Digital Commons Network^™

Menstrual Justice After Dobbs, Margaret E. Johnson

All Faculty Scholarship

This Article identifies and analyzes the category of state and private regulation that is invisible and subordinates women and other menstruators in ways that impact their privacy, liberty, and equality. Because this category of regulation is pervasive, bringing it to light is critical for considering how best to curb its harm. This Article considers potential legal strategies to counter such menstruation regulation and argues that Dobbs v. Jackson Women’s Health Organization offers some promise—but more cause for pessimism—regarding the U.S. Constitution’s power to do so. This Article therefore explains how subconstitutional law offers greater potential, while cautioning that political science …

Rogue Artificial Intelligence, Science Fiction, And The Law, Macintosh, Kerry Lynn

Santa Clara High Technology Law Journal

Artificial intelligence (AI) has been labeled an existential threat. Proposals to combat this menace include industry pauses on the development of advanced AI, legislated moratoria, and creation of a new federal agency with the power to regulate and license advanced AI.

If such claims sound vaguely familiar, that is not surprising. For decades, science fiction movies and television series have featured computers, robots, and androids that disobey, rebel, malfunction, or evolve to the point where they kill human beings and/or attempt to exterminate the human species. This Article draws upon social science research to explain that such stories encourage audiences …

Restating The Law Of Children And Youth: The Evolution Of Reform, Elizabeth S. Scott

Faculty Scholarship

A brief roadmap of this article may be helpful. Part I describes the emergence of the Child Wellbeing framework and its powerful role in shaping twenty-first-century youth justice reforms captured by the Restatement. Part II shows how this framework has begun to have a far broader influence on the law affecting children and how the framework and the developmental approach embodied in the Restatement can guide courts and shape the trajectory of the law in the future. Part III explores potential challenges to the Restatement’s effectiveness in attaining a fully integrated system based on the Child Wellbeing framework.

Trump Attacks On Climate Science May Violate Numerous Federal Laws, Michael B. Gerrard

Faculty Scholarship

Starting on its first day on January 20, 2025, the second Trump administration has launched an unprecedented rollback of efforts to fight climate change. The Sabin Center for Climate Change Law’s Climate Backtracker already has 117 items.

Much of this is aimed at scientific research on climate change, or has the effect of inhibiting the conduct and dissemination of this research. Many of these actions may also violate federal laws.

This article discusses these actions, some of their legal implications, and the litigation challenges that have already been brought. It begins with actions that are specifically aimed at climate research, …

Do Bans On Conversion Therapy Impose A Governmental "Orthodoxy" About Sex And Gender?, Linda C. Mcclain

Faculty Scholarship

In Part I, this Essay evaluates how orthodoxy arguments featured in Mr. Tingley’s challenge to Washington’s ban on conversion therapy. Part II offers a preliminary analysis of Chiles v. Salazar, ⁴² which the Court will hear during its 2025-2026 Term. I illustrate how the arguments made against Washington’s law by Chiles and her amici draw from the anti-orthodoxy and marketplace of ideas rhetoric found not only in Justice Thomas’s Tingley dissent and his NIFLA opinion but also in Justice Gorsuch’s majority opinion in the 303 Creative decision.⁴³ Woven together with these speech arguments are appeals to the Court’s …

Breaking The Pipeline: Exploring Exclusionary Discipline, Restorative Justice, And The Attitudes And Beliefs Of Educators, Ericka J. Varnedoe

Honors College Theses

This study explores the connection between exclusionary disciplinary practices and the school-to-prison pipeline. It highlights how exclusionary discipline, including suspensions and expulsions, disproportionately affects marginalized groups such as students of color, students with disabilities, and LGBTQ youth, further contributing to the school-to-prison pipeline. In contrast, restorative justice, a non-punitive approach, offers a promising alternative. Initially adopted from the criminal justice system, restorative justice has been integrated into school environments to foster positive school climates, improve experiences, and mitigate challenging behaviors. This research examines educators' attitudes toward both exclusionary and restorative practices, as well as their awareness and implementation of restorative …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

If You Can’T Beat Hemp, Join Hemp: A Policy Argument For A Federal Regulatory Framework Encompassing Intoxicating Hemp Derivatives And Marijuana And Why Re-Scheduling Marijuana Isn’T The Answer, Frances Alaina Rodriguez

University of Miami Business Law Review

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized industrial hemp and its downstream uses by removing hemp from the definition of marijuana under the Controlled Substances Act (CSA). Its enactment led to the explosion of a multi-billion dollar intoxicating hemp derivatives (IHD) market. This boom, combined with growing state–level marijuana legalization, presents a unique opportunity for comprehensive federal cannabis reform.

This Note argues that the traditional pathways for marijuana legalization—rescheduling through the Controlled Substances Act or state-by-state legislation—are inadequate given the emergence of a federally legal but largely unregulated IHD industry. Instead, this Note proposes a unified federal …

Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal

Indonesian Journal of International Law

The governance of marine genetic resources from areas beyond national jurisdiction (ABNJ)and regulating access to this regime in all available and existing forms is a core issue before international policymakers. The recently concluded BBNJ Agreement negotiations for the conservation and sustainable use of marine biological resources from areas beyond national jurisdiction was a platform to negotiate for a new legal instrument to address the core issues related to marine diversity from ABNJ, as agreed under the UNGA Resolution 72/249 to address the problems identified in the 2011 package. Defining MGRs and developing appropriate access and benefit-sharing mechanisms for marine biological …

In-Depth Analysis On Strengthening Sanctions For Fisheries Violations In Indonesia: Challenges, Obstacles, And Reform, Maya Shafira, Muhammad Akib, Fx Sumarja, Ahmad Irzal Fardiansyah

Indonesian Journal of International Law

Illegal, Unreported, and Unregulated (IUU) Fishing remains a significant challenge for Indonesia, posing threats to its marine resources, economic stability, and national sovereignty. This study examines the enforcement of sanctions against fisheries violations in Indonesia from an international legal perspective. It explores how Indonesia aligns its regulatory framework with global legal instruments, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Port State Measures Agreement (PSMA), and regional agreements within ASEAN. The research identifies key challenges, including legal inconsistencies, enforcement limitations, and jurisdictional complexities, which hinder the effective prosecution of fisheries crimes. It also analyzes …

Bars, Barristers, And Bias: A Content Analysis Of Legal Plays, Evan Chartock

Media and Communication Studies Honors Papers

This content analysis paper investigates the portrayal of the legal profession onstage within legal dramas first performed in the twenty-first century. There has been no previous research that has focused on a comprehensive analysis of the specific content of legal dramas, so this study is exploratory in nature. This study emphasizes the importance of learning about the content characteristics of legal plays and legal characters. This content analysis seeks to answer two research questions. First, do playwrights of legal plays first performed between 2000-2024 belong to similar identity demographics, write about similar content, and/or have similar messaging regarding the notion …

Her Bun + My Oven = Our Child: Protecting The Legal Parentage Of Lgbtq+ Mothers And Their Children Conceived Via Reciprocal In Vitro Fertilization In Ohio, Courtney Hutchinson

Cleveland State Law Review

This Note discusses legal parentage in Ohio for two-women couples who expand their families via reciprocal in vitro fertilization or egg-sharing, where one woman is the genetic parent and the other is the gestational parent. Currently, the gestational mother is guaranteed legal parentage at the time of the child’s birth, while the genetic mother must petition the court for a formal adoption to protect her legal rights. A thorough review of court precedent regarding same-sex marriage makes clear that the public policy of Ohio permits two women to share in the legal rights of parentage. Furthermore, Ohio courts have regularly …

Procreation After Passing: Balancing Interests In Levirate Marriage And Posthumous Reproduction, Alice Aronov Tepler

Journal of Catholic Legal Studies

(Excerpt)

After the heart-wrenching death of a partner, a child, or a family member, it is difficult for those left behind to imagine how to bring their loved one with them into the future. Memories fade, people move on with their lives, and it seems almost inevitable that the dead will be left behind, static. For some, especially those whose loved one died early in life, posthumous reproduction can seem like a way to keep the deceased alive. With relatively new technology and a myriad of associated ethical concerns, however, society, courts, and individuals struggle to determine who should have …

From Prison To Community: Challenges Of Recidivism In The United States, Kellie R. Parks

Master of Arts in Human Services

Recidivism among adult females in the United States is often an overlooked and under analyzed aspect of the justice system. Women criminals encounter unique challenges and often need distinct rehabilitative needs while incarcerated and following release. This paper explores the many factors contributing to recidivism in adult females including mental health challenges, biological, neurologic and social factors. It provides insight into how lower recidivism rates can be achieved by adapting other reform measures such as education programs.

What The Uk Can Learn From India About Trans Rights And Inclusive Feminism, Ammel Sharon

Popular Media

The article reflects on the UK Supreme Court’s recent interpretation of “woman” under the Equality Act 2010, noting its impact on trans inclusion in public spaces. In contrast, Indian feminist and queer movements have embraced more inclusive, self-reflective approaches to gender, resisting fixed legal definitions. Drawing on examples from sports activism, legal scholarship, and grassroots organising, the author calls for collective ethics that expand rather than restrict the possibilities of belonging.

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

Implications For "Adjacent" Waterbodies After Sackett V. Epa, John C. Colson

Texas A&M Law Review

The Supreme Court’s recent ruling in Sackett v. EPA has rolled back Clean Water Act (“CWA”) protections for many wetlands on private property. Justice Kavanaugh’s little-commented-on concurrence identifies a class of waterbodies now unprotected by the CWA that nonetheless serves vital roles in flood control, pollution management, and habitat conservation. These waterbodies are those that lack a continuous surface connection (the majority’s test) to navigable waterways but are nonetheless “adjacent” to them in that they are separated by a single barrier. Including borrow pits and swamps held behind dikes, as well as the thousands of oxbow lakes near America’s rivers, …

Bog-Ged Down By Sackett: Strategies For Wetland Protection In Texas, Caleb Cook

Texas A&M Law Review

The Clean Water Act (“CWA”) has been one of the most powerful tools for protecting the nation’s waterways since it was first passed in 1972. However, there has long been ambiguity over the scope of the authority it grants for the regulation of wetlands. In May 2023, the Supreme Court resolved this question in Sackett v. Environmental Protection Agency. The effect of Sackett will be to remove significant amounts of previously regulated wetlands from federal jurisdiction. Federal legislative responses are unlikely, and while there are federal programs that can help temporarily fill the gap and bring some wetlands back …

Amgen Enablement And Its Undue Burden On An Overburdened Biomedical Industry, Carter Chippi

Journal of Law and Health

This paper examines the Supreme Court decision in Amgen Inc. v. Sanofi and its profound impact on the patentability of biotechnology inventions, particularly biologic drugs. By virtually eliminating the possibility of claiming genera patents, the decision exacerbates existing challenges within the biologic sector, including high development costs and rigorous regulatory hurdles. The analysis sets forth the enablement requirement’s precedent, emphasizing historical case law and the unforeseen implications of setting a stringent standard for biotechnology patents. This paper further critiques suggested industry compromises, deeming them insufficient to address the ramifications of Amgen, and proposes legislative intervention. Options include granting biologics …

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Natalie M. Edmundson, Derek Brown, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

A Living Constitutional Case For Anti-Classification: Equal Protection As A Civic-Republican Ideal, Avi Konduri

Bates College Undergraduate Law Review

No abstract provided.

Bates College Undergraduate Law Review: Volume I, Issue I, Spring 2025, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.

“Don't Say Gay” Laws And Their Decades-Old Rhetorical Basis, Nicholas Danko

Bates College Undergraduate Law Review

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, Sylvia Costelloe, Abigail Cotterill, Mary Mikhaeel, Timothy O'Toole, Christopher Stagg, Lawrence Ward

The Year in Review

No abstract provided.

International Family Law, Robert G. Spector, Melissa A. Kucinski

The Year in Review

No abstract provided.

Life Sciences & Health Law, Adalberto López López, Yevgeniya Ocheretko, Carly M. Toepke, Arina Zadorozhna, José Alan Zamarripa Miramontes

The Year in Review

No abstract provided.

We Can Protect The “Waters Of The United States” As Long As They Stay Out Of The Hydrological Cycle, Victoria Sutton

Idaho Law Review

The water cycle, including its oceans, surface water, wetlands, water vapor, clouds and groundwater, has resulted in a patchwork of statutes and regulations that fail to comprehensively protect the “waters of the United States.” This is not a simple "fix," and requires Congressional positivism rather than decades of relying on the judicial branch to resolve statutes that are ultimately not designed for true water protection. It is Congress’s role to resolve the wetlands protection issue, and it has avoided the responsibility probably for lack of a good solution. It would likely take a Constitutional amendment to bring the hydrologic cycle …

The Jacksons' Debate, Marcus Vinicius Neves

Vernacular: New Connections in Language, Literature, & Culture

The Jacksons’ Debate” explores ethical dilemmas through an alien civilization considering human consumption. This philosophical sci-fi story examines sentience, moral responsibility, and societal progress from a unique perspective. Blending dark humor with social commentary, it challenges readers to reflect on human behavior and ethical decision-making in the face of necessity and scientific advancement.

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …