Digital Commons Network^™

Toward A Tribal Role In Groundwater Management, Alexandra Fay

American Indian Law Journal

This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the move to mediation and the strategic work that brought the water districts to the table. The Article places this monumental case in context: in the history of colonization and tribal-state relations, the present climate crisis, and the State of California’s groundwater management regime. The Article ultimately outlines the present opportunity to reimagine the role of tribes in groundwater management.

Change By Drips And Drabs Or No Change At All: The Coming Undrip Battles In Canadian Courts, Kevin Gray

American Indian Law Journal

The enactment of the United Nations Declaration on the Rights of Indigenous Persons (“UNDRIP”) into Canadian law has long been a goal for Indigenous groups in Canada. Its enactment has been entailed as potentially game changing. Commentators have argued that the incorporation of UNDRIP into Canadian law will produce a wholesale transformation of Canadian law, including providing a veto to Indigenous groups to development on their traditional lands and eliminating the doctrine of discovery. In this paper, I consider various arguments that have been advanced as to how UNDRIP may require changes to Canadian law. I argue, conversely, …

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

An update on American Indian case law from September 2021-October 2022.

Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster

American Indian Law Journal

Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …

Racial Justice And Marijuana, Steven Bender

Faculty Articles

Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society toward true racial justice, measured by material and actual outcomes for systemically subordinated groups. In the same way that criminalization of marijuana was one of the tools for racial control, legalization of marijuana can be a revenue-based tool toward an anti-subordination future of material equality. While recognizing the shortcomings …

Doj Withdraws Healthcare Antitrust Protections, Lance Plunkett Jd, Llm

The New York State Dental Journal

DOJ has withdrawn longstanding antitrust guidance that provided safe harbors for specific conduct in the healthcare marketplace.

The Lawyer: Spring 2023, Seattle University School Of Law

Lawyer

No abstract provided.

A Country Torn Asunder: Deliberations Over The Fate Of Post-Wwii Germany, Ziv R. Y. Carmi

Student Publications

This diplomatic history examines the development of Germany’s post-WWII borders. Beginning in 1941, this thesis traces the myriad of proposals and debates about German territory, focusing particularly on the matter of division and dismemberment. This work focuses on two main topics: Allied proposals and counterproposals for a divided Germany and zones of occupation, and the relationship and interactions between the Big Three leaders and powers, focusing on how East-West tensions affected the diplomatic talks.

Reckoning With “Corporeal And Mental Disabilities”: The Bureaucracy Of Immigrant Disease Management In Early-To-Mid Nineteenth Century America, Vivek K. Rallabandi

Student Publications

This paper explores how the American bureaucratic apparatus during the early-to-mid nineteenth century dealt with immigrants who carried risks of physical and mental illness. Though previous studies have discretely dealt with physical and mental illnesses that immigrants during this period carried, this paper takes an integrated approach, arguing that these two elements should be viewed in conjunction with one another.

The Personality And Psychology Of Chen Zi-Ang, A Fiery, Noble Warrior And Martyr (陳子昂烈士之人格心理), Xiao-Yu Chen

Student Publications

From the perspective of psychology, personality refers to the long-term, significant pattern in which a person perceives themselves while responding to others and the world. In the vast majority of situations, a person’s experiences at and before age twenty-five, in addition to their reactions to these situations, have a significant impact over their personality and psychology. In the vast majority of cases, the significant sources of these experiences are the substantial impacts of familial circumstances and early professional interactions, in addition to their broader social-historical worlds. Chen Zi-Ang the martyr was in the human realm for forty or forty-one years …

"Life Unworthy Of Life" Aktion T4: The First Nazi Genocide, Alexander M. Remington

Student Publications

Though usually viewed as a prelude to the Holocaust, the T4 euthanasia program was a distinct genocide carried out by the Third Reich’s doctors. Allowing themselves to be corrupted by eugenics and Nazi policy, the perpetrators of the Nazi euthanasia killings transformed themselves from healers to murderers. Despite public resistance led by Bishop Clemens von Galen which resulted in the cancellation of the T4 program, Nazi doctors took it upon themselves to continue euthanizing patients until the end of the war, emphasizing the legitimacy that euthanasia had acquired. The history of the T4 program, its perpetrators, and resisters is critical …

Nazi Education In Vienna: The Solidification Of Antisemitism And German Nationalism In The Classroom, Abigail J. Seiple

Student Publications

In contemporary Austrian schools there is an alarming number of students who know little of Austria's involvement in WWII. They see Austria as a victim of Hitler and as a conquered nation. This post-war victimization myth has survived in schools that works to undermine feelings of Austrian responsibility in the days following the Anschluss. However, this victimization myth is threatened by looking at education on the eve of the Anschluss to Nazi policy and Nazi sentiments that had already existed for decades in Austria.

Mental Illness And The Spanish Inquisition: A Tale Of Uncertainty And Suspicion, Alessandro M. Zuccaroli

Student Publications

The Spanish Inquisition prosecuted heresy throughout its lifespan. Occasionally, the question of mental illness confronted inquisitors during proceedings. For example, Bartolomé Sánchez, an impoverished laborer, was arrested and tried by the Spanish Inquisition on three separate occasions and was institutionalized in a mental hospital. In his case, mental illness was likely a reality, yet his inquisitors struggled to determine his mental state despite his outlandish ideology. On the other hand, Miguel de Piedrola, the Soldier-Prophet, was convicted by the Inquisition as a false prophet notwithstanding his employment of the insanity defense. At the center of both cases lay the question …

Song Of The South: The Silence Of A Song, Magdalena E. Fernald

Student Publications

A persuasive essay explaining the history of the film Song of the South and the Uncle Remus stories that its based on, and why the film deserves to be re-released with educational materials.

Individual-Level Responses To Rapid Climate Change In Common Terns (Sterna Hirundo) And Arctic Terns (Sterna Paradisaea), Kaiulani A. Sund

Student Publications

This study examines fine-scale environmental changes and intraspecific variation in the diet and foraging behavior of two seabirds in the Gulf of Maine, one of the fastest-warming regions of the ocean. This variation on the individual level, or behavioral plasticity, may help long-lived species to persist in rapidly changing environments. As the water warms, seabirds’ preferred prey (hake and herring) follow cooler waters deeper and farther offshore. It is unlikely that all individuals respond to changing food availability in the same way. For common terns (Sterna hirundo) and Arctic terns (Sterna paradisaea) breeding on Petit Manan …

Solving Inherited White Matter Disorder Etiologies In The Neurology Clinic: Challenges And Lessons Learned Using Next-Generation Sequencing., Stefanie Perrier, Kether Guerrero, Luan T. Tran, Mackenzie A Michell-Robinson, Geneviève Legault, Bernard Brais, Michel Sylvain, James Dorman, Michelle Demos, Wolfgang Köhler, T Pastinen, Isabelle Thiffault, Geneviève Bernard

Manuscripts, Articles, Book Chapters and Other Papers

Introduction: Rare neurodevelopmental disorders, including inherited white matter disorders or leukodystrophies, often present a diagnostic challenge on a genetic level given the large number of causal genes associated with a range of disease subtypes. This study aims to demonstrate the challenges and lessons learned in the genetic investigations of leukodystrophies through presentation of a series of cases solved using exome or genome sequencing.

Methods: Each of the six patients had a leukodystrophy associated with hypomyelination or delayed myelination on MRI, and inconclusive clinical diagnostic genetic testing results. We performed next generation sequencing (case-based exome or genome sequencing) to further investigate …

Compelling Trade Secret Sharing, David S. Levine, Joshua D. Sarnoff

UC Law Journal

The unprecedented COVID-19 virus has brought to the forefront many challenges associated with exclusive rights in information, data, and know-how, all of which may constitute protected trade secrets. While patents have received more attention, trade secret information has limited the ability to perform research, develop, test, gain regulatory approval for, manufacture, and distribute globally and at sufficient scale and affordable prices the needed vaccines, therapeutics, diagnostics, medical devices, and personal protective equipment. Voluntary licensing efforts have proven inadequate to supply pandemic needs. Thus, compelling the sharing or licensing of trade secrets is needed not only to properly address COVID-19, but …

Science, Creativity, And The Copyright Clause, Ned Snow

UC Law Journal

The Constitution provides Congress the power to enact copyright laws in order “To promote the Progress of Science.” Some statements by the modern Supreme Court may be interpreted to suggest that “the Progress of Science” is synonymous with creativity, and most scholars articulate the purpose of copyright law in terms of encouraging creative expressions. This is troubling, however, because not all creative expressions yield public knowledge; indeed, some yield public harm. For example, false statements of fact that are made to purposefully deceive are highly creative, but those statements inhibit the spread of knowledge and may lead to demonstrably harmful …

Less Is More?: Accountability For White-Collar Offenses Through An Abolitionist Framework, Pedro Gerson

Faculty Scholarship

White-collar crime is underenforced: not enough cases are brought, not many convictions are secured, and when they are, those who were convicted usually benefit from leniency not seen in other kinds of criminal wrongdoing. Calls for accountability center on strengthening the traditional tools of criminal law enforcement to reach actors that have so far eluded criminal liability. These responses, however, risk further entrenching the systems that have led the United States to mass incarceration and its many real and tangible harms. In this Article, I question whether an abolitionist framework is possible for white-collar crime. First, I argue that given …

Gender-Based Religious Persecution, Pooja R. Dadhania

Faculty Scholarship

People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.

The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …

Using A “Bystander Bounty” To Encourage The Reporting Of Workplace Sexual Harassment, Jessica K. Fink

Faculty Scholarship

Sexual harassment has become a fact of the modern workplace – something that society laments and regrets, but that rarely shocks the conscience when it comes to light. In fact, both the least and most surprising aspect about workplace sexual harassment is the number of individuals who are aware of it occurring: For every Harvey Weinstein, Matt Lauer, and Louis CK, there have been countless observers who knew about their depravity and who did nothing to stop their behavior. In this way, one obvious approach for reducing harassment at work seems clearly to involve mobilizing these bystanders – encouraging those …

Contribution Of Adaptive Immunity To Human Copd And Experimental Models Of Emphysema

Faculty, Staff and Students Publications

The pathophysiology of chronic obstructive pulmonary disease (COPD) and the undisputed role of innate immune cells in this condition have dominated the field in the basic research arena for many years. Recently, however, compelling data suggesting that adaptive immune cells may also contribute to the progressive nature of lung destruction associated with COPD in smokers have gained considerable attention. The histopathological changes in the lungs of smokers can be limited to the large or small airways, but alveolar loss leading to emphysema, which occurs in some individuals, remains its most significant and irreversible outcome. Critically, however, the question of why …

A Historical Evaluation Of The Position Of The United States On Genocide Designations: Framing Implications For Xinjiang, Marley Taylor Belanger

Graduate Capstone Projects

This paper evaluates the historical stances of the United States with the international norm against genocide. It further examines how U.S. positions in precedent cases of genocide may help frame the U.S. response to the current crisis in Xinjiang, China. This paper reviews the historical record of the instances when the U.S. government has designated past atrocities to be considered genocides, and identifies patterns of continuity and change in the decision-making process of the U.S. This work then applies the theories of liberalism, constructivism, and realism to interpret the actions of the United States when deciding to recognize genocide formally. …

Through Thin And Thick: Comments, Daniel Markovitz

Connecticut Journal of International Law

No abstract provided.

Through Thin And Thick: Comments - Are Human Rights Universal And How Do We Enforce Them? Through Thick And Thin With An Intellectual Friend And Scholar, Carrie Menkel-Meadow

Connecticut Journal of International Law

No abstract provided.

Strength In Numbers: Group Rights, Exit, Self-Determination, And Recognition, Angel R. Oquendo

Connecticut Journal of International Law

Joint entitlements have bred controversy, recurrently rejection, within the AngloAmerican philosophical, politically scientific universe in unison with its Continental European counterpart. They will occupy the present discussion, steadily structuring it. It will painstakingly parse the Northern Atlantic disputation around them, in correspondence with the conundrums ranging from definitional to practical chalked up to them, cautiously riding to their rescue.

Immersed in their thickness for an interfusion with policy, rights credited to a group, denominated as such, might pretend to legitimacy. On account of their judiciability, they might deserve their denomination. Straightaway, one could dovetail them with any other that likewise …

The Exclusionary Effect Of Multilateral Global Tax Reforms And The Plight Of Developing States, Alexander Ezenagu, Ilias Bantekas

Connecticut Journal of International Law

Countries have come to accept the wide application of international tax rules in both their domestic and international tax affairs. However, where international tax rules fall short of the legitimate expectations of states and fail to provide necessary guidance, impacted states may be compelled to seek other sources of guidance. In this paper, we argue that in the absence and failure of international tax rules to provide adequate guidance and encourage a fair tax system, states should not be prevented from exercising their fiscal sovereignty and submit themselves to new rules and a new sovereign. These observations come in the …

Veiling Laws Throughout Iranian History: The Relationship To Religion, Before And During Islamic Law, Nicolas Garon

Connecticut Journal of International Law

The international community continues to observe the publication and media coverage of human rights concerns in Iran, as manifested through protests and anti-hijab sentiment. The Iranians' call for justice reverberates loudly and is frequently sparked by concerns surrounding the hijab, which has spawned a multitude of human rights issues involving detention, prosecution, and court misconduct, breaching the country's constitution. Iran, a nation whose former state religion was replaced with another during the Sasanian Period due to invasion and concessions, is statistically deficient in religiosity and identity, potentially as a result of this post-colonial conflict.

Today, informal internet bloggers discuss whether …

Euroscepticism And The Fading Dream Of A "Federal" Europe: The Driving Forces Behind The Conflict Between Eu Law And Investment Arbitration?, Emma Iannini

Connecticut Journal of International Law

After nearly eighty years as a key promotor of public international law, European law, and the values of individual human rights, democracy, and the rule of law more generally, why has the Court of Justice of the European Union ("CJEU" or "the Court")-with other European Union ("EU") institutions and Member States-rendered a series of decisions in the last five years dismantling one of the post-World War II public international legal system's crowning achievements in Europe: the system of investor-State investment dispute settlement ("ISDS") before independent arbitral tribunals? This piece argues that the Court, as well as the European Commission's, recent …

Temporal Single-Cell Atlas Of Non-Neuronal Retinal Cells Reveals Dynamic, Coordinated Multicellular Responses To Central Nervous System Injury, Irene E Whitney, Anne Jacobi, Malika Sud, Grace Burgin, Karthik Shekhar, Nicholas M Tran, Chen Wang, Zhigang He, Joshua R Sanes, Aviv Regev

Faculty, Staff and Students Publications

Non-neuronal cells are key to the complex cellular interplay that follows central nervous system insult. To understand this interplay, we generated a single-cell atlas of immune, glial and retinal pigment epithelial cells from adult mouse retina before and at multiple time points after axonal transection. We identified rare subsets in naive retina, including interferon (IFN)-response glia and border-associated macrophages, and delineated injury-induced changes in cell composition, expression programs and interactions. Computational analysis charted a three-phase multicellular inflammatory cascade after injury. In the early phase, retinal macroglia and microglia were reactivated, providing chemotactic signals concurrent with infiltration of CCR2+ monocytes from …