Digital Commons Network^™

Stumbling Over Trips: The International Intellectual Property Waiver Petition And The U.S. Executive, Jordan Paradise, Christina Conroy

Faculty Publications & Other Works

This article examines the relationship among intellectual property (IP) law protections; United States (U.S.) and international law and policy; and the actualization of diagnostics, drugs, and vaccines in the time of the COVID-19 coronavirus. Two key international treaties that relate to IP law--The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration) - establish international norms for the protection of IP. Core aspects of each of these treaties are described along with the role of the World Trade Organization (WTO) and concepts of compulsory licensing. As a result …

Biosimilar Bias: A Barrier To Addressing American Drug Costs, Cynthia M. Ho

Faculty Publications & Other Works

Forty percent of spiraling US drug costs are based on a mere two percent of all drugs –biologic drugs (biologics) made from living cells that are administered by injection or infusion. These costs will continue to balloon as new biologics are approved; the recently approved Alzheimer’s drug is expected to result in a 50% increase in Medicare spending and cost individuals 40% of their annual income. These drugs are expensive because they cannot be mass-produced, and their cost places important treatments for conditions such as arthritis (Humira) and cancer (Herceptin) out of reach for many Americans. Fortunately, just as there …

The Status Of California's Pay-For-Delay Legislation And Litigation, Jordan Paradise

Faculty Publications & Other Works

Pay-for-delay settlements arise when the brand drug company compensates the generic in some form to delay entry to market, thereby effectively eliminating the 180-day exclusivity on the market the generic is entitled to under law. At the federal level, the Supreme Court has established factors to determine whether such agreements violate antitrust law, policymakers have introduced legislation to curb the practice, and the Federal Trade Commission continues to actively police such deals. At the state level, California Attorney General Xavier Becerra made headlines for securing legal settlements in July 2019 with several pharmaceutical companies accused of participating in pay-for-delay agreements. …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez

Faculty Publications & Other Works

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System, Shannon Moody

Theses and Dissertations--Social Work

Background. Attorneys who represent parents and children in dependency, neglect, and abuse (DNA) proceedings are key in influencing the outcomes of the cases they carry. These influences include the length of time a child spends in the custody of the state or the necessity for foster care, visitation with family members, length of time to reunification, and recommended services for the child and parents (Courtney & Hook, 2012; Goldman, 1993; Thornton & Gwin, 2012; Zinn & Peters, 2015). The American Bar Association’s analysis is that there are “four constants: high caseloads, low compensation, inadequate training, and lack of supervision” …

Alice In The Land Of Artificial Intelligence: Some Practical Ways To Help Survive “Abstract Idea” Challenges Under Section 101, Charlene Thrower

Student Works

No abstract provided.

Product Liability Applied To Automated Decisions, Ian A. Wardell

Student Works

No abstract provided.

Pharmacy Benefit Managers: What Are The Real Costs Behind-The-Counter?, Gabrielle Landes

Student Works

No abstract provided.

How New Jersey Can Mitigate Climate Change On Its Coasts Through Nuisance-Based Restrictions On Development, Jennifer Garster

Student Works

No abstract provided.

Ai & Arms Control: The Cold War Continued, Robert Sobon

Student Works

No abstract provided.

The Art Of Inheritance: Comparing The Upc And Upa To Determine Which Act Suits Embryo Inheritance Rights Best., Morgan G. Valeo

Student Works

No abstract provided.

A New Era Of Family Planning: The Legal Concern With Frozen Embryo Disposition, Nathania E. Lim

Student Works

No abstract provided.

The Olympics And Cannabis, Nicholas Coughlin

Student Works

No abstract provided.

The Deceiving Pocket-Sized Device That Has Fueled A New Age Of Tobacco Smokers, Jilsime Beciri

Student Works

No abstract provided.

Reclassifying Cannabis As A Schedule Iii Drug, Rj Prifitera

Student Works

No abstract provided.

Removing Cms Constraints And Going Beyond The Ncd Approach A Broader Set Of Congressional Legislative Action And Policy Reforms To Address Increase In Prescription Drug Spending And Improve Medicare Beneficiary Access To New Drugs, Akil I. Dharamsi

Student Works

No abstract provided.

When Farmacies Replace Pharmacies: Regulating The “Food-As-Medicine” Movement, Elizabeth Sharpe

Student Works

No abstract provided.

Overregulating Cannabis And Underregulating Prescription Opioids: Is A Compelling Opioid Crisis Remediation Strategy Getting Lost In The Weeds?, Jared Blau-Kursman Esq.

Student Works

No abstract provided.

Streaming Property, Lee Anne Fennell

Public Law and Legal Theory Working Papers

People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a set of facilitating conditions and complementary goods, such as public infrastructure, that do not lie within the asset owner’s individual control. This Essay argues that we can gain fresh traction on inequality by recasting property as service streams rather than as owned things. Doing …

Siege Starvation: A War Crime Of Societal Torture, Tom Dannenbaum

Chicago Journal of International Law

A recent amendment to the Rome Statute of the International Criminal Court has drawn unprecedented attention to the war crime of starvation of civilians as a method of warfare. It comes at a time when mass starvation in war is resurgent, devastating populations in Yemen, Ethiopia, Syria, South Sudan, Nigeria, and elsewhere. The practice has also drawn the scrutiny of the United Nations Security Council. And yet, despite this heightened profile and sharpened urgency, what precisely is criminally wrongful about starvation methods remains underspecified.

A common way of thinking about the criminal wrong is as a form of killing or …

Searching For Justice For Australia’S Stolen Generations, Keila Mayberry

Chicago Journal of International Law

Until the early 1970s, Australian federal and state government agencies forcibly removed tens of thousands of Aboriginal and Torres Strait Islander children from their families and placed them up for adoption or in group homes and church missions. These children are known as the “Stolen Generations.” Domestic remedies have proven insufficient in securing justice for the Stolen Generations and international adjudication may be a viable alternative. This Comment examines whether Australia may be haled before the International Court of Justice (ICJ) for violations of the Genocide Convention for its Stolen Generations policies. Australia’s policies likely constituted a violation of Article …

The Downward Spiral Of The Misogynistic Video Game Industry: It's Truly Up To The "Last Of Us", Lauren Cho

Loyola of Los Angeles Entertainment Law Review

With the surge of lawsuits in 2021 against video game companies alleging

gender discrimination, it is evident that sexism and misogyny run rampant

within the video game industry, but two questions remain. What causes,

if any, may be attributable to the misogynistic mindset of male gamers? And

what can the video game industry and the law do to rectify the dominance of

“frat boy culture” that continues to plague women—regardless of whether

they are casual or professional gamers, or regular employees in game developing

companies?

California’s labor laws are supposed to be the most protective of employees;

yet two lawsuits …

Coping With E-Waste: Prospects Of E-Waste Circular Economy Within The Gcc: Analyzing The Legal Framework On Recycling Of E-Waste Within The Gcc, Ali Saeed Alrobayee

Dissertations & Theses

The GCC has experienced rapid population growth and urbanization in the last 40 years. The rise in population has caused a surge in e-waste within the GCC countries. Electronic waste poses severe health and environmental risks, calling for the adoption of a circular economy where e-wastes are converted into valuable products through recycling. However, achieving a circular economy requires a robust legal framework, technologies and policies as practiced globally. The Global E-waste Monitor has traced e-waste generation in the GCC countries since 2014. One critical finding is that the e-waste generation has surged with population growth, urbanization and the advancement …

Effectiveness Of The Existing International Humanitarian Law Provisions In Protecting The Natural Environment During Internal Armed Conflicts, Joharah M. Alkahtani

Dissertations & Theses

The environment is inherently at risk in any armed conflict and the natural environment is always a victim of wars. In order to properly protect the environment, the international community must explicitly recognize the civilian nature of the environment and bar all damages to it notwithstanding its extent, longevity and severity. The current study focuses on the environmental protection during armed conflicts. In World War I, parties employed the indiscriminate use of chemical weapons as a way of gaining military advantage over their enemies. The world responded by adopting the Convention on the Prohibition of the Development, Production, Stockpiling and …

Reflections On A Crit Clinic, Elizabeth L. Macdowell, Nina L. Terzian

Scholarly Works

No abstract provided.

Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang

Scholarly Works

No abstract provided.

Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces, Justin Iverson

Scholarly Works

In section II, this paper will begin with an analysis of the development of AI, noting famous examples and establishing a baseline definition as a lens for the rest of this discussion. This paper will assess aspects of AI and machine learning to the extent it furthers our understanding of AI’s ability to collect data and make decisions. Some popular culture references will be brought into focus here to recognize storytelling’s ability to inspire and influence real-world scientific pursuits. Of preliminary importance, the AI we have both dreamed of and feared are certainly kept in mind as technology advances through …

Misogyny And Murder, Ann C. Mcginley

Scholarly Works

The Atlanta-area shootings of six Asian women in massage parlors in March 2021 raised awareness about anti-Asian discrimination and violence in the United States. When the perpetrator, Robert Aaron Long, shot the Atlanta-area spa victims, public speculation arose about whether he was motivated by hatred for the Asian victims because of their race. Many wondered whether the shooter would be charged and convicted of hate crimes against the victims. When asked by police about his motives, the perpetrator stated that he had a "sex addiction," meaning that the spas created intolerable sexual temptations that he was unable to resist. Considering …

Indigenous Subjects, Addie C. Rolnick

Scholarly Works

No abstract provided.

Transcript Of Video File: Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Ann C. Mcginley, Allegra Fishel, Alexis Ronickher, Joseph M. Sellers, Bernice Yeung

Scholarly Works

This is a video transcript of a panel session in the Enhancing Anti-Discrimination Laws in Education and Employment symposium.