Digital Commons Network^™

Replicability In Empirical Legal Research, Jason M. Chin, Kathryn Zeiler

Faculty Scholarship

As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review article, we summarize the current state of ELR relative to the broader movement towards …

How Analogizing Socio-Legal Responses To Organ Transplantation Can Further The Legalization Of Reproductive Genetic Innovation, Myrisha S. Lewis

Faculty Publications

The Nobel Foundation emphasized the significance of genetic innovation to society, science, and medicine by awarding the 2020 Nobel Prize in Chemistry to “the CRISPR/Cas9 genetic scissors.” This Article focuses on “reproductive genetic innovation,” a term that includes cytoplasmic transfer, mitochondrial transfer, and germline or heritable gene editing techniques that are all categorized as “experimental” in the United States. These techniques all use in vitro fertilization, a legal and widely available practice. Yet reproductive genetic innovation has resulted in controversy and numerous barriers including a recurring federal budget rider, threats of federal enforcement action, and the unavailability of federal funding. …

Race-Based Remedies In Criminal Law, Ion Meyn

William & Mary Law Review

This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring public safety. As jurisdictions assiduously attempt race-neutral fixes, they also acknowledge the shortcomings of such interventions. Nevertheless, jurisdictions dismiss the feasibility of deploying more effective race-conscious strategies due to the shadow of a constitutional challenge. The apprehension is understandable. Debates around affirmative action in higher education and government contracting reveal fierce hostility toward race-based remedies.

This Article, …

Discontinuity Between Religion, Law, And Society Through Animal Treatment In Morocco, Michael Altman

Independent Study Project (ISP) Collection

Animal treatment is a topic which is covered by many facets of what helps create the guiding principles for humans, yet all in different ways; there is some overlap, and there is some distinction. From my three months of study in Rabat, Morocco, seeing how each person approaches the homeless animal differently, I write on how three important overarching areas: religious, legal, and societal, discuss how animals should be treated.

In this paper, I will be analyzing religious texts, legal writings both in place and in draft, and will rely on external works written animal markets and on the school …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Deceive, Profit, Repeat: Public Deception Schemes To Conceal Product Dangers, Wes Henricksen

Cardozo Law Review

Companies in numerous industries have misled the public by hiding the dangers posed by their products. Sugar manufacturers hid the dangers of high fructose corn syrup and misdirected the public’s attention to fat, causing an epidemic of diabetes, obesity, and heart disease. Opioid manufacturers hid the dangers and addictiveness of opioid painkillers, leading to the opioid crisis. Fossil fuel companies misled the public about the causes, certainty, and effects of global warming, resulting in massive unregulated CO2 emissions and causing one of the greatest threats to humankind. This Article identifies all such schemes as belonging to a category of wrongs …

A Clarified Standard? A Case Note On Monasky V. Taglieri, Rebecca Jacobson

Cardozo Law Review

No abstract provided.

Suffering Uncompounded: Civilizing Healthcare Standards For Gender Dysphoric Prisoners, Julian S. Cohen

Cardozo Law Review

No abstract provided.

Racial Recognition, Eldar Haber

Cardozo Law Review

No abstract provided.

Internet Of Things Software And Hardware Architectures And Their Impacts On Forensic Investigations: Current Approaches And Challenges, Abel Alex Boozer, Arun John, Tathagata Mukherjee

Journal of Digital Forensics, Security and Law

The never-before-seen proliferation of interconnected low-power computing devices, patently dubbed the Internet of Things (IoT), is revolutionizing how people, organizations, and malicious actors interact with one another and the Internet. Many of these devices collect data in different forms, be it audio, location data, or user commands. In civil or criminal nature investigations, the data collected can act as evidence for the prosecution or the defense. This data can also be used as a component of cybersecurity efforts. When data is extracted from these devices, investigators are expected to do so using proven methods. Still, unfortunately, given the heterogeneity in …

Merespon Lgbtiq Ditinjau Berdasarkan Hukum Pidana Islam, Muhammad Furqan Sultan Deyis, Kemal Azizi

Journal of Islamic Law Studies

Lesbian, Gay, Bisexual, Transgender, Intersexual, Queer (LGBTIQ) is a phenomenon that spreads in the modern era as a form of sexual deviation which is strongly influenced by wrong parenting, inadequate Islamic religious education, bad social relations, and factors from poor information and communication obtained from social media. The growth and development of children include important aspects that must be balanced and directed proportionally. Aspects of children's growth and development include: spirituality (faith), physical (physical), psychological (psychic), intellectual, emotional, moral, social, sexual, and economic should be balanced with each other. If parents and teachers can balance these aspects of education, understanding …

Pandangan Hukum Positif Dan Hukum Pidana Islam Mengenai Penganiayaan Hewan: Studi Kasus Penganiayaan Anjing Di Kabupaten Aceh Singkil Pembukaan Wisata Halal, Eva Nurhafiah Salsabilah, Moh. Yuflih Huda Maheswara

Journal of Islamic Law Studies

One of the essential sectors that drive the national economy is the tourism sector. Nowadays, the halal tourism sector (halal tourism) is starting to be developed in various countries. In Indonesia, the government coordinates with various parties for the realization of halal tourism which is starting to develop in various regions, including Aceh. One of the events that attracted attention related to halal tourism was the case of persecution of dogs by the apparatus in Aceh Singkil Regency. The rise of this news prompted the local government to form an investigative unit to investigate the alleged abuse of the animal. …

Trends In National-Level Governance And Implementation Of The Philippines' Responsible Parenthood And Reproductive Health Law From 2014 To 2020, Vanessa T. Siy Van, Jhanna Uy, Joy Bagas, Valerie Gilbert T. Ulep

Health Sciences Faculty Publications

In 2012; the Philippines passed the Responsible Parenthood and Family Planning Law; a landmark legislation billed as a multisectoral and rights-based approach to further sustainable human development. This article is part of the first comprehensive evaluation of the implementation of the law by national-level actors. This evaluation is intended to assess the progress of implementers in the conduct of mandates; roles; and responsibilities described in the law and its implementing guidelines. Interviews with key national government officials and data from official documents and literature revealed 3 major trends in governance and implementation from 2014 to 2020. First; despite being a …

Persons With Disabilities In The Life Of A Society: A Historical-Political Analysis, Farida Begbutayeva

Scientific reports of Bukhara State University

Abstract. The issues of participation of persons with disabilities in socio-political development of society are analyzed in the scientific article. Attitude to persons with disabilities is usually formed due to the process of historical development of each country, the specific mentality of the people living in it. As a measure of the level of justice in any society, attention is paid to persons with disabilities living in that state, also measured by the level of living conditions created for them. Introduction. When we analyze the relationship towards to persons with disabilities, we can see that its history dates back to …

Pandemic Policing, Christian Sundquist

Georgia State University Law Review

No abstract provided.

"Prep"Aring For A Challenge To Government-Owned Patents, Caleb Holland

Catholic University Law Review

The United States Government owns one of the largest patent estates in the world, but it rarely brings suit for patent infringement. To understand why that may be, this paper looks critically at the Government as a patent holder. Specifically, the paper reviews the fundamentals of American patents and explores the intricacies unique to the Government as an entity that both grants and holds patent rights. The paper examines the historical progression of how the United States Government positions itself with regard to its patents, tracing this evolution from Constitutional origins to more recent statutory refinements. Finally, the paper looks …

Tinjauan Yuridis Terhadap Perlindungan Anak Dalam Ruang Siber Di Indonesia, Muhammad Rafifnafia Hertianto

Jurnal Hukum & Pembangunan

Indonesia high internet development and penetration rate make the child as user in a vulnerable position tocyberspace threat. Ironically Indonesia until this moment has no specific law or technical mechanism that can guarantee child security and fulfill child rights. In the current situation the number of criminal reports which utilize internet as its medium arehigh and keep on increasing over the year. This research aim to analyze the concept of child protection in cyberspace based on existing regulations on child protection. This research uses normative juridical methods and secondarydata which is then analyzedto state conclusion and recommendation. Based on the …

Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic

International Law Studies

This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian …

The Supreme Court, The Texas Abortion Law (Sb8), And The Beginning Of The End Of Roe V Wade?, I. Glenn Cohen, Eli Y. Adashi, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Thirteen states have enacted so-called “fetal heartbeat” laws banning abortions once embryotic cardiac activity can be detected. Courts have enjoined their enforcement as unconstitutional. However, on September 1, 2021, the Supreme Court declined to block a Texas fetal heartbeat law, which virtually eliminates access to abortion services. Texas Governor Greg Abbott signed SB8 into law on May 19th, with an effective date of September 1st. The law essentially prohibits abortion after 6 weeks of gestational age, before most women know they are pregnant.

Texas’ fetal heartbeat law has a unique feature. It empowers private individuals to bring civil lawsuits not …

Enhancing Environmental Protection In Relation To Armed Conflict: An Assessment Of The Ilc Draft Principles, Daniëlla Dam-De Jong, Britta Sjöstedt

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein

Brooklyn Law Review

In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …

Dobbs V. Jackson Women's Health Organization: Brief For Constitutional Law Scholars Lee C. Bollinger, Erwin Chemerinsky, Sherry F. Colb, Michael C. Dorf, Daniel Farber, Joanna L. Grossman, Leah Litman, Martha Minow, Jane S. Schacter, Suzanna Sherry, Geoffrey R. Stone, David A. Strauss, And Laurence H. Tribe As Amici Curiae Supporting Respondents, Leah Litman

Appellate Briefs

Amici, listed in Appendix A, are constitutional law scholars who teach and write in the field of constitutional law, including on limits on the regulation of abortion. They share an interest in promoting the stability of this Court’s abortion jurisprudence as well as its continuity with the constitutional law governing related rights.<\p>

For nearly 50 years, the Supreme Court has recognized that the Due Process Clause of the Fourteenth Amendment protects a woman’s fundamental right to decide whether to have an abortion. See Roe v. Wade, 410 U.S. 113, 153-54 (1973). Accordingly, in Roe, the Court held that prior …

Normative Dimensions Of Consenual Application Of Black Box Artificial Intelligence In Administrative Adjudication Of Benefits Claims, Frank Pasquale

Law and Contemporary Problems

No abstract provided.

Are Judges More Transparent Than Black Boxes? A Scheme To Improve Judicial Decision-Making By Establishing A Relationship With Mathematical Function Maximization, Wim De Mulder, Peggy Valcke, Geneviève Vanderstichele, Joke Baeck

Law and Contemporary Problems

No abstract provided.

The New Parental Rights, Anne C. Dailey, Laura A. Rosenbury

Duke Law Journal

This Article sets forth a new model of parental rights designed to free children and families from the ideals of parent–child unity and family privacy that underlie the law’s expansive protection for parental rights. The law currently presumes that parents’ interests coincide with those of their children, creating an illusion of parent–child union that suppresses the very real ways in which children’s interests and identities, even at a young age, may depart from those of their parents. Expansive protection for parental rights also confines children to the private family, ignoring children’s broad range of interests beyond the family and thwarting …

Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Emergency Medicine Shift Factors Causing The Most Stress Among Emergency Medicine Residents, Mohamad Moussa, Kristen Hayden, Chia-Hao Shih, Sadik Khuder, Zayd Safadi, Connor Parsell

Journal of Wellness

Introduction: Past studies demonstrate that stress and anxiety affect emergency medicine physicians, but the causal factors identified are usually from sources outside the work shift. We attempt to show the relationship between intrinsic factors of a work shift and anxiety perceived by residents, while also examining differing gender responses.

Methods: In 2018, a cross-sectional survey of emergency medicine residents in the United States was distributed anonymously through the Emergency Medicine Residents Association. The survey consisted of demographic questions, novel questions identifying intrinsic factors, and the Generalized Anxiety Disorder 7-item (GAD-7) scale. Spearman correlation, independent t-test, and multivariate analysis of variance …

Institutionalized Child Abuse: The Troubled Teen Industry, Yasmin L. Younis

SLU Law Journal Online

The “troubled teen industry” is an industry providing behavioral modification treatment to youths that promises to keep children safe, but by design is a breeding grounds for institutionalized child abuse through legal loopholes. By analyzing the legal shortcomings and alleged abuses, Yasmin Younis stresses the importance of heavy regulation in order to provide the necessary treatment some of these children need.

Why Patent Monopsonies Increase Consumer Welfare, Tod Duncan, Bernard Chao

Sturm College of Law: Faculty Scholarship

Technical standards are an essential part of how the modern world operates. Standards enable different devices to communicate with each other, use the same power supply and even exchange data. These standards are created by groups of companies coming together through standard settings organizations (SSOs). Besides defining standards, SSOs set policies that affect how much member companies charge for their standard essential patents (SEPs). Unsurprisingly, many companies want to pay less for these patents. But as SSOs adopt policies that lower patent prices, their conduct begins to look like collusion subject to antitrust scrutiny. Indeed, classic economic theory suggests that …

Vol. 61, No. 03 (September 6, 2021)

Indiana Law Annotated

No abstract provided.