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Articles 3331 - 3360 of 25397
Full-Text Articles in Entire DC Network
A Health Justice Response To School Discipline And Policing, Thalia Gonzalez, Alexis Etow, Cesar De La Vega
A Health Justice Response To School Discipline And Policing, Thalia Gonzalez, Alexis Etow, Cesar De La Vega
Faculty Scholarship
Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact of school discipline and policing is amplified, with disparities existing at some of the highest rates across multiple categories. And this disproportionality has not diminished during short- and long-term school closures resulting from the COVID-19 pandemic. In fact, schools have employed new models of exclusion in the pandemic setting that operate …
Race, Public Health, And The Epidemic Of Incarceration, Thalia Gonzalez, Emma Kaeser
Race, Public Health, And The Epidemic Of Incarceration, Thalia Gonzalez, Emma Kaeser
Faculty Scholarship
No abstract provided.
The Death Of Law, Ugo Mattei
The Death Of Law, Ugo Mattei
Faculty Scholarship
This is a talk about the decline and fall of constitutional law, an over-arching characteristic of the new millennium. I focus on the period from the end of the Cold War—once described as the end of history—to what I call the “Second Cold War” beginning in the second decade of this century and having escalated in the proxy war in Ukraine. The Second Cold War is also characterized by an aborted cooptation of China through the World Trade Organization (to tame China’s seemingly unstoppable ascension to global supremacy) as well as a state of per-manent emergency.
Brains Without Money: Poverty As Disabling, Emily R. Murphy
Brains Without Money: Poverty As Disabling, Emily R. Murphy
Faculty Scholarship
e United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the “deserving” and “undeserving” poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals are assumed to be at fault for their disadvantage and are therefore less deserving of aid. This Article argues that recent advances in brain and behavioral science undermine the factual basis for those assumptions. Poverty inhibits brain development during childhood and, later in life, adversely affects cognitive capacities that …
Dosing Discrimination: Regulating Pdmp Risk Scores, Jennifer D. Oliva
Dosing Discrimination: Regulating Pdmp Risk Scores, Jennifer D. Oliva
Faculty Scholarship
Prescription drug monitoring program (PDMP) predictive surveillance platforms were designed for-and funded by-law enforcement agencies. PDMPs use proprietary algorithms to determine a patient's risk for prescription drug misuse, diversion, and overdose. The proxies that PDMPs utilize to calculate patient risk scores likely produce artificially inflated scores for marginalized patients, including women and racial minorities with complex, pain related conditions; poor, uninsured, under-insured, and rural individuals; and patients with co-morbid disabilities or diseases, including substance use disorder and mental health conditions. Law enforcement conducts dragnet sweeps of PDMP data to target providers that the platform characterizes as "overprescribers" and patients that …
The Influence Of White Exceptionalism On Drug War Discourse, Jennifer D. Oliva, Taleed El-Sabawi
The Influence Of White Exceptionalism On Drug War Discourse, Jennifer D. Oliva, Taleed El-Sabawi
Faculty Scholarship
No abstract provided.
Toward A Broader Vision Of Lawyering, Ascanio Piomelli
Toward A Broader Vision Of Lawyering, Ascanio Piomelli
Faculty Scholarship
No abstract provided.
Strengthening Systems Of Care For People With Or At Risk For Hiv, Hcv And Opioid Use Disorder: A Call For Enhanced Data Collection, Jennifer D. Oliva, Anthony J. Eller
Strengthening Systems Of Care For People With Or At Risk For Hiv, Hcv And Opioid Use Disorder: A Call For Enhanced Data Collection, Jennifer D. Oliva, Anthony J. Eller
Faculty Scholarship
Background: The syndemic between opioid use disorder (OUD), hepatitis C virus (HCV), and human immunodeficiency virus (HIV) results in excessive burdens on the healthcare system. Integrating these siloed systems of care is critical to address all three conditions adequately. In this implementation project, we assessed the data capacity of the health system to measure a cascade of care (COC) across HIV, HCV and OUD services in five states to help guide public health planning. Materials and methods: Data for this study were gathered from publicly available datasets and reports from government (SAMSHA, CMS, HRSA and CDC) sites. We created, where …
Egg-Freezing, Uterine Transplants, And In Vitro Gametogenesis: Disruptive Or Normalizing Reproductive Technologies?, Radhika Rao
Egg-Freezing, Uterine Transplants, And In Vitro Gametogenesis: Disruptive Or Normalizing Reproductive Technologies?, Radhika Rao
Faculty Scholarship
In the last year, headlines have heralded the introduction of several radical new technologies that promise to revolutionize procreation and transform our understanding of reproduction. In March 2021, for example, scientists revealed that mouse embryos had been grown in" artificial wombs" for 11 days, roughly half the animal's natural gestation period. According to Jacob Hanna, the biologist at the Weizmann Institute of Science in Israel who led the research team: "This sets the stage for other species. I hope that it will allow scientists to grow human embryos until week five." At the same time, two groups of researchers reported …
Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez
Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez
Faculty Scholarship
Social movements use legal tools to create narratives. Those narratives support social agendas which certain movements leverage to mislead their followers and potential followers. In this Article, we examine one influential anti-vaccine organization, the Informed Consent Action Network (ICAN), that uses its far-reaching platform to create false narratives around legal action. Again and again, this anti-vaccine group misrepresented both the legal and the factual meanings of court decisions, settlements, and other legal actions to create a narrative to galvanize its followers and influence newcomers. ICAN filed lawsuits that make anti-vaccine arguments—even when the legal framework did not fit doing so—and …
Exercising Control Or Giving It Up? What Elder Law Attorneys Should Know About Continuing Care Retirement Communities, Yvonne Troya
Exercising Control Or Giving It Up? What Elder Law Attorneys Should Know About Continuing Care Retirement Communities, Yvonne Troya
Faculty Scholarship
No abstract provided.
Drafting Agricultural Legislation, Jessica Vapnek
Drafting Agricultural Legislation, Jessica Vapnek
Faculty Scholarship
"Agricultural legislation” is an umbrella term that covers a broad range of topics, including food, veterinary matters, plant protection, seeds, forestry, fisheries, water, and land. Agricultural legislation also intersects with other discrete subject areas, including environment, health, and trade. Because of these interconnections the borderlines – where agriculture begins and these related topics end – are debatable. How different countries view agriculture varies significantly. In the developed world, agriculture is mostly a commercial enterprise, and “agricultural law” is considered largely to apply to the business of agriculture, including agricultural finance, supply chains, marketing, insurance (crop, drought, pest), real estate, intellectual …
Implementing A (Modern) Progressive Consumption Tax, Manoj Viswanathan
Implementing A (Modern) Progressive Consumption Tax, Manoj Viswanathan
Faculty Scholarship
Progressively taxing consumption has much normative appeal, but pre vious legal scholarship has incorrectly assumed that directly accounting for the expenditures of individual taxpayers is administratively infeasible. Changes in consumer spending and advances in technology require revisiting this assumption. This article proposes a novel framework through which an individual accounting progressive consumption tax (IAPCT) can be imple mented and establishes the IAPCT's superiority to previously proposed forms of progressive consumption taxation. IAPCT advantages include a significant reduction in tax filing costs, improved enforcement, and the immediate de ployment of place-based tax policy.
Regulating Democratized Investing, Abraham Cable
Regulating Democratized Investing, Abraham Cable
Faculty Scholarship
Robinhood and its imitators activated millions of new investors. Perhaps we should applaud them for finally resurrecting the retail investor after a decades-long decline. There are, however, reasons for concern. Robinhood racked up record fines in the run-up to its IPO. Its users are young, inexperienced, and prone to speculating in risky investments. Given these concerns, this Article considers how to protect this new class of “ultra-retail investors” while also leaving regulatory breathing room for these new market participants. It concludes that many current regulatory approaches risk being ineffectual or stamping out ultra-retail investing altogether by targeting product features that …
The Hard Lessons Of Democratized Investing: A Reply To Gramitto Ricci And Sautter, Abraham Cable
The Hard Lessons Of Democratized Investing: A Reply To Gramitto Ricci And Sautter, Abraham Cable
Faculty Scholarship
No abstract provided.
The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks
The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks
Faculty Scholarship
Scholars often presume that administrative dysfunction is a deviation from the norm of regularity in administrative law. This presumption is reinforced by courts who defer to agencies on the basis of a legal fiction of idealized regularity. In reality, irregularities are common in policymaking and they make agencies vulnerable to dysfunction. Irregularities are not bugs, but features of the administrative state. Sometimes, a national emergency makes political influence unavoidable and urges departures from usual regulatory processes. At other times, however, the framing of a problem as a national emergency is a pretextual justification to pursue a pre- determined political goal …
Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen
Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen
Faculty Scholarship
This essay reflects on the use of interdisciplinary perspectives in teaching survey and seminar classes on immigration and citizenship. It focuses on three benefits. First, empirical research gives the doctrine a reality check. Second, normative inquiry evaluates the doctrine against desired values. Third, policy analysis opens up possibilities for reforming and improving on doctrine.
Colorblind Nationalism And The Limits Of Liberalism, Ming Hsu Chen
Colorblind Nationalism And The Limits Of Liberalism, Ming Hsu Chen
Faculty Scholarship
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …
Advertising Medicine: Selling The Cure, Robin Feldman
Advertising Medicine: Selling The Cure, Robin Feldman
Faculty Scholarship
Although most countries forbid advertising medicine to patients, “direct-to- consumer advertising” has flourished in the United States over the past century. Research shows that the practice prompts inappropriate prescriptions and disadvantages generic competitors, leading to adverse drug reactions and increased prescription drug spending. Nevertheless, a comprehensive regulatory system for direct-to-consumer advertising continues to escape the grasp of policymakers. Regulatory authority has bounced between the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA), where primary jurisdiction now resides. Since the FDA assumed responsibility, the agency’s only major regulatory initiative has been to minimize disclosure requirements for advertisements. Enforcement …
Patents As Property For The Takings, Robin Feldman
Patents As Property For The Takings, Robin Feldman
Faculty Scholarship
The Fifth Amendment’s Compensation Clause contains only a few simple words: “nor shall private property be taken for public use without just compensation.” Yet these simple words have confounded legal minds for over 200 years, and as Congress has contemplated various patent law reforms in recent decades, the specter of the Fifth Amendment looms on the horizon. Conventionally, commentators and judges break down the clause into a few diferent components, each of which has generated a voluminous body of caselaw and corresponding scholarly inquiry. First, there is the question of takings: How does one know if something has been “taken” …
Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia Gonzalez, Rebecca Epstein
Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia Gonzalez, Rebecca Epstein
Faculty Scholarship
Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in educa- tion practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the em- pirical evidence that has been gathered on school-based restora- tive justice has framed and named RP as a behavioral interven- tion aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is …
Trade Secrets In Biologic Medicine: The Boundary With Patents, Robin Feldman
Trade Secrets In Biologic Medicine: The Boundary With Patents, Robin Feldman
Faculty Scholarship
Can something be both open and secret? That is the conundrum facing society as trade secret rights chafe against patent rights in cutting-edge, biologic medicine. The conflict is unsurprising. Trade secret has emerged as a relatively late bloomer among the family of intellectual property rights and only recently has begun to establish the boundaries of its own space, a process in which it will inevitably knock against other intellectual property doctrines already occupying their own domains. Nor is it surprising that the clash would arise in a fast-moving area of medical science. From insulin products, to cancer treatments, to mRNA …
Public Undersight, Christina Koningisor
Secrecy Creep, Christina Koningisor
Secrecy Creep, Christina Koningisor
Faculty Scholarship
Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on federal secrecy, rarely exploring secrecy in other contexts. This Article addresses this gap. It turns its attention to state and local government secrets, applying the lens of federal secrecy to the subfederal regime. In doing so, it identifies a troubling new development in state and local law: the migration of powerful federal secrecy protections, initially developed to shield the national security state, into the state and local context. I refer to this process as “secrecy creep.” By illuminating the architecture …
The De Facto Reporter's Privilege, Christina Koningisor
The De Facto Reporter's Privilege, Christina Koningisor
Faculty Scholarship
abstract. While the overwhelming majority of states have established constitutional, statu- tory, or common-law protections for reporters who shield the identity of a confidential source, there is no uniform, crosscutting federal reporter’s privilege. As a consequence, reporters subpoe- naed in federal cases often lack effective formal protections. This can have a chilling effect on news- gathering: sources—and reporters—may find little comfort in knowing that a source’s anonymity is preserved only at a judge’s or prosecutor’s discretion or by a reporter’s willingness to go to jail. For decades, both those in favor of a formal federal reporter’s privilege and those opposed …
#Fintok And Financial Regulation, Nikita Aggarwal, D. Bondy Valdovinos Kaye, Christopher K. Odinet
#Fintok And Financial Regulation, Nikita Aggarwal, D. Bondy Valdovinos Kaye, Christopher K. Odinet
Faculty Scholarship
Social media platforms are becoming an increasingly important site for consumer finance. This phenomenon is referred to as “FinTok,” a reference to the “#fintok” hashtag that identifies financial content on TikTok, a popular social media platform. This Essay examines the new methodological possibilities for consumer financial regulation due to FinTok. It argues that FinTok content offers a novel and valuable source of data for identifying emerging fintech trends and associated consumer risks. As such, financial regulators should use FinTok content analysis—and social media content analysis more broadly—as an additional method for the supervision and regulation of consumer financial markets. The …
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O’Neill, Eric Biber, Nicholas Marantz
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O’Neill, Eric Biber, Nicholas Marantz
Faculty Scholarship
California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …
Small Suburbs, Large Lots: How The Scale Of Land-Use Regulation Affects Housing Affordability, Equity, And The Climate, Eric Biber, Giulia Gualco-Nelson, Nicholas Marantz, Moira O’Neill
Small Suburbs, Large Lots: How The Scale Of Land-Use Regulation Affects Housing Affordability, Equity, And The Climate, Eric Biber, Giulia Gualco-Nelson, Nicholas Marantz, Moira O’Neill
Faculty Scholarship
Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Landuse regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating whether greater state involvement in local land-use decision-making is the best path forward. We argue here that there are good reasons to believe that continuing on the current path—with local control of land-use regulation as it is— will lead to persistent underproduction of housing. The benefits of housing production are primarily regional, including improved …
Sustainable Communities Or The Next Urban Renewal?, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber
Sustainable Communities Or The Next Urban Renewal?, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber
Faculty Scholarship
Inadequate housing supply in California’s most expensive metro areas drives a statewide housing crisis that challenges climate policy implementation, fair housing goals, and poverty reduction. Many scholars and policy makers agree that increasing dense infill transit-oriented residential development (TOD) in high-cost metro areas could address this housing crisis while also mitigating the impacts of climate change. But some advocates and scholars liken state policy that promotes TOD to twentieth century urban renewal—contending that state-incentivized TOD disproportionately displaces lower income communities. To explore this issue, and to examine the relative influence of both state law promoting TOD and local law regulating …
Punitive Surveillance, Kate Weisburd
Punitive Surveillance, Kate Weisburd
Faculty Scholarship
Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone tracking, and suspicionless searches of electronic devices—is often touted as a humane substitute for incarceration. This type of monitoring, which I term “punitive surveillance,” allows government officials, law enforcement, and for-profit companies to track, record, search, and analyze the location, biometric data, and other meta-data of thousands of people on probation and parole. With virtually no legal oversight or restraint, punitive surveillance deprives people …