Digital Commons Network^™

State Government’S Impact On Campus Services For Unaccompanied Homeless Students, Tori Nuccio

West Chester University Doctoral Projects

College campuses have been creating targeted support programs in the last decade to assist students coming from at-risk backgrounds including those who are homeless. Although research has begun to look at the impact these programs are having on the students they serve, little research has been done on how outside support has influenced the development and construct of these programs. My research addresses this gap in prior works via an exploratory study of how the existence of statewide supports, including the formation of networks, within three different cases impact colleges’ ability to build support programs. As part of a case …

New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young

Loyola University Chicago International Law Review

No abstract provided.

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors used …

Veiling And Inverted Masking, Saleema Saleema Snow

Journal Articles

“Good morning, Your Honor, AA, here on behalf of the United States government.”1 AA recounted her proudest moment: appearing in federal district court as an attorney for the Department of Justice (DOJ) in a religious accommodation case under Title VII of the Civil Rights Act of 1964.2 There she stood, an Ivy League graduate and the granddaughter of sharecroppers. She appeared before the court as an African-American Muslim woman in hijab representing the government to uphold the constitutional rights of another Muslim woman.3 The complainant, Safoorah Khan, was employed as a teacher in a small Illinois school district and had …

Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper

Journal Articles

This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …

Anti-Science Ideology, Shi-Ling Hsu

Scholarly Publications

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 …

Don Quixote Or Darth Vader? President Trump's Views On International Humanitarian Law, 20 Wash. U. Global Stud. L. Rev. 45 (2021), Stuart Ford

UIC Law Open Access Faculty Scholarship

This Article explores President Trump's views on international humanitarian law (IHL) - the body of rules that regulates the conduct of parties involved in an armed conflict. His beliefs are unlike those of any modern President. He has repeatedly called for actions that everyone, including his own administration, agree constitute war crimes. For example, he has called for the U.S. to torture its enemies, has threatened to kill the family members of enemy combatants, has praised the execution of prisoners by U.S. soldiers, has threatened to attack cultural heritage sites in Iran, and has said he wants to pillage Syria's …

Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher

Kernochan Center for Law, Media, and the Arts

This Note argues that the traditional legal framework for analyzing a work of alleged criticism as fair use is particularly constraining for YouTube reaction videos and other audiovisual forms of criticism that largely critique or comment on an original work in a non-spoken, visual manner. It discusses the emphasis that the current fair use jurisprudence places on spoken and written critical elements when undertaking a fair use analysis of a work of criticism, then advocates for a new conception of fair use criticism that incorporates film-specific analytical techniques and concepts when analyzing the critical elements of online audiovisual works. Part …

Reforming The Office Of Legal Counsel, Barry Sullivan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Regulating The Cyberpunk Reality: Private Body Modification And The Dangers Of ‘Body Hacking’, Zachary Paul Birnbaum

Journal of Business & Technology Law

No abstract provided.

Cannabis Ip: How Federal Inconsistencies Have Stifled A Budding Industry, Celena Dyal

Journal of Business & Technology Law

No abstract provided.

Brain Machine Interfaces And Ethics: A Transition From Wearable To Implantable, Lydia Montalbano

Journal of Business & Technology Law

No abstract provided.

The Influence Of Alice: A Response To Jay P. Kesan & Runhua Wang’S Eligible Subject Matter At The Patent Office: An Empirical Study Of The Influence Of Alice On Patent Examiners And Patent Applicants, 105 Minn. L. Rev. Headnotes 345 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

Good With Words: Speaking And Presenting, Patrick Barry

Books

Suppose you were good with words. Suppose when you decided to speak, the message you delivered—and the way you delivered it—successfully connected with your intended audience. What would that mean for your career prospects? What would that mean for your comfort level in social situations? And perhaps most importantly, what would that mean for your satisfaction with the personal relationships you value the most?

This book is designed to help you find out. Based on an award-winning course and workshop series at the University of Michigan taken by students training to enter a wide range of fields—law, business, medicine, social …

Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott

Scholarly Publications

No abstract provided.

Housing Law—Not Over This Threshold: The Crisis Of Continued Housing Discrimination Against Queer Americans—Smith V. Avanti, 249 F. Supp. 3d 1194 (D. Colo. 2017), Cayla Keenan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Finding Original Public Meaning, James Macleod

Faculty Scholarship

No abstract provided.

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

The World Health Organization: A Weak Defender Against Pandemics, Chenglin Liu

Faculty Articles

Why did the World Health Organization (WHO) not act in a timely fashion to declare the coronavirus outbreak a Public Health Emergency of International Concern (PHEIC)? If it had done so, could the United States have heeded the warning and controlled the spread of the virus? Is the WHO's delay a factual cause of the calamities that the United States has suffered? This article addresses these questions. Part I examines the development of the WHO and its governance mechanism, major powers and limits, and past achievements and failures. It also explores how the WHO responded to the COVID-19 pandemic and …

Racism, Health Equity, And Crisis Standards Of Care In The Covid-19 Pandemic, Charlene Galarneau, Ruqaiijah Yearby

Saint Louis University Journal of Health Law & Policy

Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and preventable suffering in and loss of Black lives. This Article identifies multiple expressions of racism evident in the crisis standards of care (CSC) created by states and health care institutions to guide the ethical allocation of scarce critical care resources including ventilators. Contextualized within the broad landscape of health inequities pre-COVID-19 as well as …

Improving Access To Emerging Lifesaving Drugs: Solving The Disclosure Problem Within The Patent Dance, Michael J. Schellhous

Saint Louis University Journal of Health Law & Policy

Biologics are a growing class of pharmaceutical drugs and are associated with a significant portion of major medical breakthroughs over the past fifty years. However, in comparison with traditional small-molecule drugs, biologics are vastly more complex, more difficult to manufacture, and extremely expensive. Congress passed the Biologics Price Competition and Innovation Act (BPCIA) in an effort to increase the availability of biosimilars—the generic versions of biologic drugs—but the BPCIA has been largely ineffective. This is due, in part, to the lack of a standard regarding initial information disclosures required at the outset of the BPCIA process, leading to a cumbersome …

Attribution Science In Takings Litigation, Daniel J. Metzger

Sabin Center for Climate Change Law

Climate science plays a central role in climate litigation, and cases under the Takings Clause of the United States’ and many state constitutions are no exception. In the climate context, takings cases to date have involved claims that challenge the constitutionality of both adaptation and mitigation measures. For instance, real estate developers have claimed that land use and zoning regulations that seek to reduce exposure to climate change impacts constitute regulatory takings. Property owners have claimed that restrictions on the development of fossil fuel infrastructure upset their investment-backed expectations. And property owners adversely impacted by climate-related flood control measures have …

Unintended Legislative Inertia, Mirit Eyal-Cohen

Georgia Law Review

Institutional and political forces create strong inertial
pressures that make updating legislation a difficult task. As a
result, laws often stagnate, leading to the continued existence of
obsolete rules and policies that serve long-forgotten purposes.
Recognizing this inertial power, legislatures over the last few
decades have increasingly relied on a perceived solution—
temporary legislation. In theory, this measure avoids inertia by
requiring legislators to choose to extend a law deliberately.
This Article argues that temporary legislation is a double-
edged sword. While some temporary laws ultimately expire,
many perpetuate through cycles of extension and
reauthorization. Temporary legislation often creates its …

Shadowboxing With Free Speech Principles, Noah C. Chauvin

South Carolina Law Review

No abstract provided.

Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena

South Carolina Law Review

No abstract provided.

The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Old World Regulations And New World Flexibility: Countering The Effects Of Climate Change On Wine, Seth Stroud

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

How To Get Away With Immunity: Fda's Emergency Use Authorization Scheme And Prep Act Liability Protection In The Context Of Covid-19, William Chanes Martinez

Loyola Consumer Law Review

The U.S. Food and Drug Administration (FDA) plays a vital role in our country's response to biological agents that threaten public health and safety. On December 31, 2019, officials in Wuhan, China confirmed dozens of cases of pneumonia caused by an unknown pathogen. Chinese officials later identified that pathogen as severe acute respiratory syndrome coronavirus (SARSCoV- 2), which causes the disease COVID-19. The COVID-19 pandemic has created a perfect storm for unprecedented and litigation-provoking health harms in the United States. As the country's death toll rises and states seek to reopen, many Americans are assessing their COVID- 19-related health status …

The Nazi Analogy In Japanese American Civil Rights Discourse, Eric L. Muller

North Carolina Civil Rights Law Review

No abstract provided.

Inseparable Uses, Mark Verstraete

North Carolina Law Review

No abstract provided.