Digital Commons Network^™

The Future Is In Their Care: Justice And The Washington Constitution, Steven González

Washington Law Review

No abstract provided.

Exonerees Working For Work's Benefits: Prison Work For Social Security And Medicare, Stephanie Hunter Mcmahon

Hofstra Law Review

Exonerated individuals are released from prison, but they cannot recover the time they were incarcerated. The time is gone, as is its potential to qualify for the nation’s social safety net. Most people earn a right to the safety net and for retirement through their employment; however, even when prisoners work, they are denied employment-related benefits that would be enjoyed by those not incarcerated. Inmate labor does not earn toward Social Security, Medicare, and Social Security Disability Insurance, and the exclusion applies even if the inmate is later exonerated of the crime for which they were imprisoned. Therefore, exonerees’ mandatory …

Treading Water: Striking A Delicate Balance In Wetland Conservation In The Wake Of Sackett V. Environmental Protection Agency, Ryan Donofrio

Hofstra Law Review

No abstract provided.

Assessing Illegal Take Of Sea Turtle In Bocas Del Toro, Panamanian Caribbean, Daniela Carolina Rojas-Cañizales

Theses and Dissertations

In Bocas del Toro, Panama, sea turtles were exploited for generations to supply local, national, and international markets. Today, sea turtle species are globally protected by different laws, and Panama is no exception. However, the use of sea turtles in Bocas del Toro and local perceptions regarding the consumption of these reptiles are unknown. Accordingly, during May of 2024, I conducted twenty-five semi-structured interviews with key informants selected by targeted and snowball sampling. Sea turtle consumption persists, and there is a clandestine network to sell turtle meat and derived products in Bocas del Toro. This study provides the first assessment …

Menstrual Math: The Price Of Bleeding, Gabrielle Langston

Dissertations, Theses, and Capstone Projects

This project examines the landscape of menstrual equity in the United States through a data storytelling lens, focusing on state-level policies regarding taxation and access to menstrual products. The analysis explores which states impose sales tax on menstrual products, if state schools provide free menstrual products, and which states ensure access for incarcerated individuals using publicly available datasets from advocacy groups. Additionally, there is an investigation into potential correlations between the gender wage gap and states that tax menstrual products, shedding light on economic and policy disparities.

Through its data visualizations, this project aims to provide a clear, although not …

Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai

Vanderbilt Law School Faculty Publications

The Supreme Court's decision in Sackett v. EPA reversed fifty years of federal Clean Water Act wetlands protections and removed federal oversight from roughly half of the wetlands in the United States. This Article proposes a viable new conceptual model and tools to close the Sackett Gap-the gap between the wetlands protected before and after Sackett. Scholars have argued for federal measures to fill the Sackett Gap, but these actions face substantial challenges. Congress is unlikely to adopt new wetlands legislation, agencies are constrained by Sackett's expansive language, the end of Chevron deference, and the 2024 presidential election, and lower …

Alice’S Patent Puzzle: Unlocking Patent Eligibility For Diagnostic Methods Within Wonderland’S Faulty Two-Step Framework, Anjali Dhamsania J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

As it stands today, diagnostic tests and their methods are largely unpatentable. In 2012, the Supreme Court, in Mayo Collaborative Services v. Prometheus Laboratories, Inc., redefined the scope of patent subject matter, leaving a profound impact in the context of medical diagnostics. The subsequent decision by the Court in Alice Corporation v. CLS Bank International two years later significantly expanded the range of judicially created exceptions to statutory patent eligibility criteria to encompass “abstract ideas,” solidifying this “Alice-Mayo” framework as the definitive test to determine patent-eligible subject matter.

But this shift has made it exceedingly difficult to secure diagnostic …

From Contamination To Consequence: Tracing Donna Lake’S Human Environmental History, Dean Kyne

Sociology Faculty Publications

The Donna Reservoir and Canal System (Donna Lake) in Texas has been a persistent source of environmental contamination for over a century, exposing surrounding communities to dangerous levels of polychlorinated biphenyls (PCBs). Originally built for agricultural irrigation, the system became a recreational fishing site before PCB contamination was discovered during public health investigations in the 1990s. This study examines patterns of demographic vulnerability, evaluates remediation efforts by the U.S. Environmental Protection Agency (EPA), and explores residents’ ongoing challenges related to toxic exposure. Using publicly available demographic data, EPA reports, and previous health assessments, the study analyzes variations in community characteristics …

An Old Law With New Tricks? The Prospects And Pitfalls Of Using The Antiquities Act Of 1906 To Shape Climate Policy On Federal Lands, Chick Hallinan

Vanderbilt Law Review En Banc

The Antiquities Act of 1906 empowers the president to declare a national monument on federally owned land, subject to constraints. As physical hazards enhanced by climate change endanger historically or biologically valuable objects and places, the Act can shape climate policy on federal land—extending the designation to new tracts and enhancing protections on existing monuments. This Note contends that climate change qualifies as a threat to federal public lands sufficient to trigger presidential authority to proclaim a national monument. Still, any such proclamation must account for the constitutional and statutory restraints that have some gravity on the president’s power to …

Breaking The Vial: Leveraging North American Regulatory Models And Market Practices To Reform Insulin Pricing In The United States, Chloe Mietzel

San Diego International Law Journal

The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure …

The Necessity Of Better Rape-Related Protections For Victims Of Rape-Related Pregnancy, Joanna Harrison

Liberty University Law Review

A pregnancy that results from a rape is referred to as a rape-related pregnancy (RRP). One of the primary issues surrounding RRP is that, unless terminated by a state family court, the rapist maintains the same parental rights over the child conceived through the rape as any parent would have over their child. Allowing a rapist to keep any level of parental rights is extremely problematic. It forces the rape victim to interact regularly with the rapist, exposes the conceived child to the dangers of a rapist parent, and creates an opportunity for the rapist to weaponize those rights in …

Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter

Liberty University Law Review

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn …

United States V. Skrmetti: The Supreme Court’S Opportunity To Protect Minors By Choosing Biological Reality Over Gender Ideology, Rena M. Lindevaldsen

Liberty University Law Review

“Did God really say?” That’s the question the serpent asked Eve in the garden, as she was tempted to turn from the Truth that God had told her about the consequences of eating the fruit from the one specific tree. She and Adam learned that God really did mean what He said. By rejecting God’s wisdom and instruction, they caused sin to enter the world. The same question forms the foundation of the transgender rights movement: did God, who created mankind in His image, really say that He created them male and female? In today’s culture, when a gender-confused child …

Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport

Mercer Law Review

In my antique desk, at the far back of the big hard-to-open drawer, sits a large brown envelope. The envelope holds about forty years’ worth of thank-you notes to me. Some from clients. Some from coworkers. Some from students. Why do I keep them? Maybe I will be able to answer that question by the time I finish writing this Article. As I write this Introduction, I’m not sure. I don’t specifically remember each card or letter, but a couple do come to mind. They do so with blazing clarity. One is from my high school English teacher, Mrs. Severns. …

The Nih-Moderna Public-Private Partnership: A New Contractual Model For Securing Innovation, Karen Sandrik

Texas A&M Law Review

The public–private partnership between the National Institutes of Health (“NIH”) and Moderna was considered “one of the few bright spots of the pandemic.” Yet as the NIH–Moderna collaboration progressed at an unprecedented pace, going from vaccine development to FDA authorization in nine months, cracks began to appear in the partnership. Public trust in vaccinations wavered, multiple patent disputes arose, and global frustration erupted over Moderna’s lack of commitment to equitable access to the vaccine that was largely paid for by U.S. taxpayers. This Article argues that the parties’ contractual agreements did shockingly little to support or, indeed, set up the …

The National Bioengineered Foods Disclosure Standard & Absence Claims: The Cost Of The Butterfly, Cahlen Cheatham

Texas A&M Law Review

The National Bioengineered Foods Disclosure Standard (“NBFDS”) is a step in the right direction in providing a uniform labeling standard for genetically engineered organisms (“GEOs”) that meet the statutory definition of “bioengineered.” Importantly, the law provides a consensus that GEOs are safe and that labeling standards should be uniform across the United States. However, the law largely fails to settle the broader debate and the issues associated with GEO labeling. Namely, the NBFDS’s use of the term “bioengineered” causes additional confusion, and terms like “genetic modification” and “genetic engineering” remain ambiguous. Furthermore, the Final Rule promulgated by the U.S. Department …

Building Bridges: Queer Rights In And Out Of The Courts, Kaz Lane

Minnesota Law Review Vols. 106:2 onward (2021-present)

It is unclear whether the Equal Protection Clause of the Fourteenth Amendment prohibits states from differentiating between people based solely on their sexual orientation and/or gender identity. This note_comment analyzes the Supreme Court’s tiers of scrutiny—rational basis review, intermediate scrutiny, and strict scrutiny—to argue that a new suspect class is warranted for sexual orientation and gender identity (SOGI), triggering strict scrutiny for SOGI classifications. This analysis shows that a united SOGI class meets all of the characteristics associated with suspect classes, including a history of anti-LGBTQIA+ discrimination and the irrelevance between SOGI and one’s ability to contribute to society. This …

The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos

Doctoral Dissertations and Projects

The phenomenological study aimed to define the color-blind racial ideology, understand the effect of the color-blind racist ideology on people of color and determine the perception of racial disparity within the criminal justice system by male minorities within Bell County, Texas. The critical race theory, also known as CRT, explains how the white privileged maintain their standing, allowing them to subjugate others based on their social rank. The author describes the racial disparity within the criminal justice system through the CRT. The author collected data from minority males and those over 18 years old. The information was gathered using a …

Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan

Doctoral Dissertations and Projects

The purpose of this dissertation is to explore the problem of unresponsive law enforcement faced by legitimate victims of harassment and stalking in the United States and to ultimately develop recommendations to address the problem. A mixed method was used in which qualitative and quantitative data was gathered and analyzed. For this dissertation, a mixed method was applied using interviews, focus group discussions, and surveys to gather data among victims of harassment and stalking. The participants were recruited using convenience sampling in which victims of harassment and stalking were selected from relevant organizations, such as support services. A total of …

How Experts View The Legal System's Use Of Scientific Evidence, Shari Seidman Diamond, Richard Lempert

Articles

Legal scholars and courts frequently write about how scientific evidence is vetted and presented in legal proceedings, but the views of experts themselves have received little attention. Our research aims to fill that gap. This paper reports some of what we learned from a series of surveys we conducted, beginning with a survey in 2016 of scientists who had been elected to membership in the American Academy of Arts and Sciences.3 Subsequent surveys were directed to subscribers of the journal Science who identified as scientists and engineers and to self-identified experts who advertised their availability as experts to lawyers or …

State Legislatures And Trans* Genocide (?) In The United States, Shannon Fyfe

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Re-Envisioning Nuclear Deterrence, Raul (Pete) Pedrozo

International Law Studies

This article examines whether the U.S. nuclear umbrella provided to allies is currently viable and whether it is time for the United States to share nuclear weapons technology with its allies in the Asia-Pacific to counter the growing nuclear threat posed by China, North Korea, and Russia. The article discusses the current capabilities and nuclear doctrine of States possessing nuclear weapons, as well as Iran’s nascent nuclear weapons program. It then discusses the current international law and regulatory regime applicable to nuclear weapons. It analyzes the threats posed by China’s and Russia’s nuclear capabilities, and how they affect U.S. nuclear …

Tiktok On The Clock: It Is Time To Hold Social Media Platforms Responsible For The Dangerous Content They Push To Children, Angelina Rego

The Journal of Business, Entrepreneurship & the Law

This article examines the unresolved issue of social media companies endangering children through their targeted algorithms in a world where Section 230 protects them from any consequences. Part II will provide background on harmful content, like viral challenges, plaguing social media and endangering children. In addition, Part II will present an overview of Section 230’s immunity and its very limited exceptions. Next, Part III will analyze the legislative intent behind Section 230 and its relation to the First Amendment, highlighting that protecting children aligns with the act’s original purpose. Then, Part IV will discuss the few alternative workarounds available to …

A Precedential Grand Slam: The Timely Opportunity Before The Supreme Court To Clarify And Reform Obscenity Law, Jordan Wallace

Tulsa Law Review

No abstract provided.

Labor Of Love, Or Profit? How The Parental Rights Argument Threatens To Upend Child Labor Regulation In America, Stephanie A. Smith Charney

Tulsa Law Review

No abstract provided.

Illuminating The Iceberg: Brain Science And Punitive Damages In Libel Cases, Catherine J. Cameron

Tulsa Law Review

No abstract provided.

Crystal Clear Disparities: The Failure Of Sentencing Guidelines And How They Repeatedly Contribute To Systematic Racism In The United States, Makayla Perez

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

The Clean Water Act: Murky Waters Ahead Post-Sackett, Claire Kurnick

DePaul Law Review

No abstract provided.

180th Commencement University Of Notre Dame, University Of Notre Dame

Commencement Programs

• SCHEDULE OF EVENTS 4
• HEARING IMPAIRED INFORMATION 9
• GRADUATE SCHOOL 10
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 30
• GRADUATE ARCHITECTURE 36
• LAW SCHOOL 37
• UNIVERSITY COMMENCEMENT CEREMONY 40
• COLLEGE OF ARTS AND LETTERS 42
• COLLEGE OF SCIENCE 50
• COLLEGE OF ENGINEERING 55
• MENDOZA COLLEGE OF BUSINESS 60
• SCHOOL OF ARCHITECTURE 66
• KEOUGH SCHOOL OF GLOBAL AFFAIRS 66
• VALEDICTORIAN CANDIDATES 67
• EMERITI FACULTY 67
• HONOR SOCIETIES 68
• AWARDS AND PRIZES 74
• TASSELS 98

The Rape Kit Backlog: Problems And Solutions, Tracey Cao

Themis: Research Journal of Justice Studies and Forensic Science

This literature review examines the ongoing issue of rape kit backlog in the United States. Rape kits are a means of evidence collection from victims of sexual assault that can be used in court. Across the nation, many state jurisdictions have hundreds and thousands of rape kits left untested and locked away in storage facilities. Consent for testing, police bias, and funding issues are the main issues that will be addressed. Many victims choose not to have their kits tested. Other kits never get tested due to police choosing not to submit a kit due to their bias against some …