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Tusha Hiti: The Origin And Significance Of The Name, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

In this article, the author examines the royal bath called Tushā Hiti located in Sūndari Chowk (Beautiful Courtyard) of Pātan Durbar Square, using six different methods of investigation. The question: What is in a name? started the ball of investigation rolling and along the way were added more supporting blocks such as history, iconography, function and purpose, notion of purity and impurity, and finally the hiti in popular culture to get a complete picture of the subject in question.

Strengthening Immigration Support For Agricultural Labor Migration And Ending Modern Day “Harvest Of Shame” A Comparative Study Of The American And Australian Approaches, Dr. Ying Chen

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Biden V. State Of Texas: Brief Of Administrative Law Professors As Amici Curiae In Support Of Petitioners, Nina Mendelson

Appellate Briefs

Amici curiae listed in the Appendix are professors are professors of administrative law. Amici have an interest in the construction and application of the Administrative Procedure Act and in the role that federal courts and agencies play in advancing or hindering reasoned policymaking, democratic accountability, and good governance. Amici express no view about the wisdom of the Migrant Protection Protocols (“MPP”). They write to address why, as a matter of fundamental administrative law doctrine and principle, the Department of Homeland Security’s second action terminating MPP should be accorded legal effect and the injunction requiring the Department to implement that program …

Book Review Of The Law Student’S Guide To Doing Well And Being Well, Lawrence Krieger

Journal of Legal Education

No abstract provided.

Biological Patent Thickets And Delayed Access To Biosimilars, An American Problem, Rachel Goode, Bernard Chao

Sturm College of Law: Faculty Scholarship

Our study seeks to determine whether patent thickets covering biologic drugs are responsible for delayed biosimilar market entry. We compare patent assertions against the same biosimilar drugs across three countries. On average nine to twelves times more patents were asserted against biosimilars in the United States than in Canada and the United Kingdom. Biosimilars also enter the Canadian and UK markets more quickly than they do in the United States following regulatory approval. Later market entry is not a problem when the brand name drug company is asserting high quality patents (i.e. patents covering significant advances). Consequently, we drilled down …

Public Utilities Commission, Justin Dalton, Andrew D. Kent, Riley Minkoff, Benjamin L. Sheinman, R. C. Fellmeth, Bridget Fogarty Gramme, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough

Qualitative Criminology (QC)

While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …

Role Reversal: Can Dad Stay Home While Mom Goes To Work? An Analysis Of Maternity And Parental Leave In The United Kingdom And European Union Through Principles And Treaties Of International Human Rights Law, Bridget Rose

Notre Dame Journal of International & Comparative Law

No abstract provided.

Adjudicating Identity, Laura Lane-Steele

Texas A&M Law Review

Legal actors examine identity claims with varying degrees of intensity. For instance, to be considered “female” for the U.S. Census, self-identification alone is sufficient, and no additional evidence is necessary. To change a sex marker on a birth certificate to “female,” however, self-identification is not enough; some states require people to show that they do not have a penis to be considered “female.” Similar examples of discrepancies in the type and amount of evidence considered for identity claims abound across identities and areas of law. Yet legal actors rarely acknowledge that they are adjudicating identity in the first place, much …

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

County Of Maui V. Hawaii Wildlife Fund And Its Impact On Clean Water Act Jurisprudence, Sydney Bale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Florida Law Review

No abstract provided.

Constitutional Law: Speaking With Your Mouth Shut? Exploring The Outer Limits Of First Amendment Protection In The Context Of Military Recruiting On Law School Campuses, Emily S. Wilbanks

Florida Law Review

No abstract provided.

The Morass Of Internet Personal Jurisdiction: It Is Time For A Paradigm Shift, Richard Philip Rollo

Florida Law Review

No abstract provided.

Open Adoption In Context: The Wisdom And Enforceability Of Visitation Orders For Former Parents Under Uniform Adoption Act § 4-113, Margaret M. Mahoney

Florida Law Review

No abstract provided.

Rationing Healthcare During A Pandemic: Shielding Healthcare Providers From Tort Liability In Uncharted Legal Territory, Frederick V. Perry, Miriam Weismann

University of Miami Business Law Review

As the coronavirus pandemic intensified, many communities in the U.S. experienced shortages of ventilators, ICU beds, and other medical supplies and treatment. There was no single national response providing guidance on the allocation of scarce healthcare resources. There has been no consistent state response either. Instead, various governmental and nongovernmental state actors in several but not all states formulated “triage protocols,” known as Crisis Standards of Care, to prioritize patient access to care where population demand exceeded supply. One intended purpose of the protocols was to immunize or shield healthcare providers from tort liability based on injuries resulting from a …

Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera

Maine Law Review

Cisgender same-sex male married couples, unlike cisgender opposite-sex married couples, will always require artificial reproductive technology (ART) for at least one of the spouses to attain biological parenthood. Due to legal and financial barriers to ART, many of these couples turn to international ART services to grow their families. In doing so, these families may face immigration battles when they apply for recognition of their child’s United States citizenship. For example, a prior State Department policy sparked three lawsuits after the State Department refused to recognize children as United States citizens from birth because the children were not biologically related …

Distributed Governance Of Medical Ai, W. Nicholson Price Ii

Law & Economics Working Papers

Artificial intelligence (AI) promises to bring substantial benefits to medicine. In addition to pushing the frontiers of what is humanly possible, like predicting kidney failure or sepsis before any human can notice, it can democratize expertise beyond the circle of highly specialized practitioners, like letting generalists diagnose diabetic degeneration of the retina. But AI doesn’t always work, and it doesn’t always work for everyone, and it doesn’t always work in every context. AI is likely to behave differently in well-resourced hospitals where it is developed than in poorly resourced frontline health environments where it might well make the biggest difference …

Anthropocene Fiction: Empathy, Kinship, And The Troubled Waters At The End Of The World, Megan Mandell Stowe

USF Tampa Graduate Theses and Dissertations

Anthropocene literature features characters and environments grappling with the devastation of climate change. Donna Haraway’s term Chthulucene narrows this category further by exposing the tentacular connections between overpopulation, dependence on material goods, species loss, and other facets of global warming—such as water as a resource. Three novels of the Chthulucene exhibit these connections, centering on the importance of water to both ecologies and personal identity. As seen in the novels, place attachment brings ecology and identity together by forging a stewardship between person and location, often resulting in efforts to defend and preserve a place. In Octavia Butler’s Parable of …

Possessing Intangibles, João Marinotti

Northwestern University Law Review

The concept of possession is currently considered inapplicable to intangible assets, whether data, cryptocurrency, or NFTs. Under this view, intangible assets categorically fall outside the purview of property law’s foundational doctrines. Such sweeping conclusions stem from a misunderstanding of the role of possession in property law. This Article refutes the idea that possession constitutes—or even requires—physical control by distinguishing possession from another foundational concept, that of thinghood. It highlights possession’s unique purpose within the property process: conveying the status of in rem claims. In property law, the concept of possession conveys to third parties the allocation of property rights and …

Interview By Zach Shepard And Chris Mcmillan With David Gindler, Partner, Milbank Llp, And Jasper Tran, Associate, Milbank Llp

IP Theory

No abstract provided.

Judicial Depictions Of Responsibility And Risk: The Erasure Of State Accountability In Canadian Sentencing Judgments Involving Indigenous People, Sarah Jane Nussbaum

PhD Dissertations

This dissertation is set within the context of Canadas mass imprisonment of Indigenous people and centres on a critical evaluation of reported sentencing judgments. In particular, the dissertation examines some of the ways in which sentencing judges both draw attention to, and obscure, state accountability. The dissertation demonstrates that sentencing judges erase the role of the state in the criminalization of Indigenous people and in the construction of Indigenous people as risky. The result is that sentencing judgments rationalize and support the re-entrenchment, rather than the redressing, of the states oppression of Indigenous people. The dissertation is theoretical and descriptive, …

Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson

Pepperdine Law Review

Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and public health purposes of the environmental laws when interpreting those statutes due to the rise in textualism, the declining influence of the Chevron doctrine, and the increasing willingness of courts to defer to agency underenforcement of statutory responsibilities across all regulatory statutes. In 2020, the Environmental Protection Network, …

Toward An Environmentally Sustainable City In The Light Of Industrial Revolution 4.0: A Case Study Of Ho Chi Minh City, Tran Viet Dung

Centre for Commercial Law in Asia

Like other large cities in ASEAN, Vietnamese cities have been facing serious urban environment problems such as air pollution, land degradation, weak water drainage and lack of green spaces. These problems are caused by unsustainable patterns of development. City governments have failed to coordinate and integrate city planning consistently. Trends show that governments prefer to take short-term economic profit rather than focus on environmental protection.

Genetically Engineered Food, Food Security, And Climate Change, Joanna K. Sax

The Business, Entrepreneurship & Tax Law Review

Malnutrition is the leading cause of death and disease worldwide. Climate change is an existential crisis. We need to feed people and address the role of agriculture in climate change – at the same time. This is problematic, as agriculture inherently creates issues that contributes to climate change. Utilizing science, through genetically engineered crops, is one way to close the harm gap between food security and climate change. This essay addresses the controversial issue of genetically engineered crops with the complicated issues of food security and cli-mate change by analyzing three main issues: (1) how the science of genetically engineered …

Opposition To Renewable Energy Facilities In The United States: March 2022 Edition, Hillary Aidun, Jacob Elkin, Radhika Goyal, Kate Marsh, Neely Mckee, Maris Welch, Leah Adelman, Shane Finn

Sabin Center for Climate Change Law

Achieving lower carbon emissions in the United States will require developing a very large number of wind, solar, and other renewable energy facilities, as well as associated storage, distribution, and transmission, at an unprecedented scale and pace. Although host community members are often enthusiastic about renewable energy facilities’ economic and environmental benefits, local opposition often arises. This report updates a previous Sabin Center report, published in February 2021, and documents local restrictions on and opposition to siting renewable energy projects for the period from 1995 to early 2022. Importantly, the authors do not make normative judgments as to the legal …

N Y State Dent J March 2022

The New York State Dental Journal

In the March 2022 issue, the reader will find the following feature articles:

• Orthognathic Surgery and Quality-of-Life Outcomes: Findings from a Hospital-Based Patient Satisfaction Survey
• Recommendations for Co-Prescription of Opioids and Naloxone in the Dental Office
• Papillon-LeFevre Syndrome: A Case Study of Two Siblings
• Treatment of Peri-implant Soft-tissue Deficiency around a Narrow Diameter Implant with Subepithelial Connective-tissue Graft: A Case Report
• Simple Lipoma Mimicking Oral Infiltrating Lipoma: Case Report

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Farm And Food Policies For A Sustainable Future, John Ikerd

The Business, Entrepreneurship & Tax Law Review

United States government policies have incentivized and supported the unsustainable agri-food system of the present and fundamental changes in farm and food policies will be necessary for a sustainable future. US farm policies, initiated in the 1930s, were designed to ensure long run domestic food security by ensuring the economic viability of independent family farms. New mechanical, chemical, and biological technologies of the 1950s made it possible to increase agricultural productivity by applying industrial production strategies to farming. A shift in farm policy during the 1960s made the shift from family farms to industrial agriculture inevitable.

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …