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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 …

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 …

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Veterinary Medical Board, Isiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Maya Patel, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Wyatt Page, Selena Sanchez, Steven Soldani, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Byanca Hutchins, Katie González, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Lisette Cruz, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, Shun Lam, Katie González

California Regulatory Law Reporter

No abstract provided.

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 …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Preclusive Jurisdictional Dismissals, Kevin Song

Northwestern University Law Review

Every litigant deserves their day in court. At the same time, litigants cannot endlessly go to court on the same matter. A complex body of preclusion law balances these fundamental tenets by examining when adjudication of a matter precludes subsequent relitigation. This body of law has evolved over time to preserve the day-in-court ideal in a way that is sensitive to the threats that relitigation present to judicial efficiency, fair adjudication, and repose. Modern preclusion law has settled on a pragmatic approach: where a court has issued a final judgment on the merits but erroneously assumed jurisdiction, relitigation may still …

Public Employees Labor Relations Law: The First Five Years, Raymond G. Mcguire, Bryan M. Dench

Maine Law Review

In 1965 the 102d Maine Legislature passed the Fire Fighters Arbitration Law, authorizing collective bargaining between bargaining agents designated by municipal fire fighters and their municipal employers. After four years of experience with the Fire Fighters Law, the Legislature enacted the Municipal Public Employees Labor Relations Law (MPELRL) in 1969, a more comprehensive statute mandating collective bargaining between municipalities and bargaining agents designated by the majority of municipal employees in units appropriate for bargaining. In 1974 in "An Act Extending Collective Bargaining Rights to State Employees," the 106th Legislature accorded to most state employees substantially the same organizational and bargaining …

Drivers Of Effective Laws For Automated Vehicles, William Hubbard

Villanova Law Review (1956 - )

No abstract provided.

Standard Search Logic Under Article 9: The Florida Debacle Revisited, Kenneth C. Kettering

University of Miami Law Review

If a financing statement is filed in a filing office that does not have a search system that uses a standard search logic, Article 9 of the Uniform Commercial Code provides that there is no tolerance for any error, however slight, in the debtor’s name shown on that financing statement. Such an erroneous financing statement will not be effective to perfect a security interest. In 2012 the author warned that the search system used by Florida’s central filing office lacks a standard search logic, and in 2022 the Florida Supreme Court so held. This Article (i) details how Florida should …

Beware Of The Dangers Of The State-Created Danger Doctrine: A Look At The Ninth Circuit's Approach, Julia Steiner

University of Miami Law Review

The Fourteenth Amendment applies to state, not private, actors. It, like the whole of our Constitution, operates as a negative restraint on government. The Due Process Clause thus forbids states from taking certain action—but it does not and cannot compel the state to act ab initio. These core concepts formed the basis of the Supreme Court’s decision in DeShaney v. Winnebago County, where the Court reaffirmed that the only instance where the state assumes an affirmative duty to provide safety and security is when the state itself restrains an individual from protecting themselves.

Yet, since DeShaney, the circuit …

Historical Firearm Licensing And Permitting Laws, Robert J. Spitzer

Dickinson Law Review (2017-Present)

No abstract provided.

Supreme Court Gives States The Green Light To Go Ham: The Dormant Commerce Clause In Renewable Energy In Light Of National Pork Producers, Ellie Carl

Michigan Journal of Environmental & Administrative Law

Two years ago, the Supreme Court slaughtered the Dormant Commerce Clause in its decision in National Pork Producers v. Ross. While the case is not explicitly about environmental law, it significantly affects environmental laws and policies, especially pertaining to state renewable portfolio standards. These state policies are especially prone to Dormant Commerce Clause litigation, given the interstate nature of electric grids. This paper argues that the scope of the Dormant Commerce Clause in light of this decision is appropriate for ensuring that states have adequate wiggle room in renewable energy regulation, but not an excessive amount of leeway so …

James Baldwin And What U.S. Governments Owe Every American, Randall K. Johnson

Faculty Works

This book review looks at the life, work and impact of James Baldwin, a famous writer and civil rights activist that was born one hundred (100) years ago. It does so, for one of the first times in the field of law, by examining Baldwin’s influence on the legal system. The book review carries out its work by identifying Baldwin’s impacts upon U.S. law: before, during and after his public service career. In the process, this book review describes how governments can build on Baldwin's writings and advocacy work.

University Of Baltimore: A Century Of Opportunity, A Future Of Leadership, Lavonda N. Reed

University of Baltimore Law Forum

No abstract provided.

Absolute Immunity Corrupts Absolutely: A Call To Allow For Prosecutorial Liability In Cases Of Gross Negligence And Malice, Kristen M. Mack, Cary J. Hansel

University of Baltimore Law Forum

No abstract provided.

Innocence Is Different: Why Victim Impact Statements Should Be Inadmissible At Wrongful Conviction Hearings, Colin Miller

University of Baltimore Law Forum

No abstract provided.

Contrition Conflict: Remorse And Innocence Under The Juvenile Restoration Act, Jayna Peterson

University of Baltimore Law Forum

No abstract provided.

Teachers, Raise Your Hands: Why Maryland Must Allow Class Size As A Permissive Subject For Public School Teachers' Collective Bargaining, Grace Andrews-Becker

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Rovin V. State, Odi Odian

University of Baltimore Law Forum

No abstract provided.

Censorship As A Cure For The Youth Mental Health Crisis In The United States: Utah's Social Media Ban For Minors, Lora M. Singh

William & Mary Journal of Race, Gender, and Social Justice

On October 1, 2024, Utah’s Social Media Regulation Act was scheduled to go into effect, regulating minors’ access and relationship to social media platforms. The Act will, in part, require minor account holders to obtain parent or guardian consent to maintain a social media account, limit the hours minors can be on social media, and prohibit social media platforms from using “addictive” features with minors’ social media accounts. Utah’s Legislature enacted the Social Media Regulation Act in response to the current mental health crisis among Utah minors, which is part of a larger mental health crisis among youth across the …