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Articles 961 - 990 of 10230
Full-Text Articles in Entire DC Network
Demoralizing Elite Fraud, Zephyr Teachout
Demoralizing Elite Fraud, Zephyr Teachout
Faculty Scholarship
The Supreme Court keeps striking down wire fraud convictions. Why?
As I show in this piece, from the 1970s to this year, the Court has repeatedly attempted to shift the framework of fraud cases from moral language to morally neutral language. As a result, the Court ends up making a hash of statutory interpretation, because it then has to interpret statutes that it has effectively rewritten. For instance, much of the current fraud jurisprudence revolves around defining what property means. The Mail Fraud statute does not have the language of property in it, and the legislative history does not involve …
Mass Surveillance As Racialized Control, Prithika Balakrishnan
Mass Surveillance As Racialized Control, Prithika Balakrishnan
Faculty Scholarship
This Article examines how the expanded use of pretrial GPS surveillance is radically changing the presumption of innocence by implicating punitive measures absent constitutional protections and amplifying the racial disparities in our criminal justice system. Largely viewed as a substitution for physical detention and therefore a less onerous intrusion on a defendant’s liberty, pretrial GPS surveillance erodes fundamental liberties under the guise of criminal justice regulation. These highly racialized but invisible repercussions include harms to physical and psychological health, freedom of movement, privacy, and future economic self-determination. I argue that, in light of these substantial harms, courts must examine how …
Multi-Strain Probiotic Improves Subjective Sleep Quality With No Impact On Body Composition, Hemodynamics, And Physical Activity, Chad Kerksick, Jessca Moon, Kylie Walden, Anthony Hagele, L. E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Marco Pane, Petey Mumford
Multi-Strain Probiotic Improves Subjective Sleep Quality With No Impact On Body Composition, Hemodynamics, And Physical Activity, Chad Kerksick, Jessca Moon, Kylie Walden, Anthony Hagele, L. E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Marco Pane, Petey Mumford
Faculty Scholarship
The objective of the study was to examine the impact of a multi-strain probiotic (MSP) on sleep, physical activity, and body composition changes. We used a randomised, double-blind, placebo-controlled approach with 70 healthy men and women (31.0 ± 9.5 years, 173.0 ± 10.4 cm, 73.9 ± 13.8 kg, 24.6 ± 3.5 kg/m2) supplemented daily with MSP (4 × 109 live cells Limosilactobacillus fermentum LF16, Lacticaseibacillus rhamnosus LR06, Lactiplantibacillus plantarum LP01, and Bifidobacterium longum 04; Probiotical S.p.A., Novara, Italy) or placebo (PLA). In response to supplementation (after 0, 2, 4, and 6 weeks of supplementation) and 3 weeks after stopping supplementation, …
Intentional Parenthood, Contingent Fetal Personhood, And The Right To Reproductive Self-Determination, Laura D. Hermer
Intentional Parenthood, Contingent Fetal Personhood, And The Right To Reproductive Self-Determination, Laura D. Hermer
Faculty Scholarship
This Article argues that intent should govern legal parenthood, regardless of the method of conception, the person’s biological or genetic relationship to the resulting embryo/fetus, or the person’s gender. This proposition is not new. This Article adds to scholarly discourse by extending the concept: Intent should not just determine parenthood, but also fetal rights. When a pregnant person establishes their procreational intent (or lack thereof) prior to birth, then both the existence (or lack thereof) of legal protections for the embryo/fetus and the gestator’s rights and duties (or lack thereof) should flow from this intent. Non-gestating gamete contributors would do …
If Not Here, Where?: Transnational Litigation Against U.S. Tech Giants Around The World, Pamela K. Bookman
If Not Here, Where?: Transnational Litigation Against U.S. Tech Giants Around The World, Pamela K. Bookman
Faculty Scholarship
In recent suits around the world against U.S. tech giants-e.g., litigation in Canada against Twitter (now X), in Kenya against Facebook, and in Europe against Google-plaintiffs urge foreign courts to adapt concepts like specific personal jurisdiction in flexible ways to allow litigation to proceed. In their defense, the U.S. companies are reusing the argument that similarly situated defendants successfully deployed in U.S. courts over the last few decades-that the cases are too foreign and do not belong in these courts. But these defendants have lost their home court advantage. They find themselves in courts with closer ties to the disputes …
Covid-19 Pediatric Vaccine Authorization, Fda Authority, And Individual Misperception Of Risk, Joanna K. Sax, Neal Doran
Covid-19 Pediatric Vaccine Authorization, Fda Authority, And Individual Misperception Of Risk, Joanna K. Sax, Neal Doran
Faculty Scholarship
Vaccines are one component to the public health strategies to alleviate the COVID-19 pandemic. Hesitancy regarding COVID-19 vaccines in the United States has been problematic, which is not surprising given increasing overall vaccine hesitancy in recent decades. Most vaccines are administered during childhood years. Consequently, understanding hesitancy toward administration of vaccines in this age group may provide insight into possible interventions to reduce vaccine hesitancy. The present study analyzed a subset of over 130,000 public comments posted in response to a notice of meeting of the vaccine advisory group to the Food and Drug Administration. The meeting addressed whether to …
Historical Fact, Ryan Williams
Is There A Presumption Against Wealth Taxation?, Linda Sugin
Is There A Presumption Against Wealth Taxation?, Linda Sugin
Faculty Scholarship
No abstract provided.
Competition & Risk, Doni Bloomfield
Personal Jurisdiction And The Declaration Of Independence, Ryan Williams
Personal Jurisdiction And The Declaration Of Independence, Ryan Williams
Faculty Scholarship
No abstract provided.
Bespoke Regulation Of Artificial Intelligence, Brenda M. Simon
Bespoke Regulation Of Artificial Intelligence, Brenda M. Simon
Faculty Scholarship
The decision to regulate artificial intelligence (AI) has far reaching consequences. Determining how to address budding applications of AI technology should depend on their effects. This article describes how regulation should be carefully tailored to avoid harm while maximizing social welfare, building on Orly Lobel's taxonomy of regulatory tools. Part I examines the foundational difficulties in governing AI, including industry influence in regulation and deficiencies in enforcement. Part II elaborates on Lobel's framework, detailing the benefits and limitations of a variety of tools, such as voluntary standards, soft law mechanisms, and public-private partnerships. It describes how bringing in diverse stakeholders …
Are ‘Friends’ Electric?, James Cooper
Reclaiming Personal Privacy Rights Through The Freedom Of Intimate Association, Nancy C. Marcus
Reclaiming Personal Privacy Rights Through The Freedom Of Intimate Association, Nancy C. Marcus
Faculty Scholarship
The United States has entered a new constitutional era where substantive due process, under attack by the Supreme Court itself, can no longer be viewed as a solid foundation for the securing of personal privacy rights. In a post-Dobbs v. Jackson Women’s Health Organization world, the right to personal privacy, long understood to be protected under the Fifth and Fourteenth Amendments’ Due Process Clauses, is in need of a new doctrinal home. The evisceration of modern substantive due process in the context of abortion rights implicates and endangers LGBTQ+ rights and other personal privacy rights as well. As such, …
Natural Language Processing And Neurosymbolic Ai: The Role Of Neural Networks With Knowledge-Guided Symbolic Approaches, Emily Barnes, James Hutson
Natural Language Processing And Neurosymbolic Ai: The Role Of Neural Networks With Knowledge-Guided Symbolic Approaches, Emily Barnes, James Hutson
Faculty Scholarship
Neurosymbolic AI (NeSy AI) represents a groundbreaking approach in the realm of Natural Language Processing (NLP), merging the pattern recognition of neural networks with the structured reasoning of symbolic AI to address the complexities of human language. This study investigates the effectiveness of neurosymbolic AI in providing nuanced understanding and contextually relevant responses, driven by the need to overcome the limitations of existing models in handling complex linguistic tasks and abstract reasoning. Employing a hybrid methodology that combines multimodal contextual modeling with rule-governed inferences and memory activations, the research delves into specific applications like Named Entity Recognition (NER), where architectures …
Food And Drug Regulation: Statutory And Regulatory Supplement (2024), Adam I. Muchmore
Food And Drug Regulation: Statutory And Regulatory Supplement (2024), Adam I. Muchmore
Faculty Scholarship
This Statutory and Regulatory Supplement is intended for use with its companion casebook, Food and Drug Regulation: A Statutory Approach (2021). This is not a traditional statutory supplement. Instead, it contains selected, aggressively edited provisions of the Federal Food, Drug and Cosmetic Act (FFDCA), related statutes, and the Code of Federal Regulations. The Supplement includes all provisions assigned as reading in the casebook, as well as a few additional provisions that some professors may wish to cover. The excerpts are designed to be teachable rather than comprehensive.
Can Crt Save Dei?: Workplace Diversity, Equity & Inclusion In The Shadow Of Anti-Affirmative Action, Tanya K. Hernandez
Can Crt Save Dei?: Workplace Diversity, Equity & Inclusion In The Shadow Of Anti-Affirmative Action, Tanya K. Hernandez
Faculty Scholarship
Just four years after the nation’s summer of 2020 protests—sparked by the murder of George Floyd— culminated in a racial reckoning in which many organizations across the country instituted racial equity measures and policies, legislators across the nation are enacting anti-Critical Race Theory (CRT) bans in a seeming backlash to this advocacy for racial justice. The bans simultaneously mischaracterize CRT as anti-White discrimination while strategically conflating it with workplace diversity, equity, and inclusion (DEI) initiatives. Further inflaming the racially hostile public discourse is the U.S. Supreme Court’s recent decision in Students for Fair Admissions v. Harvard (2023), which greatly narrows …
Statutory Interpretation In The 2020s: A View Of The Cathedral, Ethan J. Leib, Fordham University School Of Law
Statutory Interpretation In The 2020s: A View Of The Cathedral, Ethan J. Leib, Fordham University School Of Law
Faculty Scholarship
This Comment looks at eighty-seven statutory interpretation cases in the Supreme Court’s docket over the 2020–2022 Terms to evaluate trends in how the nation’s highest court reads statutes in the modern era. It concludes that the overarching story is neither a purely “textualist” one, nor one in which the liberal bloc is very often at odds with the conservative bloc. Instead, statutory interpretation is much more consensual than it is often credited to be—and contextual and purposive arguments continue to remain valid modalities of interpretation, even as standard textualist tools also remain relevant.
The Implications Of Section 230 For Black Communities, Spencer Overton, Catherine Powell
The Implications Of Section 230 For Black Communities, Spencer Overton, Catherine Powell
Faculty Scholarship
Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (for example, posts, comments, and videos) and for moderation of that content. This Article addresses an important issue overlooked by both defenders and critics of Section 230: the implications of the law and proposed reforms for Black communities in particular. By relieving tech platforms of most legal liability for third-party content, Section 230 helps facilitate Black social activism, entrepreneurship, and artistic creativity. Section 230 also relieves platforms of most legal liability for content moderation, which boosts …
The Role Of Data Sharing In Transboundary Waterways: The Case Of The Helmand River Basin, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez
The Role Of Data Sharing In Transboundary Waterways: The Case Of The Helmand River Basin, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez
Faculty Scholarship
While data and information exchanges theoretically play an effective role in the decision-making process of a shared watercourse, in practice, there are several challenges that prevent riparians from sharing data in an effective and cooperative manner. This chapter seeks to assess why the riparian nations of the Helmand River have failed to adopt an effective data exchange mechanism although both nations signed an internationally recognized bilateral water treaty in 1973. Applying a mixed study approach, the study draws on the theory of planned behavior (TPB) to interpret the main obstacles of data sharing between Afghanistan, the upstream state, and Iran, …
The Major Questions Doctrine At The Boundaries Of Interpretive Law, Daniel E. Walters
The Major Questions Doctrine At The Boundaries Of Interpretive Law, Daniel E. Walters
Faculty Scholarship
The Supreme Court’s apparent transformation of the major questions doctrine into a clear statement rule demanding clear congressional authorization for “major” agency actions has already had, and will continue to have, wide-ranging impacts on American public law. Not the least of these is the impact it will have on the enterprise of statutory interpretation. Indeed, while it is easy to focus on the policy repercussions of a newly constrained Congress and newly hamstrung administrative state, this Article argues that equally important is the novel precedent that is set in this particular formulation of a clear statement rule, which stands almost …
War & Ip, Peter K. Yu
War & Ip, Peter K. Yu
Faculty Scholarship
On February 24, 2022, war broke out between Russia and Ukraine, sparking concerns among government leaders, intergovernmental bodies and the public at large. A month later, the Russian government issued Decree 299, which reduced to zero the royalty rate for national security-based compulsory licenses to intellectual property rights held by individuals or entities originating from the United States or other "unfriendly" nations. Meanwhile, the United States and other members of the international community imposed sanctions on Russia, raising questions about whether those sanctions would prevent U.S. companies and individuals from engaging with Russian intellectual property agencies. Many multinational corporations also …
Wipo Negotiations On Intellectual Property, Genetic Resources And Associated Traditional Knowledge, Peter K. Yu
Wipo Negotiations On Intellectual Property, Genetic Resources And Associated Traditional Knowledge, Peter K. Yu
Faculty Scholarship
At the 2000 General Assembly, the World Intellectual Property Organization (WIPO) established the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to address intellectual property issues relating to genetic resources, traditional knowledge (TK) and traditional cultural expressions (TCEs). Although the IGC initially focused its work on studying these issues, it obtained a new mandate to accelerate its work in October 2009 and began text-based negotiations on an international instrument, or international instruments, a few months later. These negotiations paved the way for WIPO to convene a diplomatic conference to conclude an International Legal Instrument Relating …
What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh
What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh
Faculty Scholarship
When mediation was reintroduced to the U.S. in the 1970s, it was infused with a democracy-and-self-determination-enhancing, social justice ethos. As the process has been very successfully institutionalized, however, these ambitions have been scaled backalthough, at least arguably, certain "mediative elements" have actually been adopted (or coopted) by other procedural innovations. Perhaps it is time for those of us frustrated with the evolution of mediation to reconcile ourselves to the reality and value of a "basic" model of mediation designed for the sole purpose of getting parties from dispute to settlement-in much the same way that the basic model of a …
Narrow But Deep: The Mcculloch Principle, Collective-Action Theory, And Section Three Enforcement, Neil S. Siegel
Narrow But Deep: The Mcculloch Principle, Collective-Action Theory, And Section Three Enforcement, Neil S. Siegel
Faculty Scholarship
In Trump v. Anderson, 144 S. Ct. 662 (2024), the Supreme Court of the United States held that the Colorado Supreme Court erred in excluding President Donald J. Trump from the Republican Party's primary ballot in the state. The Court reasoned that the Constitution makes Congress, not the states, solely responsible for enforcing Section 3 of the Fourteenth Amendment. Scholars of Section 3 have demonstrated that Section 3 is self-executing, so the Court's rationale lacks a sound basis in the original or contemporary meaning of the text of the Civil War Amendments, the original intent of their drafters, or …
Symposium: Gender, Health, And The Constitution: Gender-Affirming Care And Children's Liberty, Dara Purvis
Symposium: Gender, Health, And The Constitution: Gender-Affirming Care And Children's Liberty, Dara Purvis
Faculty Scholarship
This essay addresses the wave of statutes banning gender-affirming care for transgender and gender-diverse minors passed in states across the country over the last three years. It argues that an underdeveloped understanding of children’s rights makes it more difficult to explain how harmful gender-affirming care bans are and to challenge them in court. After explaining the nature of gender-affirming care, the essay discusses the grounds underlying existing challenges to gender-affirming care bans, highlighting the emphasis on equal protection and parental rights. It concludes by reframing the children’s liberty argument and exploring what the broader consequences of courts recognizing such a …
Overselling Bil And Ira, Adam D. Orford
Overselling Bil And Ira, Adam D. Orford
Faculty Scholarship
This Article argues that the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA) are less likely to reduce U.S. greenhouse gas emissions than typically believed, and that a misconceived narrative of spending effectiveness is now threatening to undercut the perceived urgency of further legislative action on climate change in the United States. With the passage of BIL and IRA, the United States has committed to a climate law strategy predominated by public spending in lieu of regulatory mandates. Recent studies, including studies produced by the U.S. federal government, predict that this spending will push U.S. annual greenhouse gas emissions …
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Faculty Scholarship
In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts — “labor’s” efforts for short — seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would …
The Harm Of "Nothing Burgers", Joshua Gupta-Kagan
The Harm Of "Nothing Burgers", Joshua Gupta-Kagan
Faculty Scholarship
Child protective services (CPS) agencies subject a wide scope of families to investigation, and the vast majority do not lead to family separations or family court cases. A 2017 study, for instance, showing that 37% of all children and 53% of Black children are the subject of CPS investigations in their childhoods, has now been cited hundreds of times. Kelley Fong’s new book, Investigating Families, is based on the months she spent embedded with CPS investigators responding to allegations that parents abused or (more often) neglected their children, and the interviews she conducted with both investigators and the parents …
Delegation Run Amok, George A. Bermann
Delegation Run Amok, George A. Bermann
Faculty Scholarship
The proper allocation of authority between courts and arbitral tribunals over the enforceability of agreements to arbitrate has long occupied a central place in United States arbitration law, domestic and international alike. From US Supreme Court case law over the years, there has emerged a reasonably well-understood distinction between those issues of enforceability that a court will address if asked by a party to do so and those that it will not. Fundamental to the Court’s jurisprudence is a recognition that some enforceability issues — “gateway issues” — so seriously implicate the consent of parties to arbitrate their disputes that …
Safe Storage Laws And Self-Defense From Heller To Bruen, Joseph Blocher
Safe Storage Laws And Self-Defense From Heller To Bruen, Joseph Blocher
Faculty Scholarship
This short Essay, written for a symposium honoring Walter Dellinger, explores one of the most underappreciated—and indefensible—holdings of District of Columbia v. Heller, the landmark Second Amendment case that Walter ably argued for the District. Most scholars have focused on Heller’s announcement of an “individual” right to keep and bear arms for private purposes and its invalidation of the District’s prohibition on handguns. But along the way, almost in passing, the Court also struck down the District’s requirement that firearms be kept “unloaded and dissembled or bound by a trigger lock or similar device.” It did this not by asking …