Digital Commons Network^™

Analyzing Pathways To The J.D. With National Student Clearinghouse Data, Tiffane Cochran, Lauren Walker

AccessLex Institute Research

The lack of diversity in legal education and the profession is a well-established fact. Data and rich commentary from law school scholars clearly illustrate barriers to entry for historically underrepresented groups. Yet, we continue to see persistent gaps in law school and bar admission among ethnic minorities—particularly, Black and Latinx students. And although information on first-generation and socioeconomically disadvantaged groups is harder to obtain, we also find inequitable access for these students where data are available.

Although discussions of law school diversity necessitate examination of students’ racial and socioeconomic backgrounds, they also require an analysis of the pathways students must …

Consumer Discrimination In The Health Care Industry, Anne-Marie Hakstian, Victoria Chase

Loyola Consumer Law Review

No abstract provided.

Realizing The Promise Of Justice: Proposing A First Amendment Test To Protect Against Unjust Ieepa Sanctions, Carly Malamud

Upper Level Writing Requirement Research Papers

No abstract provided.

Off-Label Use In The Twenty-First Century: Most Myths And Misconceptions Mitigated, 54 Uic J. Marshall L. Rev. 1 (2021), James Beck

UIC Law Review

No abstract provided.

“What I Said Was ‘Here Is Where I Cash In’”: The Instrumental Role Of Congressman Hatton Sumners In The Resolution Of The 1937 Court-Packing Crisis, 54 Uic J. Marshall L. Rev. 379 (2021), Josiah Daniel Iii

UIC Law Review

No abstract provided.

The Parthenogenesis Of Wigmore: A Humble History Of How A Confidentiality Requirement Arose Ex Nihilo To Become The Sine Qua Non Of Attorney-Client Privilege, 54 Uic J. Marshall L. Rev. 429 (2021), Jared Sunshine

UIC Law Review

No abstract provided.

The Nexus Of Law And Warfare In The Twenty-First Century, 53 Uic J. Marshall L. Rev. 513 (2021), Waseem Ahmad Qureshi

UIC Law Review

No abstract provided.

Kahler V. Kansas: The Supreme Court Case To Decide The Constitutionality Of Abolishing The Traditional Insanity Defense And Reconcile The Split Among The Circuits, 53 Uic J. Marshall L. Rev. 633 (2021), Michelle Disilvestro

UIC Law Review

No abstract provided.

2021 Biennial Report

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become a leading source for tech policy research and education and an indispensable resource to local, national, and international policymakers. In its seven-year history, the Lab has built a strong network and increased credibility that allows us to work directly with policymakers, publish research and guides on emerging technologies, and provide opportunities for the public to learn from experts. The last two years found not only our state, but our nation and the world in a time of great uncertainty. American society strives to reconcile centuries of racial and other …

Bargaining For Innovation, Elizabeth I. Winston

Scholarly Articles

Reward drives innovation. For this reason, Congress has enacted a system of patents, trademarks, and copyrights to incentivize innovation. Such publicly ordered intellectual property regulation supports public and private interests—mandating disclosure of the innovation while legislating protection of that disclosure. Increasingly, though, the legislated incentives are proving insufficient for innovation, and innovators are relying on private incentives, undermining the fundamental balance of our legal framework and maximizing the reward to innovators at the cost of the public’s interest. Enforcement of contracts that supplant legislation rather than supplement it contravenes public policy and vitiates the public’s interest. It is time to …

Environment, Mobility, And International Law: A New Approach In The Americas, David J. Cantor

Chicago Journal of International Law

The role of international law in regulating international movement in the context of global environment change and hazards remains a topic of intense debate among both legal scholars and practitioners. Yet, as this Article shows, we have largely reached the limits of what existing international law methods and approaches can tell us about the future of the law in this area. By contrast, this Article draws on a detailed regional case study to offer a distinct perspective to that ongoing debate about the role and future of international law. Against the backdrop of emerging patterns of mobility linked to devastating …

Is The Irish Immigration Policy Delivering The Best For Its Economy Through Its Non-Eu Dependent Immigrants. An Empirical Study, Pai M.J Arjun

Masters

The Emerald Isle is fast becoming the next big hotspot for highly skilled migrants aspiring to relocate to the last English-speaking nation within the European Union [EU]. The transition from the state of being an emigrant country to an immigrant nation poses complex opportunities for the country, its people, and the immigrants who relocate in making Ireland their home. Despite a consistent inflow of skilled immigrants migrating into the country since the last few decades, policy reforms adopted in Ireland towards dependent immigrants remain reactive, lacks the backing of studies in evaluating the utilization of available skilled dependent immigrants in …

Nongendered Childcare Parentage, Jeffrey A. Parness

College of Law Faculty Publications

In the United States today, self-identified women increasingly can become childcare parents without giving birth, without genetic ties, and without formal adoption. Self-identified men increasingly can become childcare parents without marriages to those giving birth, without genetic ties, and without formal adoption. Furthermore, legal parentage more frequently arises other than at birth. Parentage under current law can be founded on preconception acts, on acts occurring during another person's pregnancy, and on acts occurring long after birth to another. Further, parenthood is becoming available to those whose gender self-identity changes and to those who do not gender identify. With the (r)evolution …

A Free Pass On Racism: Immigration And The Equal Protection Doctrine, Kara Hartzler

Maryland Journal of International Law

No abstract provided.

From Apology To Action: A Comment On Transitional Justice In The United States And Canada, Victoria Roman

Maryland Journal of International Law

No abstract provided.

Public Health Challenges Of Delivering Covid-19 Vaccines, Anthony D. So

Maryland Journal of International Law

No abstract provided.

Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs

Maryland Law Review Online

No abstract provided.

Reckoning: Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Articles

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'tre of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Unbecoming Adversaries: Natural Resources Federalism In Wyoming, Tara Righetti, Robert B. Keiter, Jason Robison, Temple Stoellinger, Sam Kalen

Wyoming Law Review

No abstract provided.

Can Computational Antitrust Succeed?, 1 Stan. Computational Antitrust 38 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

Computational antitrust comes to us at a time when courts and agencies are underfunded and overwhelmed, all while having to apply indeterminate rules to massive amounts of information in fast-moving markets. In the same way that Amazon disrupted e-commerce through its inventory and sales algorithms and TikTok’s progressive recommendation system keeps users hooked, computational antitrust holds the promise to revolutionize antitrust law. Implemented well, computational antitrust can help courts curate and refine precedential antitrust cases, identify anticompetitive effects, and model innovation effects and counterfactuals in killer acquisition cases. The beauty of AI is that it can reach outcomes humans alone …

The Effect Of Proprietary And Attribution Claims On Data Sharing During Infectious Disease Emergencies, Sam Halabi, Michelle Rourke, Rebecca Katz

Journal of Health Care Law and Policy

No abstract provided.

Under Attack: Transgender Health In 2020, Paula M. Neira, An Na Lee

Journal of Health Care Law and Policy

No abstract provided.

Accessing Health Care As A Foster Child, Clare O'Donnell

Journal of Health Care Law and Policy

No abstract provided.

Confronting Problematic Legal Fictions In Gestational Surrogacy, Ayesha Rasheed

Journal of Health Care Law and Policy

No abstract provided.

Moratoria In Scientific Research: A Review, Valerie Bonham

Journal of Health Care Law and Policy

No abstract provided.

Period Poverty In A Pandemic: Harnessing Law To Achieve Menstrual Equity, Bridget J. Crawford, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Period poverty is not new, but it has become more visible during the COVID-19 crisis. Worldwide, menstruation has long caused marginalization and vulnerability for many. The pandemic has only amplified these conditions. This Article makes three claims. The first is descriptive, identifying four interrelated aspects of global period poverty that have gained new salience during the coronavirus pandemic: lack of access to affordable menstrual products; lack of access to other needed supplies and services for health and sanitation; lack of menstruation-related information and support from schools and health professionals; and menstrual stigma and shame. Using examples from multiple countries, the …

"As Long As I'M Me": From Personhood To Personal Identity In Dementia And Decision-Making, James Toomey

Elisabeth Haub School of Law Faculty Publications

As people, especially older people, begin to develop dementia, we confront ethical questions about when and how to intervene in their increasingly compromised decision-making. The prevailing approach in philosophically-inclined bioethics to tackling this challenge has been to develop theories of “decision-making capacity” based on the same characteristics that entitle the decisions of moral persons to respect in general. This Article argues that this way of thinking about the problem has missed the point. Because the disposition of property is an identity-dependent right, what matters in dementia and decision-making is an individual’s personal identity with their prior self, not their moral …

Using Experiential Learning To Create An Inclusive Classroom, Promote Equity, And Develop Professional Identity, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Legal education is changing. As law schools diversify their student bodies, they are being more intentional about the creation of an inclusive and equitable learning environment. Law schools also are engaging in curricular and pedagogical reform to better prepare students for law practice. Incorporating experiential learning into the law school curriculum has been a significant component of these reform efforts. The development of students’ professional identity also has become a focus of preparation for practice.

Paper Courts And Parental Rights: Balancing Access, Agency, And Due Process, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Across the country, state legislatures have created out-of-court, form-based processes that replace the adjudicative process in traditional courts. In the family law context, these out-of-court forms allocate fundamental parental rights, principally for unmarried and single parents, who disproportionately have low incomes and are people of color. In most states, instead of presenting their requests to a judge in a courtroom, parents can sign legal forms in a hospital room to establish paternity or at their kitchen table to assign their custodial rights to a third party. When a child is born to an unmarried mother, as 40% of children are, …

Does A Rising Tide Lift All Boats? Sea Level Rise, Land Use, And Property Rights, Laura M. Padilla

Faculty Scholarship

This Article considers the competing interests of landowners, governments, and academics; Part I describes the problem-sea level rise and its projected acceleration. Part II details sea level rise physical and economic impacts. Part III discusses a range of adaptation responses to the problem, and Part IV explores the sea level rise-adaptation strategies' potential legal challenges. This Article focuses on California, but the problems, solutions, and challenges pervade coastal communities everywhere.