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Articles 11191 - 11220 of 544148
Full-Text Articles in Entire DC Network
Consumer (Mis)Understanding Of Dietary Supplement Labels, Jason Iuliano, Madison Kilbride
Consumer (Mis)Understanding Of Dietary Supplement Labels, Jason Iuliano, Madison Kilbride
Texas A&M Law Review
“Helps lower cholesterol levels” and “helps promote healthy cholesterol levels.” Both of these claims are found on pharmacy products. And to ordinary consumers, the message is the same: take this pill and improve your cholesterol. Nevertheless, Congress has placed these statements in two very different regulatory categories. The former is classified as a disease claim, and the latter as a structure/function claim. Whereas products making disease claims require years of clinical trials and analyses before regulatory approval can be granted, products making structure/function claims do not even require governmental review before they can be sold to consumers. This bifurcated regulatory …
Culpable Kids, Cara H. Drinan
Culpable Kids, Cara H. Drinan
Texas A&M Law Review
When a child commits a crime, how do states determine if that child is culpable? There are procedural rules that determine the forum for a minor’s trial and doctrines that limit children’s exposure to the most severe sentencing. But when it comes to culpability, states employ the same substantive law whether the defendant is 50 or 15. As this Article explains, that approach is profoundly flawed. In the early 21st century, in a series of cases known as the Miller trilogy, the United States Supreme Court established that youth are fundamentally different from adults and state sentencing practices must recognize …
The Servicemembers Civil Relief Act Should Be Updated To Recognize Remote Courtroom Appearances, Hon. William G. Montgomery, Hon. Gerald A. Williams
The Servicemembers Civil Relief Act Should Be Updated To Recognize Remote Courtroom Appearances, Hon. William G. Montgomery, Hon. Gerald A. Williams
Texas A&M Law Review
Allowing military members to continue pending civil litigation so that they can focus their attention on warfighting is sound public policy. Most agree we should protect those “who dropped their affairs to answer their country’s call,” and various federal laws have codified that protection for over a century. But what if the civil matter is com- paratively minor or could otherwise be easily resolved? While the Servicemembers Civil Relief Act (“SCRA”) provides essential protections against harassing civil litigation, it should still pro- vide for the ability of deployed personnel to remotely resolve matters. Virtually every military member can easily be …
The Nih-Moderna Public-Private Partnership: A New Contractual Model For Securing Innovation, Karen Sandrik
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 …
Dialing In Or Dialing Out? The Relationship Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino
Dialing In Or Dialing Out? The Relationship Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino
Texas A&M Law Review
This Article begins by reporting the results of a comprehensive 50-state survey assessing state laws and other state sources governing the telemedicine induction (“tele-induction”) and subsequent telemedicine prescription (“tele-prescription”) of buprenorphine for the treatment of opioid use disorder (“OUD”) following the expiration of the COVID-19 public health emergency (“PHE”). Original, concrete findings include: (1) the glaring patchwork of state law governing the tele-induction and subsequent tele-prescription of buprenorphine for the treatment of OUD in the United States; (2) the variety of primary authorities and secondary sources that house relevant permissions, prohibitions, and affiliated requirements; (3) the number of primary authorities …
Reviving Exclusion, Leo Yu
Reviving Exclusion, Leo Yu
Texas A&M Law Review
Over a century ago, 15 states enacted alien land laws designed to deprive Japanese immigrants of property rights. It took half a century for these laws to be repealed. Today, alien land laws are experiencing a strong revival in America. Twelve states have enacted new versions targeting the Chinese community, with seventeen states preparing to follow suit. This Paper provides a comprehensive analysis of this revival, tracing its legal roots to early 20th-century Supreme Court cases that upheld the constitutionality of the old alien land laws. These cases, referred to as “zombie cases,” remain on the books despite being irreconcilable …
The National Bioengineered Foods Disclosure Standard & Absence Claims: The Cost Of The Butterfly, Cahlen Cheatham
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 …
Corporate Governance Outside Wall Street, Gideon Parchomovsky, Asaf Eckstein
Corporate Governance Outside Wall Street, Gideon Parchomovsky, Asaf Eckstein
Texas A&M Law Review
Private companies far outnumber public ones but receive scant scholarly attention and little is known about their governance. The largest private companies are on par with public corporations in terms of their annual revenues, number of employees, and impact on the economy. At the same time, private companies are not subject to the reporting requirements that apply to public corporations. Furthermore, private companies are virtually free of all the other market forces that improve corporate governance. They need not comply with the governance norms that institutional investors impose on public corporations or worry about activist hedge funds intervening in their …
A Broken Glass And Its Pieces: The Psychological Impact On Children In Gaza, Qamar Bazar
A Broken Glass And Its Pieces: The Psychological Impact On Children In Gaza, Qamar Bazar
Publications and Research
This review article is on the psychological effects of ongoing violence on children living in Gaza through a trauma-informed approach to bring together research from academic articles, clinical studies, and journalistic reports published between 2023 and 2025. Based on the sources selected, their focus is on children’s mental health and whether they came from trusted and credible platforms. Rather than just summarizing the research, the paper uses relevant sources to understand how distress shows up in children with mental health struggles such as post-traumatic stress disorder (PTSD), dissociative amnesia, and obsessive-compulsive disorder (OCD). Questions like how they are related to …
Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim
Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim
Faculty Publications
Since the enactment of the Canadian Charter of Rights and Freedoms, Canadian judges have increasingly approached the Constitution through a living constitutionalist lens, adapting the Constitution to contemporary realities and treating the text as but one interpretive modality alongside purpose and context. The Supreme Court has rooted this living constitutionalism in the Judicial Committee of the Privy Council’s judgment, Edwards v Attorney General of Canada, wherein Lord Sankey introduced the metaphor of the “living tree.” Justice Robert Sharpe and Professor Patricia McMahon have suggested that the “living tree metaphor remained a forgotten footnote until 1982.” Indeed, more formalist approaches towards …
Cross-Border Limitations And Exceptions To Copyright: “Powered By Ai”, Marketa Trimble
Cross-Border Limitations And Exceptions To Copyright: “Powered By Ai”, Marketa Trimble
Joint PIJIP/TLS Research Paper Series
Businesses and institutions that wish to utilize copyright-protected works in multiple countries face a multiplicity of national copyright laws; although national copyright laws have been harmonized in accordance with several international treaties, and harmonized even more in the European Union member states by European Union legislation, countries’ copyright laws continue to vary. The multiplicity of national copyright laws raises costs of transnational operations, including for businesses and institutions that rely on limitations and exceptions to copyright (“L&Es”) in multiple countries. For example, AI companies might want to rely on L&Es to train and deploy their AI in multiple countries, as …
Recreate's Amicus Submission To The Constitutional Court In South Africa, May 2025, Iain Currie, Emma Webber, Daniel Linde, Sibongiseni Qagana
Recreate's Amicus Submission To The Constitutional Court In South Africa, May 2025, Iain Currie, Emma Webber, Daniel Linde, Sibongiseni Qagana
Joint PIJIP/TLS Research Paper Series
The Copyright Amendment Bill in South Africa aims to reform the copyright regime to provide additional rights to creators and users of copyrighted material. The main provisions for creators are a royalty right and increased control over commissioned works. For users, a series of exceptions and limitations are to be introduced.These include fair use for purposes such as education, personal use and research, as well as exceptions for libraries, archives and people with disabilities. South African President Cyril Ramaphosa referred the legislation to the Constitutional Court, primarily over concerns that the new rights for creators and users would constitute an …
Forced Arbitration In The Fortune 500, David Horton
Forced Arbitration In The Fortune 500, David Horton
Minnesota Law Review Vols. 106:2 onward (2021-present)
As the Federal Arbitration Act (FAA) nears its centennial, its most controversial byproduct—forced arbitration—has entered uncharted territory. For years, companies exploited their power over fine print to produce ambitious dispute resolution regimes. This trend reached its apex in the 2010s, when the Supreme Court held that arbitration is incompatible with class actions and gave its blessing to delegation provisions, which allow the arbitrator to decide whether a case must be arbitrated. But around 2020, the dynamic changed. Plaintiffs’ lawyers discovered a tactic called “mass arbitration” that gains settlement leverage by bombarding defendants with scores of individual claims. In addition, Congress …
Building Bridges: Queer Rights In And Out Of The Courts, Kaz Lane
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 …
Closing In On The Patent Troll: State Legislatures’ Role In Combatting Trolling Behavior, Will Roberts
Closing In On The Patent Troll: State Legislatures’ Role In Combatting Trolling Behavior, Will Roberts
Minnesota Law Review Vols. 106:2 onward (2021-present)
In the United States, entities known as patent trolls purchase patents solely for the purpose of threatening and bringing litigation and present a significant threat to innovation and economic progress. The question is: Who will rise to the occasion and stop them? In the face of federal inaction, state legislatures have stepped in, enacting laws to combat bad faith assertions of patent infringement. This note_comment examines the efficacy and constitutionality of state anti-patent troll statutes, analyzing how they operate within the broader framework of federal patent law. State legislatures have taken various approaches to address patent trolling. Some statutes have …
Suspecting With Data, Mary D. Fan
Suspecting With Data, Mary D. Fan
Minnesota Law Review Vols. 106:2 onward (2021-present)
Our pooled consumer big data, such as the pictures we post or the location history and keyword search trails we leave, are generating new ways to solve crimes. Much of the commentary on big data search strategies such as keyword, geofence, and facial recognition searches fixate on Fourth Amendment search and seizure issues rather than evidentiary safeguards. This Article breaks new ground by framing evidentiary guardrails for big data searches to reduce the harms of erroneous arrests, redress secrecy, and counteract the mystique of machine infallibility. Advancing beyond over-reliance on Fourth Amendment doctrine, this Article illuminates how evidence law and …
Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque
Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque
Minnesota Law Review Vols. 106:2 onward (2021-present)
Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …
Toward A Dynamic View Of Corporate Purpose, Dorothy Lund
Toward A Dynamic View Of Corporate Purpose, Dorothy Lund
Minnesota Law Review Vols. 106:2 onward (2021-present)
Scholars debating the corporation’s role in society generally advance the view that there is only one desirable orientation for corporations and their management. Specifically, proponents of a stakeholder governance model contend that focusing management on a broad set of corporate constituents maximizes overall welfare, while advocates of a shareholder-centric directive counter that prioritizing shareholders creates social welfare by rendering the firm most profitable. This Article offers another view: It suggests that the welfare-maximizing purpose for corporations could change depending on external economic conditions, which both of these positions assume away. Specifically, shareholder primacy is likely to promote welfare in a …
Against Attorney General Self-Referral In Immigration Law, Stella Burch Elias, Paul Gowder
Against Attorney General Self-Referral In Immigration Law, Stella Burch Elias, Paul Gowder
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Article advances a rule-of-law-based critique of the Attorney General’s immigration self-referral power. We argue that the Attorney General’s self-referral and review power over pending immigration proceedings allows an appointed Executive Branch official to engage in unchecked and unilateral lawmaking and, therefore, should be abolished. Scholars have typically understood legal stability, prospectivity, and the separation of policymaking from adjudication as requirements of the Anglo-American rule of law regime which protect individual freedom and equality. It is traditionally believed that by limiting policy-driven legislation to prospective, general laws which are enacted through an explicitly legislative process, individuals may be secure against …
Analyzing Florida’S Lgbtqia+ Censorship Laws And Their Anti-Democratic Attack On Education, Peyton Sibert
Analyzing Florida’S Lgbtqia+ Censorship Laws And Their Anti-Democratic Attack On Education, Peyton Sibert
Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy
The past four years (2021-2024) have seen an increase in academic censorship laws and anti-LGTBQIA+ rhetoric across the United States. Florida, specifically, has established itself as a leader in discriminatory legislation. In this paper, the author analyzes four Florida laws: HB 1557, HB 1069, HB 7, and SB 266, along with the rise in book bans to consider both the pedagogical effects and negative impacts on the LGBTQIA+ community. These analyses will be juxtaposed with extant political rhetoric around these laws to expose a) the intent of the law b) the contradictions within and across laws and thereby c) the …
Commencement 2025: Dean Marcus Cole's Charge To The Graduating Class, Marcus Cole
Commencement 2025: Dean Marcus Cole's Charge To The Graduating Class, Marcus Cole
2019–Present: G. Marcus Cole
Joseph A. Matson, Dean and Professor of Law, G. Marcus Cole delivered this charge to Notre Dame Law School’s Class of 2025 during the Law School’s Hooding Ceremony on May 17, 2025, in Purcell Pavilion.
How Experts View The Legal System's Use Of Scientific Evidence, Shari Seidman Diamond, Richard Lempert
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 …
The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos
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
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 …
Replacement Opening Brief For Plaintiff-Appellant Mona Salcida Murillo, Elise Chigier, Bilal Mubarack, Daniel Siemers, Erin Hunter, Madeline H. Meth
Replacement Opening Brief For Plaintiff-Appellant Mona Salcida Murillo, Elise Chigier, Bilal Mubarack, Daniel Siemers, Erin Hunter, Madeline H. Meth
Faculty Scholarship
When Mona Murillo tried to assert her rights to be free from sex discrimination and physical threats from prison officials at Salinas Valley State Prison (SVSP), those officials conspired to punish her and obstruct her efforts to remedy these harms. Murillo is a transgender woman who, while incarcerated at SVSP, repeatedly complained about unsafe working conditions (created and maintained because of her sex) and sex-based harassment perpetrated by Defendants Lopez, Garcia, Lepe, and Castillo. In return, Murillo was subjected to threats, fabricated disciplinary charges, and deliberate efforts to deny her access to necessary work gear by these same Defendants and …
A Reflective Case Study Of Leadership Models In The Fight For Abortion Access, Jamie R. Abrams
A Reflective Case Study Of Leadership Models In The Fight For Abortion Access, Jamie R. Abrams
ConLawNOW
This Essay presents a reflective case study on divergent leadership models in the fight for abortion access. Just as scholars study what is happening regarding abortion access, it is equally important to study how people advocate for supportive laws and policies, where they advocate, and who they center in the advocacy, so that tactics remain effective in a rapidly evolving legal, political, and social landscape. This Essay analyzes the “I Stand with Planned Parenthood” advocacy campaign of the 2000s as an example of a centralized and individual leadership model, and it identifies strategic strengths and weaknesses of that approach. This …
State V. Smith 2024-Ohio-5745, Joseph Phillipps
State V. Smith 2024-Ohio-5745, Joseph Phillipps
Ohio Northern University Law Review
No abstract provided.
State V. Dunn 2024-Ohio-5742, Madison Walsh
State V. Dunn 2024-Ohio-5742, Madison Walsh
Ohio Northern University Law Review
No abstract provided.
From Students To Professionals: The Case For Treating College Athletes As Employees, Dalton Stewart
From Students To Professionals: The Case For Treating College Athletes As Employees, Dalton Stewart
Ohio Northern University Law Review
No abstract provided.
State V. Hickman 2024-Ohio-5747, Alyssa Hohlbein
State V. Hickman 2024-Ohio-5747, Alyssa Hohlbein
Ohio Northern University Law Review
No abstract provided.