Digital Commons Network^™

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

Dalhousie Law Journal

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

Penalties For Prevention? The Case For Enacting A Safe Harbor Provision For Apoe Screening, G. Davis Rieser

Student Works

No abstract provided.

Court Of Arbitration For Sport: A Flawed But Necessary System That Will Shape The Future Of The Olympic Games, For Better Or For Worse, Michael Digeronimo

Student Works

No abstract provided.

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

From Doctrine To The Courtroom: Catholic Legal Theory And Natural Law Meet Originalist Arguments For Equal Protection Of The Unborn, Katherine Butler

Student Works

No abstract provided.

Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman

Student Works

No abstract provided.

Envisioning Antiracist Legal Education In Aotearoa New Zealand: The Role Of Leadership, Mele T. Vaitohi

Dickinson Law Review (2017-Present)

This Essay presents a comprehensive examination of antiracism within Aotearoa New Zealand’s legal education, underscoring the critical need to embed antiracist principles across both the curriculum and the legal profession. It highlights the imperative for systemic change to dismantle structural inequities and advocates for an educational framework that prepares future lawyers to address and challenge racial injustice. Additionally, the Essay demonstrates how visionary leadership can spearhead transformative initiatives that amplify Pacific voices, cultivating a legal landscape that is both inclusive and equitable. Through these insights, this Essay aims to contribute to ongoing dialogues on creating a justice system reflective of …

A Level Playing Field: Title Ix, The House Settlement, And A Sustainable Solution For College Athletics, Delaney Sniffen, Kirk Wolff

Dickinson Law Review (2017-Present)

Collegiate student-athletes are increasingly viewed as employees by scholars, judges, and the market, though not yet by colleges or Congress. As stakeholders press Congress to clarify, universities must balance NLRA labor rights for athletes who likely meet the employee test with Title IX obligations tied to federal funding; neither can be sacrificed. This Essay traces gender discrimination that constrained women’s sports; explains why many athletes satisfy the NLRA employee test; and underscores Title IX’s central role in women’s equal participation. It shows how recognizing athletes as employees would modify the Title IX analysis and create tension between collective bargaining and …

The Seeds Of Peace And Justice, Shai Dothan

Chicago Journal of International Law

Some positive developments in international law had humble beginnings. They started from a small group of idealists who wanted to change the world for the better. Once their ideas gathered momentum, they got the support of people with power and transformed the world. State after state followed each other in a cascade toward improving international law. The purpose of this paper is to investigate the conditions that are beneficial for the initial germination of ideas with the potential to positively revolutionize international law. By using a series of case studies focused on the initiation of major transformations that improved international …

The Dead Hand And Frozen Lives: Embryonic Personhood And The Disruption Of Property Interests, Emma Miloglav

Fordham Law Review

Advances in assisted reproductive technology and the expansion of fetal personhood laws are colliding with a body of property doctrine built on assumptions about reproduction that no longer hold. In LePage v. Center for Reproductive Medicine, P.C., the Supreme Court of Alabama held that extrauterine embryos—fertilized and frozen in a laboratory—are “children” under the state’s Wrongful Death of a Minor Act. LePage represents a dramatic extension of fetal personhood.

This shift carries profound consequences for trusts and estates. If frozen embryos are treated as legal persons, they may qualify as heirs under intestacy statutes and as beneficiaries of wills, …

“Because We Take Our Values To War” Analyzing The Views Of Un Member States On Aidriven Lethal Autonomous Weapon Systems, Rangita De Silva De Alwis

Chicago Journal of International Law

In paragraph two of its resolution 2 on lethal autonomous weapon systems, pursuant to U.N. General Assembly resolution 78/241, the General Assembly requested the Secretary-General to solicit the views of Member States and Observer States regarding lethal autonomous weapons systems (LAWS). Specifically, the request encompassed perspectives on addressing the multifaceted challenges and concerns raised by LAWS, including humanitarian, legal, security,

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

The Lost Mines Of Appalachia: How Revitalizing Abandoned Coal Mines Can Revitalize A Region, Jonathan Gharib

William & Mary Environmental Law and Policy Review

Since the decline of coal, which began in the late 1980s, Appalachia has been left with thousands of abandoned coal mines that act as a stand-in for the state of the region as a whole. This stands in not only for the economic decline of the region, but also as a stand-in for the people of the region who also perceive themselves to have been abandoned. The future status, both legal and economic, of these abandoned mines that once helped to fuel Appalachia’s growth is unclear. Despite the muddied history of both Appalachia and these mines, with the proper legal …

The Ai Trap: How Over-Reliance On Generative Ai Undermines Professional Development For Law Students And Young Attorneys, Jane E. Cross

Nova Law Review

No abstract provided.

From Weapon To Shield: Risk And Special Intent In South Africa’S Case Against Israel, Heidi Matthews

Articles & Book Chapters

South Africa’s genocide case against Israel at the International Court of Justice is best understood as a mode of judicial self-help, instead of a method of undermining Israel’s sovereignty. The fact that South Africa claims standing – based partly on its own obligation to prevent genocide – has been largely overlooked in scholarly discussions of the case. However, centring this fact allows us to see that it is Israel’s alleged intentional creation of circumstances that give rise to a serious risk of genocide in Gaza that constitutes the core of South Africa’s case. The plausible existence of such a risk …

How The Proposed Esa Habitat Rule Harms Species On Public Lands, Sandi Zellmer

Faculty Journal Articles & Other Writings

At present, there are 1,684 federally listed endangered and threatened species in the United States. Habitat modification is the primary reason for listing. The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) have proposed a rule that would rescind their decades-old definition of “harm” under the Endangered Species Act (ESA). Currently, “harm” is the only term within ESA Section 9’s prohibition on “take” that encompasses habitat modification. If modifying habitat is no longer a “take,” the ESA itself would be rendered incapable of satisfying Congress’s goal: “to halt and reverse the trend toward species …

Toward Interspecies Reproductive Justice, Asha A. Ramakumar

Animal Law Review

Reproductive justice discourse has largely overlooked non-human animals, despite the parallel forms of biopolitical control exercised over human women and female animals’ reproductive labor. By examining the shared logics underlying the subordina-tion of both human women and dairy cows, this Article argues that any genuine conception of reproductive justice must inter-rogate reproductive exploitation beyond the human experience. Drawing from Michel Foucault’s theory of biopower and Carol J. Adams’ framework of the “absent referent,” this Article elucidates how powerful institutions control those with the capacity for preg-nancy by perpetuating narratives of biological essentialism and obligation.

Part II examines several examples of …

Front Matter, Lewis & Clark Law Review

Animal Law Review

Front Matter contains Table of Contents, masthead, and faculty advisers for Animal Law Review Volume 32, Issue 1.

Health Care Fraud And The End Of Chevron, Joan H. Krause

Health Matrix: The Journal of Law-Medicine

What do the Environmental Protection Agency’s “plantwide” definition of a “stationary” pollution source,” a National Marine Fisheries Service determination of who pays for fishing boat observers, and a Department of Health and Human Services rule governing the marketing of prescription drugs have in common? In short, a government agency’s interpretation of a federal statute. All three cases go to the heart of the administrative state: the ability of an agency, staffed by experts in the field, to interpret static statutory language to offer practical guidance to an ever-evolving industry.

The same is true of health care fraud, although it is …

Predictive Health Discrimination: Cabining Ai Risk Assessment To Protect Worker Data, Elizabeth A. Brown

Health Matrix: The Journal of Law-Medicine

Predictive health data monitoring is rapidly expanding in workplaces, outpacing legal protections and exposing workers to new risks. Employers may now use analytics powered by artificial intelligence (“AI”) to identify which workers are most likely to develop future disabilities, raising the threat that these workers will face limited opportunities and discrimination before such action is clearly illegal.

Employers are accelerating predictive biometric surveillance, fueled by financial incentives like reduced health insurance costs and higher productivity, accommodations for older workers, and the ubiquity of predictive analytics in general. Current federal and state laws offer scant protection against discrimination based on predicted …

Mitochondrial Replacement Techniques For Infertility: How Legal Barriers Harm Patients And Children, Kerry Lynn Macintosh

Health Matrix: The Journal of Law-Medicine

Recent studies show that mitochondrial replacement techniques (“MRTs”) can help women with poor egg quality and repeated IVF failures get pregnant and deliver healthy children. Unfortunately, infertile Americans can derive no hope from this promising development.

The U.S. Food and Drug Administration (“FDA”) claims jurisdiction over novel assisted reproductive technologies. Fertility clinics and doctors who want to provide MRTs must submit an investigational new drug (“IND”) application to the FDA and wait for approval before proceeding with clinical trials. However, for the past decade, Congress has enacted an annual appropriations rider that precludes the FDA from acknowledging receipt of applications …

A Terrorist In Death Only: How The Death Penalty Fills The Gap In Federal Terrorism Law, Caroline Alden Mcbride

Law Student Publications

In the absence of a federal statute criminalizing domestic terrorism, the United States turned to an unlikely proxy: the death penalty. This Comment argues that capital punishment is used to define domestic terrorism, particularly when statutory tools cannot capture white supremacist attacks. Although former President Biden commuted most federal death sentences to life imprisonment without parole, three individuals whose attacks met the legal definition of domestic terrorism were excluded from clemency. Examining several cases from Timothy McVeigh to Luigi Mangione reveals a trend of defendants whose crimes meet the legal definition of domestic terrorism receiving the death penalty, even when …

Modern Privacy, Outdated Doctrine: A Four-Factor Approach To Fourth Amendment Analysis, Ilinca Slabu

Washington Law Review Online

The Fourth Amendment, which protects individuals against unwarranted searches and seizures, has been at the center of many questions recently due to advancements in technology. Technology has evolved to a point where it is no longer necessary to enter someone’s physical space to know what is happening inside a home. This has led to many ambiguities between what is private and public, and what technology usage constitutes a search under the Fourth Amendment. We have reached a critical point that requires a clear test to determine this question to protect the privacy of individuals.

This Comment proposes a new framework …

Transgender Women In Sports: A Test Case For State Legislative Protections, Payal Doctor

City University of New York Law Review

For decades, transgender people have been fighting for the right to participate in sports leagues consistent with their gender identity. Much of this fight has played out on the federal stage, but recently both the federal government and federal courts have become hostile to transgender rights broadly, and transgender rights in sports in particular. This Comment examines an alternate but increasingly promising avenue for the vindication of transgender rights in sports: state law. Using a New York lawsuit brought by a women’s roller derby team, Long Island Roller Rebels v. County of Nassau, as a case study, this Comment …

Neuro-Advocacy: Harmonizing Persuasion With The Operation Of The Brain, Gary Gildin

Faculty Scholarship

The most significant contemporary advances in effective courtroom advocacy will emerge from what on the surface is an unlikely source: neuroscience. Revolutionary advances in technology for the first time allow us to see how the human brain makes decisions. The findings are wholly inconsistent with how the trial process presupposes the finder of fact will perceive and use information delivered by lawyers and witnesses. Consequently, lawyers seeking to persuade jurors (and judges) must reframe their advocacy to align with what we have learned about how the minds of these decision-makers will receive testimony and argument and use these inputs to …

Searches And Seizures Of The Unhoused, Shawn E. Fields

Faculty Scholarship

The United States recorded its largest ever unhoused population in 2024. Acute affordable housing shortages and climate-fueled natural disasters have exacerbated a decades-long unaddressed humanitarian crisis, straining resources in cities and rural areas alike. In response, state and local governments have pivoted to a more punitive approach to houselessness. Draconian "anti-camping" ordinances subject houseless people to fines or arrests while police destroy their property in encampment "sweeps," disconnecting the unhoused from critical social structures. Quality-of-life laws criminalize basic biological functions in public. New York, California, and other states have expanded the reach of involuntary civil commitment procedures, forcibly hospitalizing and …

Democratizing Health Data: A Legal Framework For Privacy-Preserving, Government-Led Ai Collaboration, Nicole Nigri

Cybaris®

No abstract provided.

Escape Probability: Rethinking Wartime Protection Of Nuclear Facilities, Pearle M. Lipinski

Michigan Journal of International Law

The 2022 Russian attacks on the Chernobyl and Zaporizhzhia nuclear facilities in Ukraine shocked the international community. Claims that the attacks constituted war crimes immediately entered the public consciousness, and a flurry of opinions were set forth on the international humanitarian law (“IHL”) protections afforded to nuclear plants, focusing on Article 56 of Additional Protocol I of the Geneva Conventions, which provides special protection to nuclear electrical generating stations. These opinions primarily focused on the immediate applicability and shortcomings of Article 56 on the attacks at hand, often operating on the presumption that a massively consequential environmental and humanitarian disaster …

Genes For Sale!, Anya E.R. Prince

Emory Law Journal

In March 2025, 23andMe, the flagship direct-to-consumer (DTC) genetic testing company, filed for bankruptcy. Just like that, the genetic information of fifteen million customers was up for sale to the highest bidder, creating a firestorm of reactions from the public, media, state attorneys general, and legislators warning of the dire outcomes that could arise from the sale of such sensitive data. The warnings seemed reasonable, as federal law does little to protect consumers from the widespread sale and misuse of their genetic data.

Yet, in retrospect, the public concerns and media frenzy could potentially be seen as excessive given the …