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Introduction: Amr Belongs In The Pandemic Instrument, Susan Rogers Van Katwyk, Kevin Outterson

Faculty Scholarship

In the wake of COVID-19, the World Health Organization established an Intergovernmental Negotiating Body to negotiate a new instrument for pandemic prevention, preparedness, and response. This special issue of the Journal of Law, Medicine & Ethics brings together multidisciplinary scholarship to address the question of whether antimicrobial resistance should be included in this new instrument. Drawing from disciplines including law, anthropology, history, public health, public policy, economics, and veterinary medicine, this special issue explores the inclusion of AMR within the Pandemic Instrument from three perspectives: first, through the lens of global AMR governance, second, from the perspective of technical governance …

Privacy Vs. Identity Rights: A Call For The United States To Adopt The United Kingdom’S “Open Id” System For Artificial Reproductive Technology, Rachel L. Emerson

Case Western Reserve Journal of International Law

No abstract provided.

Information As Power: Democratizing Environmental Data, Annie Brett

Utah Law Review

Environmental data systems have largely escaped scrutiny in the past decades. But these systems are the foundations for evaluating environmental priorities, making management decisions, and deciding which perspectives to value. Information is the foundation of effective regulation. The decisions regulators make about gathering, assimilating, and sharing information are, in many cases, determinative of the outcomes they reach. This is certainly true in the case of the environment.

This paper looks at how current environmental regulation has created data systems that undermine scientific legitimacy and systematically prevent stakeholder participation in environmental decision-making. These data systems concentrate power within federal and state …

Constitutional Authority, Common Resources, And The Climate, Anthony Moffa

Utah Law Review

History, text, and precedent reveal an understudied and underutilized source of constitutional authority for environmental protection—the Property Clause of Article IV, Section 3. The Clause vests Congress with the “Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” This work re-examines these words, the context in which they were written, and the limited judicial decisions interpreting them with an eye towards increased congressional reliance on the Property Clause in the face of daunting threats to our natural environment. Much prior scholarly explanation of the Property Clause focused …

Viral Sovereignty, Vaccine Diplomacy, And Vaccine Nationalism: The Institutions Of Global Vaccine Access, Sam F. Halabi, Ana Santos Rutschman

Emory International Law Review

The COVID-19 pandemic has triggered a global vaccine race. Distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. This Article is the first to describe the phenomena that have driven the development of international vaccine-sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

This Article explores the longstanding dissociation between global public health imperatives and nationalist responses to pandemics within the frameworks of “vaccine nationalism,” “viral sovereignty,” and “vaccine diplomacy.” The Article then considers …

The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's The Specter Of Dictatorship: Judicial Enabling Of Presidential Power (2021), Jed Handelsman Shugerman

Faculty Scholarship

In "The Specter of Dictatorship: Judicial Enabling of Presidential Power," David Driesen questions the unitary executive theory and other doctrines of unchecked executive power. He offers primarily a critique of purposivism, a mix of original public meaning and more recent history illuminating those purposes: the Founders’ anti-tyranny purpose and then the rise of European tyranny from Nazi Germany to contemporary Hungary, Turkey, and Poland.
/="/">
/="/">This review first focuses on Driesen’s approach to Congress: He identifies the broad congressional delegation of powers to the president as a source of expansive executive power, but he does not entertain that doctrines …

Gender Unfreedom: Gender Diverse Perspectives From Digital India, Sara Bardhan

Journal of Feminist Scholarship

No abstract provided.

The Role Of Private Lands In Conserving Yellowston'e Wildlife In The Twenty-First Century, Arthur Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard

Wyoming Law Review

No abstract provided.

Fur-Ever Homes After Divorce: The Future Of Pet Custody, Sara Mićković

Animal Law Review

More than ever, Americans are considering their companion animals to be members of their families. However, the majority of states plainly consider companion animals to be personal property under the law in custody disputes. Therefore, when a pet custody dispute emerges in these states' courts, separated couples proceed to divide companion animals the same way they would other material belongings. At the same time, married couples in the United States are divorcing at increasing rates making these types of pet custody disputes an increasing issue in family courts around the country. Despite most states adopting this approach where companion animals …

The (Symbolic) Legislative Recognition Of Animal Sentience, M.B. Rodriguez Ferrere

Animal Law Review

This Article will draw conclusions from the legislative recognition of animal sentience in animal welfare legislation of Oregon, New Zealand and Quebec. A range of jurisdictions have, in recent times, amended their animal welfare legislation to recognize that animals are "sentient." While seemingly a progressive and welcome advance, there are a range of reasons to doubt the actual impact of such amendments. The limited impact of the amendments within animal welfare case law in these jurisdictions appear to confirm these doubts. This Article questions whether such symbolic amendments are benign or have a damaging effect on the attempt to reform …

Defining "Habitat" Post-Weyerhaeuser: Critical Habitat Regulations Under The Endangered Species Act Must Promote Species Recovery, Nate Mccabe

American University Law Review

As one of the strongest federal environmental statutes, the Endangered Species Act (ESA) is a powerful tool for environmental litigators to uphold the important conservation objectives articulated by Congress in 1973. In recent years, the role of “critical habitat” within the ESA has come into question. The Supreme Court decided in Weyerhaeuser that “critical habitat” must also qualify as “habitat,” but it failed to articulate any guidelines for determining what “habitat” actually is. This decision incited a regulatory tug-of-war over the proper definition of “habitat” within the ESA. This Comment explores the approaches to defining “habitat” employed by the Trump …

Polluters Paradise: The Dark Canon Of The United States Supreme Court In Pollution Control Law, Oliver A. Houck

American University Law Review

This Article is the last in a series of four articles exploring the Supreme Court's destructive legacy on environmental protection in the United States. This Article specifically explores the relationship between the Supreme Court and pollution through the lens of four landmark cases. Perhaps unsurprisingly, these cases together evince the Court’s tendency to distort both facts and law to reach outcomes that will benefit industrial polluters and emitters alike.

In the first case, Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, the Court disregarded EPA regulations banning the discharge of toxic materials into waters to approve a pollution-heavy mining operation. …

Sarah And Sam Make Contact: Thoughts On The Contact Sports Exception And Title Ix At 50, Adam Epstein

Marquette Sports Law Review

No abstract provided.

Why Does The Federal Government Get A Pass? Applying Best Practices In Child Protection To The Circumstances Of Migrant Children And Families, Randi Mandelbaum

American University Law Review

For too long, the United States has had a separate child-caring system for migrant children and families that operates alongside our domestic child welfare systems. The latter is a robust system focused on the principles of safety, wellbeing, and permanency; while the former flouts constitutional protections, separates children from parents, and perpetuates a system that is detaining children, warehousing them in large jail-like settings at worst, and sheltering them in large congregate care facilities at best. Children are being harmed, some irreparably.

Yet, if our child welfare laws reflect what we know to be proper standards for caring for vulnerable …

The Good, The Bad, And The Ugly: Black Lives Matter Protests, The January 6th Insurrection, And Facial Recognition Technology As Admissible Evidence, Laura C. Powell

American University Law Review

The debate surrounding law enforcement’s use of facial recognition technology (FRT) continues to raise concerns about accuracy, reliability, and equity. Nonetheless, law enforcement agencies continue to purchase, implement, and use FRT as an investigative tool to identify suspects and make arrests. Yet, its ability to enter the courtroom remains untested. Consequently, this Comment seeks to answer the question if FRT was presented as evidence, would it be admissible? To answer that question, this Comment uses the arrests following Black Lives Matter (BLM) protests and the January 6th insurrection. These two events provide contrasting FRT software algorithms, racial compositions, and law …

What’S The Beef? The Fda, Usda, And Cell-Cultured Meat, Tammi S. Etheridge

Washington and Lee Law Review

Over the past ten years, administrative law scholarship has increasingly focused on interactions between multiple agencies. As part of this trend, most scholars have called for policymakers to combine multiple agencies, rather than rely on a single agency, to solve policy problems. The literature in this area espouses the benefits of shared regulatory space. But very little of this scholarship addresses when shared jurisdiction is problematic. This is particularly concerning when an agency opts into or cedes oversight authority to another agency at will, with little regard for whether the second agency is an appropriate regulator. The case of cell-cultured …

Patent Eligibility And Cancer Therapy, Christopher B. Seaman

Washington and Lee Law Review

As an empirical legal scholar, I am pleased to report that Sasha Hoyt has done what very few law students—and even many law professors—could achieve. She successfully conducted a novel empirical study to assess the real-world impact of a U.S. Supreme Court decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., on venture capital (VC) investment in startups and other companies that develop medical diagnostic technology.

As Ms. Hoyt notes, patent protection is particularly important for startup companies, as it can help protect their innovations from unauthorized use, attract funding and other investments, and foster collaboration with third parties. In …

Public Citizen's Advocacy Campaign Opposing Fda Approval Of Aducanumab For Alzheimer's Disease: The Fight Against Regulatory Capture, Michael A. Carome

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Diversity's Pandemic Distractions, Jonathan Kahn

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Filling In The Gaps: Inaccurate Medical Records In Adoption, Leah Rothfeld

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Elevated Blood Lead Levels As Eligibility Criteria For Early Intervention Programs, Meghan Sink

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Abolishing The Evidence-Based Paradigm, Erin Collins

Law Faculty Publications

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Protect And Serve, Marissa Jackson Sow

Law Faculty Publications

There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these theories rest upon the basic assumption—undergirded by constitutional, civil rights, and human rights law—that Black people in the United States are entitled to due process and equal protection when they are in contact with the police or other law enforcement officers.

This Article uses …

Why Not Both Nature And Nurture: Using Behavioral Genetic Markers As Sentencing Factors, Seely Kaufmann

Law Student Publications

"On the evening of July 1, 2013, Amos Wells was upset that his pregnant girlfriend, Chanice Reed, would not answer his calls. He then drove to where she, her mother Annette, and ten-year-old brother Eddie, lived. After arguing with Chanice and yelling at the top of his voice in a “bone-chilling scream,” Wells retrieved a handgun from his Chevrolet Tahoe parked in front of the house, and shot Chanice in the front yard as she screamed, “No, no, no.” Her mother then tried to bat the gun away before he shot her too. Further shots were heard before Wells finally …

Overcoming Inertia To Deliver Sentience Policy Commensurate With Sentience Science, Claire Bass

Animal Sentience

Rowan et al’s target article makes clear that meaningful change in policy and practice to protect animals has failed to progress in lockstep with scientific understanding of their sentience and needs. The underlying causes for inertia in political and practical progress for animals in the UK context are multi-faceted and complex, including economic forces; lack of cross-departmental accountability for animal welfare; and challenges where it suits conservation scientists to dismiss or downgrade the impacts of management decisions on individual animals. All of these influences and more must be understood and addressed if we are to deliver meaningful and timely protections …

An Intellectual Property Fix For Platform Salesjacking, Eric E. Johnson

Faculty Articles

The aim of this Essay is to introduce an intellectual property angle to a current controversy that has been understood to be a matter for antitrust law. The controversy arises when a platform company--most famously Amazon--uses its platform to host a marketplace for independent retailers while simultaneously hosting itself as a retailer on the platform, thus competing as a retailer with an inside advantage. Critics say this setup allows platform firms to cherry-pick the best product ideas from small, independent retailers and then hijack their sales. This Essay seeks to advance the conversation about this controversy, making at least four …

Reflective Journal: Curricular Deficits, Pedagogical Challenges And Constructing Community In A Non- Traditional Law School Class, Rita A. Sethi

Roger Williams University Law Review

No abstract provided.

Focus On The Future: An Interview With Kylie Lovett, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins

Law Faculty Scholarship

No abstract provided.

A Failed Experiment: Conversion Therapy As Child Abuse, Cory W. Lee

Roger Williams University Law Review

No abstract provided.

Ten Years Later, Prea Does Not Live Up To Its Goal: Amending The Statute To Reduce Discriminatory Violence Against Transgender Prisoners, Carla Aveledo

Roger Williams University Law Review

No abstract provided.