Digital Commons Network^™

In The Danger Zone: The Call For Reshoring Pharmaceutical Manufacturing To Reduce The Vulnerability Of The United States' Supply Chains To War Tactics, Jessica K. Andrews

Florida State University Journal of Transnational Law & Policy

No abstract provided.

“All I Want Is To Be Free”, University Of Chicago Law School - Global Human Rights Clinic

Global Human Rights Clinic

Statelessness — the condition of lacking citizenship or nationality in any country of the world — affects more than 10 million people globally. In the United States, conservative estimates put the number of stateless persons at over 200,000. Given that the U.S. provides citizenship to people born on the territory, nearly all stateless persons within the U.S. were born elsewhere. However, the U.S. immigration framework is silent with respect to statelessness, in effect leaving stateless people unrecognized, unprotected and invisible before the law.

As persons relegated to a life without legal status, stateless people in the United States are subject …

"Only To Have A Say In The Way He Dies": Bodily Autonomy And Methods Of Execution, Alexandra L. Klein

Scholarly Articles

Capital punishment is one of the most significant intrusions into a person's bodily autonomy; the state takes a person's life. Even though the state has stripped a person on death row of much of their autonomy and intends to kill them, removing all autonomy, a person sentenced to death may, in some circumstances, choose how they will die. While most states rely on a single method of execution, some states permit a condemned person to choose among two or more methods of execution. Constitutional challenges to methods of execution requires the challenger to demonstrate a substantial risk of severe pain …

"Thank You For Your Sacrifice": Off-Label Drug Regulation Strategies After The Misuse Of Hydroxychloroquine For Covid-19, Erin Mccluan

Duquesne Law Review

In March 2020, BuzzFeed News reported that a 45-year-old patient with systemic lupus erythematosus ("SLE") was denied her long-standing hydroxychloroquine ("HCQ") prescription due to the COVID-19 pandemic.¹ Her healthcare network, Kaiser Permanente, informed her that this was necessary to "conserve[] the current supply for those who are critically ill with COVID-19."² Disturbingly, Kaiser wrote to the patient, "Thank you for the sacrifice you will be making for the sake of those that are critically ill; your sacrifice may actually save lives." ³

The patient, Dale, who asked only to be identified by her first name, told BuzzFeed News, …

Putting The "P" In Pfa: The Electronic Monitoring Of Protection From Abuse Respondents In Pennsylvania, Cameron Kehm

Duquesne Law Review

Domestic violence violently claimed Alina Sheykhet's life, despite alleged "protection" from a Protection from Abuse Order ("PFA").¹ Far from being an exception, Alina's story is yet another example among many cases that show how traditional protective order systems fail those who need protected most.² However, Alina's Law can protect PFA holders through a new remedy: the electronic monitoring of PFA respondents.³ Although Alina's Law failed to make it out of committee consideration during the 2019-2020 term,⁴ with three modifications, legislators can reintroduce Alina's Law in a passable form that would protect Pennsylvania's most vulnerable citizens.

Part …

Biometrics And An Ai Bill Of Rights, Margaret Hu

Duquesne Law Review

This Article contends that an informed discussion on an Al Bill of Rights requires grappling with biometric data collection and its integration into emerging Al systems. Biometric Al systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these …

Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System, Brian Boggs

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Supreme Court Forces Divorce For A Happily Married Couple: The Trail And Its Land, 55 Uic L. Rev. 176 (2022), Jesse Carbonaro

UIC Law Review

No abstract provided.

Environmental Law: Law, Land Use, And Groundwater Recharge, Dave Owen

The Judges' Book

No abstract provided.

Environmental Law: Rivers With Rights, David Takacs

The Judges' Book

No abstract provided.

Adapting To A 4°C World, Clifford Villa

Faculty Scholarship

The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it. In this latest in a biannual series of essays, they and other members of the Environmental Law Collaborative explore what 4°C might mean for a variety of current legal doctrines, planning policies, governance structures, and institutions.

The United States Stands Alone: A Divergence In The Treatment Of Genus Claims In Pharmaceutical Patents, 22 Uic Rev. Intell. Prop. L. 97 (2022), Sam Habein

UIC Review of Intellectual Property Law

No abstract provided.

The Key Deer Is Headed For Extinction: How Repealing A Trump-Era Federal Rule Defining "Habitat" Could Allow Assisted Migration To Save Species Threatened By Climate Change, Kennedi Fichtel

St. Thomas Law Review

Climate change induced sea level rise is imminent. In fact, the U.S. Army Corps of Engineers has predicted that “[b]y 2045, the sea level in the Florida Keys will rise 15 inches . . . .” Such a projection usually invites questions about the implications for coastal residential homeowners. However, this projection means so much more for the voiceless inhabitants of the Florida Keys. Anthropogenic climate change that leads to sea level rise of this magnitude will be responsible for permanently destroying species’ habitats, and therefore impacting their ability to survive. For endangered and threatened species, this means extinction. As …

Culture And Fair Use, Michael P. Goodyear

Fordham Intellectual Property, Media and Entertainment Law Journal

The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating more inclusivity of different cultures in copyright: the approval of cultural adaptations under fair use.

Cultural adaptations—the transformation of preexisting works to reflect the cultural and social mores and norms of a different group—would appear at first glance to be prohibited as derivative works, which, under the Copyright …

Consumer News: Fertility Tracking Apps, Dna Testing, And... Vending Machines? Developments In Ftc And State Protections On Certain Health Information, Kiana Baharloo

Loyola Consumer Law Review

No abstract provided.

A Comprehensive Covid-19 Response—The Need For Economic Evaluation, Govind C. Persad, Ankur Pandya

Sturm College of Law: Faculty Scholarship

Recently, the World Health Organization has exhorted countries to fight the Covid-19 pandemic with other interventions in addition to vaccines. But for countries to mount a comprehensive and effective response, more than exhortation is needed. Policymakers must understand the benefits and burdens associated with various policy options. They also have to be equipped to rigorously and systematically compare these benefits and burdens, both when evaluating individual policies and when determining which policies to include in a legislative or regulatory package.

The Epistemology Of The Internet And The Regulation Of Speech In America, Brian Leiter

Articles

The Internet is the epistemological crisis of the 21st century: it has fundamentally altered the social epistemology of societies with relative freedom to access it. Most of what we think we know about the world is due to reliance on epistemic authorities, individuals, or institutions that tell us what we ought to believe about Newtonian mechanics, evolution by natural selection, climate change, resurrection from the dead, or the Holocaust. The most practically fruitful epistemic norm of modernity, empiricism, demands that knowledge be grounded in sensory experience, but almost no one who believes in evolution by natural selection or the reality …

Black Mothers Matter: The Social, Political And Legal Determinants Of Black Maternal Health Across The Lifespan, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.

Taxing Sports, John T. Holden, Kathryn Kisska-Schulze

American University Law Review

Sports are no longer mere games. In today’s money-driven culture, they have cultivated into a lucrative business enterprise where everyone—whether professional or amateur; owner or player; coach or spectator—stands to make significant money. Modern sports have also morphed into a landscape encompassing both the traditional athletic events and the more novel esports and daily fantasy sports (DFS) arenas. Across all these physical, digital, and biological spheres, sports revenues are being measured in terms of billions. It thus stands to reason why taxes have become a progressively critical discussion point within U.S. professional and collegiate sports, the video gaming world, and …

The Federal Response To Covid-19: Lessons From The Pandemic, Nancy J. Knauer

UC Law Journal

When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of pages. The George W. Bush administration spearheaded national pandemic planning in 2005 as part of the post-September 11 efforts to modernize the country’s disaster response capabilities. Subsequent administrations revisited and revised the various pandemic plans, including the Trump administration as recently as 2017 and 2018.

Despite these detailed plans, the Trump administration was slow to respond to the emerging public health crisis or implement any of …

Ganging Up On Terrorism: Transnational Gangs And Tier Iii Terrorist Organizations, Adam S. Domitz

American University Law Review

The Immigration and Nationality Act sets forth three distinct tiers of terrorist organizations. Unlike Tiers I and II, Tier III does not require official designation in the Federal Register by cabinet level officials. Instead, the tier calls for case-by-case adjudication by executive branch employees such as asylum officers and immigration judges. Noncitizens who engage in certain activities with or who have certain ties to any of the three tiers of organizations are inadmissible to the United States and barred from most forms of immigration relief, subject to limited exceptions. Nevertheless, in recent years, a variety of entities—including the Trump administration—have …

Sharenting Is Here To Stay, So Now What?, Anonymous Author

Seattle University Law Review

This Note explores the concept of sharenting, its real-world consequences, and the daunting task of creating a workable solution. Part I of this Note provides a broad overview of sharenting and its implications. Part II describes the current state of the law and why sharenting remains a difficult issue to address. Part III discusses four legal frameworks posed by legal scholars to combat sharenting: anti-bullying, privacy, erasure, and child labor laws—and, ultimately, why each fails to offer an airtight solution. Part IV offers an alternative solution: the regulation of data brokers and outlawing advertisement-based social media platforms to protect children’s …

A Hot Topic: Is The Fda’S Approach To Sunscreen Regulation Failing Consumers?, Haley Westman

Seattle University Law Review

This Note suggests a better balance between allowing sunscreen innovation and protecting the public from unsafe products. Part I of this Note will review the factual background of the public’s attention to sunscreen, explain the current sunscreen issues in the news, and highlight the different actors involved in the growing discourse surrounding sunscreen. Part I will also show that the actors involved in the sunscreen industry—scientific researchers, social media influencers, and the public at large—have considerable influence on consumers’ trust in sunscreen, their buying habits, and the FDA’s approach to sunscreen regulation. Part II of this Note will outline the …

The Heart Of Animal Research And Testing Law: A Study Of The Animal Welfare Act, The Health Research Extension Act, And Proposed Solutions Supporting The Three Rs, 55 Uic L. Rev. 1 (2022), Lenore Montanaro

UIC Law Review

No abstract provided.

Refortifying The Endangered Species Act: Its Degradation And How To Strengthen The Nation’S Most Comprehensive Law For Protecting Endangered Species, 55 Uic L. Rev. 317 (2022), Haley Molinaro

UIC Law Review

No abstract provided.

The Plain Meaning Of Sex: A Note On Bostock V. Clayton County, 55 Uic L. Rev. 357 (2022), Christopher Dallas

UIC Law Review

No abstract provided.

Justifying The Margins: Granting Suspect Classification To Trans* Individuals In The U.S. Judicial System, 55 Uic L. Rev. 403 (2022), James Casey Edwards

UIC Law Review

No abstract provided.

Body Revolution In Comparative Perspective: Promoting Equality Through Adoption Of New Theory Of Bodiliness, 55 Uic L. Rev. 615 (2022), Arseny Shevelev, Georgy Shevelev

UIC Law Review

No abstract provided.

In Need Of Transition: Transgender Inmate Access To Gender Affirming Healthcare In Prison, 55 Uic L. Rev. 773 (2022), Erin Murphy Fete

UIC Law Review

No abstract provided.

Caster Semenya And The Policing Of Competitive Athletic Advantage, Taylor Vann

Connecticut Law Review

In recent years, transgender and intersex athletes competing in track and field have come under intense scrutiny. The most notable of these athletes at the elite level is Caster Semenya of South Africa. Semenya has been accused of benefiting from an unfair competitive advantage due to her natural biological makeup. In response, international track and field’s governing body has promulgated multiple regulations to address athletes like Semenya. This article examines these regulations and their impact on transgender and intersex athletes at multiple levels of competition, It argues that these regulations and similar attempts under Title IX in the United States …