E. Thomson, Dylan Mefford, Perlette Michèle Jura

The Year in Review

No abstract provided.

International Financial Products And Services, Alan B. Rabkin, Ibrahim Sattout, James Stull, Laurent Levac, Mohamed Hashish, Osama Audi, Poutan Bohloul, Walter Stuber

The Year in Review

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, Patrick Briscoe, Robert Glasgow, Geoffrey Goodale, Christopher Stagg, Maria Van Wagenberg, Lawrence Ward

The Year in Review

No abstract provided.

Turning Carbon Into Gold: Incentivizing The New Alchemy, Anthony E. Chavez

Duke Environmental Law & Policy Forum

One approach to help address climate change is carbon capture and utilization (CCU). CCU involves capturing atmospheric carbon dioxide and using it to generate marketable products. CCU, however, needs significant additional research and development to reach its potential. Development of CCU could yield benefits far in excess of its actual ability to sequester carbon. Research and development of CCU could stimulate improvements in carbon capture technologies, incentivize the capture and sequestration of carbon, and generate products that can benefit society generally. Nevertheless, most CCU uses remain only theoretical, or significant barriers prevent their current implementation.

A number of policy tools …

National Scenic Trails, Pipelines, & Ferc: Examining Pipeline Certification After United States Forest Service V. Cowpasture River Forest Preservation Association, Caitlin M. Doak

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pulling The Trigger On Hunting Regulations For Lead Ammunition, Lydia Shields

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt

Minnesota Journal of Law, Science & Technology

No abstract provided.

Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Recommendations For Discipline-Specific Fairness Evaluation Derived From Applying An Ensemble Of Evaluation Tools, Karsten Peters-Von Gehlen, Heinke Höck, Andrej Fast, Daniel Heydebreck, Andrea Lammert, Hannes Thiemann

Copyright, Fair Use, Scholarly Communication, etc.

From a research data repositories’ perspective, offering research data management services in line with the FAIR principles is becoming increasingly important. However, there exists no globally established and trusted approach to evaluate FAIRness to date. Here, we apply five different available FAIRness evaluation approaches to selected data archived in the World Data Center for Climate (WDCC). Two approaches are purely automatic, two approaches are purely manual and one approach applies a hybrid method (manual and automatic combined).

The results of our evaluation show an overall mean FAIR score of WDCC-archived (meta) data of 0.67 of 1, with a range of …

Fault Lines In The Application Of International Humanitarian Law To Cyberwarfare, Humna Sohail

Journal of Digital Forensics, Security and Law

The dynamics of warfare have changed from the conventional wars fought on the battlefield to virtual warfare as states have been involved in the cyber arms race. From simple distributed denial-of-service (DDoS) attacks to the potent Stuxnet and Flame the cyber weapons vary in their potential human cost. The Law of Armed Conflict (LOAC) is drafted flexibly to adapt to changing circumstances. This paper is primarily based upon the assumption that existing treaty law is sufficient in many aspects yet in some areas treaty-making is also needed. What is the foreseeable solution is the comprehensive state practice for interpreting the …

Endnotes

Sustainable Development Law & Policy

Endnotes

The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib

Sustainable Development Law & Policy

Introduction

The ocean is an abundant resource; however, overutilization is becoming an increasing threat to biodiversity. Approximately 90% of the ocean’s fisheries are overexploited, fully exploited, or have collapsed entirely. The issue of overfishing arose in the mid-1900s after the industrialization of the fishing industry. Once dominated by local fishermen, the industry now features commercial fleets with the technology to locate, extract, and process large numbers of specific fish species. An early 2000s study reported that only 10% of large ocean fish remained after years of industrial fishing, including the highly migratory Pacific Bluefin Tuna (“PBT”).

In 2016, the PBT …

Endnotes, David Hunter

Sustainable Development Law & Policy

No abstract provided.

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Sustainable Development Law & Policy

This volume marks the 20th anniversary of Sustainable Development Law and Policy (SDLP) published by the students of American University’s Washington College of Law. SDLP was founded to explore the legal and policy dimensions of sustainable development (i.e. the simultaneous pursuit, or integration, of economic development, environmental protection, and social welfare). During its twenty years, SDLP has provided a forum for scholars, practitioners, and students to analyze the complex challenges to achieving economic and social justice within the constraints of our planet’s natural environment. From its first volume addressing liability for carbon trading, the regulation of genetically modified organisms, and …

Endnotes, Joan F. Chu

Sustainable Development Law & Policy

Underserved Communities Trashed by Plastic; Continued

And Endnotes

Underserved Communities Trashed By Plastic: Slowing The Proliferation Of Petroleum Based Products Through Stewardship Laws And Enhanced Back-End Regulatory Solutions, Joan F. Chu

Sustainable Development Law & Policy

Introduction

Plastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis …

Bison, Tribes, And Brucellosis In The Interagency Bison Management Plan, Bailey Nickoloff

Sustainable Development Law & Policy

Introduction

It would be in the best interest of the Interagency Bison Management Plan (“IBMP”) and its affiliated agencies to allow Tribal governments and Tribal members to hunt bison within Yellowstone National Park (“YNP”). This would help to reduce the spread of brucellosis, reduce the environmental impacts from bison in YNP, and honor the treaties signed between the United States and Tribal governments. These agencies can accomplish this by implementing treaty hunting rights in a new Environmental Impact Statement (“EIS”) and within an existing legal framework.