Digital Commons Network^™

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 …

A New Feudalism: Selfish Genes, Great Wealth, And The Rise Of The Dynastic Family Trust (Dft), Eric Kades

Connecticut Law Review

Today’s record levels of economic inequality are infecting our future as the top 0.01% bequeath vast wealth to their descendants. With the death of the Rule Against Perpetuities (RAP), this inequality has the potential to harden social class lines—not just for a generation or two, but forever. Although it may sound implausible, interviews with estate lawyers serving very high-net-worth clients reveal that some members of the wealthiest tier of testators are already exploiting the RAP’s elimination, along with a tax loophole, to establish dynasty trusts that will financially empower their bloodline as long as it continues. Recent work in evolutionary …

Compulsory Licensing Of Patents During Pandemics, Sapna Kumar

Connecticut Law Review

Wealthy countries with major pharmaceutical industries have historically supported strong patent rights and opposed temporarily abrogating them—even to save lives. However, as drug shortages have become commonplace due to COVID-19, governments have begun reassessing their views. The European Union and various countries have issued new policies and passed legislation facilitating their ability to provide drugs to their citizens for the duration of the pandemic. They have signaled a willingness to do so through “compulsory licensing,” in which the government issues a license to a third party to produce a patented invention without the patent holder’s permission and pays the patent …

Handling The Mayo Powder Keg: Emphasizing Preemption In § 101 Biotechnology Inquiries, Zachary M. Robole

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Limiting The Boundaries Of Assisted Reproductive Technology And Physiological Autonomy, George P. Smith Ii

Scholarly Articles

This essay examines, critically, the wide successes of assisted reproductive technology (ART). With these successes have come concerns regarding its potential advancement of the boundaries of fecundity and of new levels of physiological freedom. One particular advancement involves efforts to utilize a phenomenon of nature termed parthenogenesis, or asexual reproduction. The potential for adapting this occurrence as a form of assisted reproduction is of particular interest for members of the LGBTQ community, holding great promise for embryo research and regenerative medicine. Parthenogenetic embryos could be derived from unfertilized human eggs and, thus, blunt--if not resolve--ethical concerns over experimentation on human …

The New Disestablishments, Marc O. Degirolami

Scholarly Articles

This Article attempts to map out a set of social and legal phenomena-features of what it calls the new establishment, responses to it, and possible implications of dissenting new disestablishments-without offering an evaluation either of the new establishment or the new disestablishments. That is, this Article tries to point out the structural conditions within which claims of religious free exercise are now situated, but it does not opine on the morality or justice of the general social structure or the dissenting views that it discusses. Like everyone, I have my views about these subjects, but I have tried, as much …

China's Bri On The Polar Silk Road: Evolving Labor Agenda In The Arctic, Ronald C. Brown

Canada-United States Law Journal

No abstract provided.

Indigenous Leadership On Climate Change And The Arctic, Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon

Canada-United States Law Journal

No abstract provided.

The View From The Border: A Comparative Analysis Of Securities Regulations For Cryptocurrencies In The United States And Canada Student Articles And Notes, Rose Lewis

Canada-United States Law Journal

No abstract provided.

Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker

The International Lawyer

No abstract provided.

Climate Change's Profound Disruption Of The Arctic Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Mike Sfagra, Hajo Eicken, Marcel Babin

Canada-United States Law Journal

No abstract provided.

Life Is What You Make It . . . Unless You Are Transgender And Incarcerated: Revising The Test For Judging An Incarcerated Transgender Individual’S Readiness For Gender Confirmation Surgery, Allison Eddy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …

Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski

Loyola University Chicago International Law Review

Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …

Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter

Loyola University Chicago International Law Review

The most common form of kidnapping is when a child is taken by a parent from a co-parent. When the kidnapping parent is native to another country, navigating the international family courts can be more than challenging. Because of this, the Hague Convention on the Civil Aspects of International Child Abduction created an order that all signatory countries must return an abducted child to their location of habitual residency. However, the Hague Convention declined to define what habitual residency meant, leaving it up to the determination of the Courts. Recently, the U.S. Supreme Court confronted this issue in the landmark …

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.

Abortion And Safe Haven Laws, Jeffrey A. Parness

College of Law Faculty Publications

Notwithstanding the assertions of the State of Mississippi, of one amicus, and of Justice Amy Coney Barrett in Dobbs v. Jackson Women’s Health Organization, abortion laws and safe haven laws are oil and vinegar. Not only do they not mix, but safe haven laws in some ways support the continuing validity of the balance on individual privacy interests and legitimate governmental interests struck in the Roe v. Wade decision on abortion. Both abortion availability laws and safe haven laws advance the interests of women who choose not to parent children within their existing family structures. But safe haven laws, …

Who Is A Parent? Intrastate And Interstate Differences, Jeffrey A. Parness

College of Law Faculty Publications

When the parental status of one or more people involved in a civil action is contested in a court in the United States, the need for a legal parentage determination arises. In these contests, legal parentage can differ from personally and/or publicly perceived parentage. Legal parentage can also differ by context, as between child custody and child support settings. Legal parentage most often varies by context in a single American state where the purposes behind varying parentage laws differ, as where biology is key in one setting and parental like acts are key in another setting.

Parental status laws are …

Choosing Parentage Laws In Multistate Conduct Cases, Jeffrey A. Parness

College of Law Faculty Publications

This paper explores choosing parentage laws in multistate conduct cases in varying contexts, including cases involving parentage for childcare purpose and for such nonchildcare purposes as tort, probate and child support. Choice of law may be compelled by Full Faith and Credit. Where there is no compulsion, the forum choice of law rules typically apply. These rules, of course, can vary in a single state between contexts, as with parenthood in childcare and in probate settings. These rules can also vary between states in a single context, as with parentage in tort settings. The paper seeks to provide guidance to …

American Constitutions And Artificial Insemination Births, Jeffrey A. Parness

College of Law Faculty Publications

Childcare parentage issues arising from assisted reproduction births are subject to constitutional guidance, including due process, equal protection, and privacy dictates. Constitutional rights, however, sometimes go unrecognized in assisted reproduction laws, particularly for same sex couples, wed and unwed, as well as for single women. Upon a brief review of contemporary American state assisted reproduction laws, current and future constitutional precedents are explored. This analysis shows that constitutional, as well as public policy, reforms are particularly needed for same-sex female couples and single women employing assisted reproduction as intended parents.

Diy Artificial Insemination: The Not-So-Great Gatsby, Jeffrey A. Parness

College of Law Faculty Publications

Increasingly, intended parentage by female couples, married and unmarried, and by single women, is pursued via do-it-yourself (DIY) artificial insemination (AI) that utilizes sperm donors (who may be unknown). A recent ruling illustrates the difficulties arising from incomplete AI statutes. In Gatsby v. Gatsby in 2021, the Idaho Supreme Court determined legal parentage for a child born via AI to a married female couple who later divorced. The Gatsby ruling is troublesome on several fronts. Its problems highlight the difficulties facing intended childcare parents employing AI in the United States, especially for those without significant financial resources and women, coupled …

Expanding State Parent Registry Laws, Jeffrey A. Parness

College of Law Faculty Publications

As with state recognized voluntary acknowledgements of parentage (VAPs) and state recognized assisted reproduction pacts (SRARPs) on childcare parentage for future or current children, state parent registries (PRs), often labeled putative paternity registries or putative father registries, embody declarations of expecting or current legal parenthood. Yet declarations on children in PRs often involve unilateral assertions, unlike dual parenthood declarations in VAPs. Actual parenthood under law for many PR declarants is never recognized because there are no simultaneous assertions by a second expecting or existing legal parent on the declarant’s parenthood, as with an assertion by an expecting or existing birth …

When A Statute Comes With A User Manual: Reconciling Textualism And Uniform Acts, Gregory A. Elinson, Robert H. Sitkoff

College of Law Faculty Publications

This Article develops an interpretive theory for statutes that originate as Uniform Acts promulgated by the Uniform Law Commission. Although overlooked in the literature on statutory interpretation, state-enacted Uniform Acts are ubiquitous. They shape our life cycles—governing marriage, parentage, divorce, and death—and structure trillions of dollars in daily commercial transactions.

Largely focusing on textualism, today’s dominant form of statutory interpretation, we analyze the interpretive consequences of two unusual features of state-enacted Uniform Acts. First, the text of every Uniform Act directs courts to interpret it to “promote uniformity.” Second, each provision is accompanied by an official explanatory comment, analogous to …

Sex Is As Sex Does: Governing Transgender Identity (Preface And Introduction), Paisley Currah

Publications and Research

No abstract provided.

For The Betterment Of All Mankind: Claiming The Benefits Of Outer Space Through Intellectual Property Rights, Maeve Dineen

UC Law Science and Technology Journal

No abstract provided.

Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

Using Land And Water Conservation Fund Money To Protect Western Migration Corridors, Travis Brammer

Wyoming Law Review

No abstract provided.

The Hybrid Guardian Ad Litem: Adopting Standards Of Practice To Improve The Quality Of Representation For Children In Custody Cases, Dona Playton

Wyoming Law Review

No abstract provided.

Grizzlies, Wolves, And Law In The Greater Yellowstone Ecosystem: Wildlife Management Amidst Jusidictional Complexity And Tension, Robert Keiter

Wyoming Law Review

No abstract provided.

Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.