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Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Brand New World (Parallel Session 1.B. - Trademarks), Christine Farley

Presentations

By American University Washington College of Law, Texas A&M University School of Law, and University of Utah S.J. Quinney College of Law.

Navigating The Blue Economy, Edward Canuel

William & Mary Environmental Law and Policy Review

The time has come, the Walrus said,

To talk of many things:

Of shoes—and ships—and sealing-wax—

Of cabbages—and kings—

And why the sea is boiling hot—

And whether pigs have wings.

And like the conversation of the Walrus and Carpenter walking along the “wet as wet could be” sea, the blue economy offers us the opportunity to talk of many things. Part I of this Article analyzes what the blue economy is and its relevance. Governance mechanisms, including ecosystem-based management and marine spatial planning are introduced and reviewed. The section discusses the benefits associated with such mechanisms, including streamlined decision-making, …

Anti-Science Ideology, Shi-Ling Hsu

University of Miami Law Review

Political attacks against scientists and scientific research are nothing new, though the Trump Administration appears to have increased both the breadth and the depth of such attacks. What is new, it seems, are attacks on science that are not in service of protecting any identifiable regulated industry. Under the Trump Administration, the attacks on science are more systemic, and aimed more at reducing scientific capacity in the federal government, rather than mere one-off policy interventions to help an individual industry.

This Article suggests that the Trump Administration, more than previous administrations, has sought to use science as part of a …

How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler

Grawemeyer Colloquium Papers

Across the world, it is estimated that 4.5 billion people live near water sources “impaired” for use or contact. Standards for human-interaction are established by international organizations such as the WHO, and legislative bodies from national to local levels with jurisdiction over the quality of our waterways to ensure public & environmental health. Standards are often assessed from “grab-samples” taken from a waterbody at a certain time, with a minimum number analyzed. Water-quality standards in the United States are enforced under the Clean Water Act (CWA) via the Environmental Protection Agency (EPA), applying to “waters of the United States” (WOTUS). …

Balancing Trade And Economic Security: Andritz V. United States And The Role Of Customs And Border Protection In Enforcing The Plant Protection Act, Alexandra Khrebtukova

University of Miami International and Comparative Law Review

This paper examines the case of Andritz v. United States—first filed in the U.S. Court of International Trade then transferred to the U.S. District Court for the Southern District of Texas—as a demonstrative case study highlighting the collaboration between U.S. Customs and Border Protection (CBP) of the Department of Homeland Security and the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture. CBP is charged with facilitating legitimate trade and travel while safeguarding the borders of the United States to protect against, inter alia, the entry of dangerous goods, including through agricultural import and entry inspection. …

Code Of Best Practices In Fair Use For Open Educational Resources: A Guide For Authors, Adapters & Adopters Of Openly Licensed Teaching And Learning Materials, Meredith Jacob, Peter Jaszi, Prudence S. Adler, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

This code of best practices includes descriptions, hard cases, principles, and considerations for fair uses of materials in open educational resources with respect to United States copyright law, and with some discussion of copyright outside the United States context.

Open Educational Resources and Fair Use

Educators, librarians, and institutions have invested in the creation of openly licensed, freely distributed open educational resources (OER) to advance a wide range of goals within the educational system. Open educational resources enable flexible and open pedagogy; increase access to authorship and facilitate representation of different student experiences; and increase equity by reducing the barriers …

Reproducing Race In An Era Of Reckoning, Dov Fox

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

What place should racial preferences have when people make a family? People might have all sorts of reasons for caring about race in their search for a romantic partner, sperm or egg donor, or child to foster or adopt. Maybe they think such resemblance will make it easier for them to bond with their kids, or easier for others to appreciate they are the parents. A growing school of legal scholars condemns racial matching in the buying and selling of reproductive materials specifically—on the ground that it shores up racial hierarchy and promotes eugenic logic. I see two problems with …

Taxing Parents: Welfarist Theories, Shannon Weeks Mccormack

BYU Law Review

The Internal Revenue Code (the "Code") taxes parents inequitably. Couples with a sole earner are undertaxed compared to couples with dual earners and to single parents. Legal tax scholarship (including my own) has identified the many inequities that result from this sole-earner bias and have called for its elimination. But while these arguments have been sufficient for some, they do remain susceptible to the criticism that they are theoretically incomplete.

That critique might proceed as follows. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, it might be argued, the Code plays …

Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Is There A “Mulatto Escape Hatch” Out Of Racism?: A Reflection On Multiracial Exceptionalsim During A Time Of #Blacklivesmatter, Tanya Katerí Hernández

Journal of Civil Rights and Economic Development

(Excerpt)

To have a symposium organized to review the ideas in my book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, is an honor, and the JCRED editors, along with their dynamic Faculty Advisors Elaine Chiu and Rosa Castello, have my gratitude for pulling it all together. Having each symposium contributor take the time to deeply engage the ideas in the book is an incredible gift, and exactly what every author dreams of—being read and provoking reflection. Without readers, ideas do not have an opportunity to matter. Thank you Taunya Lovell Banks, Nancy Chi Cantalupo, and Jasmine Mitchell, for …

“I Think You Didn't Get It Because They Misidentified You As Latina”: A Commentary On Multiracials And Civil Rights: Mixed-Race Stories Of Discrimination, Nancy Chi Cantalupo

Journal of Civil Rights and Economic Development

(Excerpt)

Liz was interviewing for a tenure-track, entry-level law faculty position at Law School X, “ranked” (in that year) around 100. She had heard a rumor that the law school was determined to hire a person who would add to the diversity of the faculty, which was both White- and male-dominated.

Liz’s “job talk,” a presentation on a current article that she was writing, used Liz’s own multiracial identification to illustrate a point relevant to her research, which utilized both critical race theory and feminist legal theory. In the course of explaining her illustration, Liz mentioned that she was often …

Personal Identity Equality And Racial Misrecognition: Review Essay Of Multiracials And Civil Rights: Mixed-Race Stories Of Discrimination, Taunya Lovell Banks

Journal of Civil Rights and Economic Development

(Excerpt)

There is a growing body of social science literature documenting multiracials as an “emergent minority group. . . who . . . have not always been recognized as either a separate racial group or as legitimate members of racial groups.” Tanya Hernández has been writing about aspects of American multiracialism for twenty years. Her 1998 article in the MARYLAND LAW JOURNAL focused on the multiracial discourse about racial categories on the 2000 U.S. census. In that article, she analyzes the multiracial identity movement’s effort to get a multiracial category on the U.S. census. Although that movement failed, the 2000 …

Commentary And Book Review: Multiracials And Civil Rights: Mixed-Race Stories Of Discrimination, Jasmine Mitchell

Journal of Civil Rights and Economic Development

(Excerpt)

Can a drop of whiteness or “looking white” save someone from anti-Blackness? Are mixed-race peoples special, and should they be a protected class under the law? Did Loving v. Virginia’s legalization of interracial marriage lead to race becoming insignificant? Tanya Hernández’s Multiracials and Civil Rights: Mixed-Race Stories of Discrimination debunks persistent myths that racial mixture will eradicate racism and heal the racial wounds of the United States. Using cases and other legal sources, Hernández persuasively argues that multiracials are not exempt from racial discrimination. Multiracials and Civil Rights crystalizes the pervasiveness of white supremacy while offering a sociopolitical lens …

Could Changes To The Endangered Species Act Actually Threaten Species?, Manuel L. Colon Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Plenary Session 2 - The Impact Of “Impact” In Ip Scholarship: Citations, Downloads And Why We (Should/Don’T) Care, Christine Farley, Gregory N. Mandel, Leah Chan Grinvald, Kimberlee Weatherall, Paul Heald

Presentations

By American University Washington College of Law, Texas A&M University School of Law, and University of Utah S.J. Quinney College of Law.

Can Track And Field’S Governing Body Ban Female Runners From Competing In The U.S. Because Of High Testosterone Levels?, Katz, Ronald S., Luckinbill, Robert W.

Santa Clara Law Review

This article explores the applicability, if any, in the United States of a decision rendered by a private sports arbitration organization in Lausanne, Switzerland: the Court of Arbitration for Sport (CAS). The decision validated regulations of World Athletics—the private organization that governs track and field internationally—which had the effect of banning an Olympic champion, Caster Semenya of South Africa, from international competition against females because she had testosterone levels that World Athletics deemed too high. The article focuses on the fact that the CAS decision uses the law of Monaco to decide the matter. CAS specifically states that the decision …

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Brief Review Of Cas Doping Jurisprudence Issues,, Mitten, Matthew J.

Santa Clara Law Review

This article briefly summarizes several leading, recent Court of Arbitration for Sport arbitration awards interpreting and applying the 2015 World Anti-Doping Code (WADC) and, in a few instances, its 2009 or 2003 prior versions. It provides a primer regarding various issues frequently arising in Olympic and international sports doping cases, including proof of Anti-doping Rule Violations (ADRVs) by nonanalytical positive evidence; rebuttal of presumed intentional ADRVs; proof of an athlete’s no fault or no significant fault; determination of an athlete’s appropriate period of ineligibility less than the presumptive standard sanction for an ADRV; and determination of the appropriate period of …

Opening - Welcome And Instructions, Christine Farley, Irene Calboli, Jorge Contreras, J. Glynn Lunney

Presentations

By American University Washington College of Law, Texas A&M University School of Law, and University of Utah S.J. Quinney College of Law.

Sales, Acquisitions, And Mergers Of Direct-To-Consumer Genetic Testing Companies: The Risks And A Solution, Alyssa K Mcleod

Texas A&M Law Review

Direct-to-consumer genetic tests have become increasingly popular in the United States within the last few years. However, these tests pose many risks to the consumer, most notably privacy risks. A subset of these privacy risks involves the issue of company mergers, acquisitions, and sales. Many companies in the direct-to-consumer genetic testing market have privacy policies that contain a variation of a “business transfer” clause. These clauses specify that in the event the company goes through a business transition such as a sale, merger, or acquisition, the consumer’s personal information—including the consumer’s DNA—will be among the assets transferred. This Article explores …

Rising To The Challenge: Managed Retreat And The Taking Clause In Maine's Climate Change Era, Maye C. Emlein

Maine Law Review

It is a near scientific certainty that sea levels will rise between one and eight feet by the end of the century. This will wreak havoc on our infrastructure, ecology, and public health, and cause an unquantifiable amount of economic damage. Given the inevitability of sea level rise, state and local governments must facilitate the managed retreat of people and property away from vulnerable coastal areas. However, governments’ ability to facilitate managed retreat comes head-to-head with the Takings Clauses of the United States and Maine Constitutions, which state that the government may not take private property without paying just compensation. …

Modalities, Challenges, And Possibilities: An Introduction To The Pharmaceutical Innovation Symposium, Peter K. Yu

Texas A&M Journal of Property Law

On October 25, 2019, the Texas A&M Journal of Property Lawand the Center for Law and Intellectual Property at Texas A&M University School of Law jointly organized the “Pharmaceutical Innovation, Patent Protection, and Regulatory Exclusivities” Symposium. Although none of the organizers and participants could predict what was to come in the next few months, there was a wide consensus that the rapid changes in the pharmaceutical landscape and our continuous struggle to strike a proper balance between proprietary protection and public access in the public health arena deserves scholarly, policy, and regulatory attention.

To help contextualize the articles included in …

The Biologics Price Competition And Innovation Act 10--A Stocktaking, Yaniv Heled

Texas A&M Journal of Property Law

On March 23, 2010, President Obama signed into law the Biologics Price Competition and Innovation Act (BPCIA) as part of the Patient Protection and Affordable Care Act (“Obamacare”). The purpose of BPCIA was to create for biologics a regime similar to that of the Drug Price Competition and Patent Term Restoration Act (Hatch–Waxman Act) and, in so doing, to open biologics markets to competition and, subsequently, lower the price of these expensive and increasingly important pharmaceuticals. Using original data, this Essay takes stock of the decade that has passed since the enactment of BPCIA. This Essay surveys the state of …

Is Biopharma Ready For The Standard Wars?, Jorge L. Contreras

Texas A&M Journal of Property Law

This symposium contribution sheds new light on Momenta v. Amphastar, a case in which issues relating to standardization and patent disclosure that have previously been observed in the semiconductor, computing, and telecommunications sectors found their way into a dispute between two biosimilar manufacturers. One such manufacturer, Momenta, participated in the development of a standard for testing the purity of generic enoxaparin under the auspices of the United States Pharmacopeial Convention but failed to disclose that it had applied for a patent on the testing method. When Momenta later sued Amphastar for patent infringement by using the method in accordance with …

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …

Using Current Legal Tools To Achieve Net Zero Greenhouse Gas Emissions From New And Existing Federal Oil And Gas Leases, Jamie Gibbs Pleune, Nada Wolff Culver, John C. Ruple

Utah Law Faculty Scholarship

Fossil fuel development on federal lands accounts for 24% of all U.S. carbon dioxide (CO2) emissions. These emissions can be reduced significantly by requiring federal oil and gas development activity to mitigate greenhouse gas (GHG) emissions. The Bureau of Land Management (BLM) has authority to define the terms and conditions of new oil and gas leases and to impose conditions of approval on existing leases at the drilling stage. Using this authority, the BLM could require net zero emissions on some existing and all new oil and gas leases without waiting for congressional action or regulatory changes. Applying existing legal …

Covid-19’S Lasting Impact On The Sports Industry: Financial, Legal, And Innovation, Weston, Maureen A.

Santa Clara Law Review

The COVID-19 pandemic has wrought unprecedented havoc across the globe. Every sector of society has been impacted and forced to change business as usual, to re-evaluate priorities and systems, and to innovate amid the unknown and possible lasting impacts of this threat to public health and commerce. Sports worldwide are also profoundly impacted. Since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, nearly all competitive sports have been suspended, postponed, or cancelled, raising significant questions about how to deal with the severe financial impacts and legal issues, and when and how to resume play safely amid …

The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.