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A Right To Be Born?: What Dobbs Could Mean For Artificial Reproductive Technologies, Stewart Chang Jan 2025

A Right To Be Born?: What Dobbs Could Mean For Artificial Reproductive Technologies, Stewart Chang

Scholarly Works

No abstract provided.


Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan Jan 2025

Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan

Scholarly Works

Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.

Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …


Unpunishment Purposes, Meredith B. Esser Jan 2025

Unpunishment Purposes, Meredith B. Esser

Scholarly Works

Sentencing scholarship often begins by exploring the traditional purposes of punishment: deterrence, retribution, incapacitation, and rehabilitation. However, little scholarship exists addressing how these four punishment purposes apply in the post sentencing or second-look contexts. Further, abstract theories of sentencing can often seem sterile and disconnected from the realities of how violent, disproportionate, and dehumanizing the actual experience of incarceration is for many people, and tend to downplay the impact of incarceration on the families and communities of those who are incarcerated. This Article attempts to reconceptualize the traditional purposes of punishment to meet the current historical moment, and it does …


Bridging Movement Lawyering & International Human Rights Advocacy, Citlalli Ochoa Jan 2025

Bridging Movement Lawyering & International Human Rights Advocacy, Citlalli Ochoa

Scholarly Works

The human rights field is often criticized for its lack of enforcement and implementation, lawyering methodologies, and its roots in imperialism, exceptionalism, and Eurocentric values. In response to some of these critiques, human rights scholars and advocates have embraced more grassroots approaches that in many instances resemble the movement lawyering methodologies employed in social justice advocacy in the United States. In the same way that movement lawyers have centered impacted communities and engaged in long term, coordinated legal and political advocacy to achieve normative change, human rights advocates have used the international human rights framework to exert political pressure, facilitate …


Guest Editorial: On Politics And Morality, Andrey Kravtsev Jan 2025

Guest Editorial: On Politics And Morality, Andrey Kravtsev

Occasional Papers on Religion in Eastern Europe

No abstract provided.


Interoperable Legal Ai For Access To Justice, Drew Simshaw Jan 2025

Interoperable Legal Ai For Access To Justice, Drew Simshaw

Scholarly Works

The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the U.S. legal system can often inhibit access-to-justice efforts. The resulting inequities undermine fairness for those interacting with courts and jeopardize the legitimacy of the broader legal system. Legal technology driven by artificial intelligence (Al) has been heralded for its potential to combat these challenges on three access-to-justice fronts that are often conceptualized in isolation: a consumer (i.e., self-help) front, a legal-service-provider front, and a court front. Progress on each of these fronts is apparent, …


Structural Originalism: A Second Amendment Case Study, Ian C. Bartrum Jan 2025

Structural Originalism: A Second Amendment Case Study, Ian C. Bartrum

Scholarly Works

“Originalism” is having a national moment, even if it is not entirely clear what the word means. What should we be originalist about? The leading academic approach asks us to parse the communicative content of text ratified in a very different linguistic culture; then construct a modern legal meaning consistent with our semantic speculations. Too often the result enforces policy judgments made in a radically different moral and technological world. This makes very little sense.

In this paper I recommend a more perspicuous and coherent use of constitutional history, which I call “structural originalism.” Rather than saddle ourselves with the …


From Clinic To Court: Feminist Organizing And The Fight For Birth Control In Griswold V. Connecticut, Lynn Q. Lee Jan 2025

From Clinic To Court: Feminist Organizing And The Fight For Birth Control In Griswold V. Connecticut, Lynn Q. Lee

Kaplan Senior Essay Prize for Use of Library Special Collections

In 1961, Planned Parenthood League of Connecticut (PPLC) Director Estelle Griswold and Yale School of Medicine Department of Obstetrics and Gynecology Chair Dr. Charles Lee Buxton were arrested. Charged with opening an illegal birth control clinic in New Haven, the two embarked on a four-year battle to overturn Connecticut’s decades-old anti-birth control law. The resulting Supreme Court case, Griswold v. Connecticut (1965), was the culmination of decades of advocacy, coalition building, and cultural conflict over reproductive rights in one of the nation’s most restrictive states.

Griswold v. Connecticut established the constitutional right to marital privacy, creating the protection needed for …


Argue With Your Ai: Critically Engaging With Copilot, James Day Jan 2025

Argue With Your Ai: Critically Engaging With Copilot, James Day

Publications

By now, you probably have some experience interacting with an AI chatbot. You might even have taken some training courses to learn about “prompt engineering” methods such as CO-STAR (Context, Objective, Style, Tone, Audience, Response)1 and RICCE (Relevance, Intent, Context, Clarity, Examples).2 In taking advantage of generative artificial intelligence, the focus is generally on writing that initial query. For this paper, let’s ignore advanced prompts asking for a complex analysis and consider the case where you’re simply looking for factual information.


Accessibility In The Academic Library: Assessing The Web Accessibility Of Neflin Member Library Websites, Cody Michaels Jan 2025

Accessibility In The Academic Library: Assessing The Web Accessibility Of Neflin Member Library Websites, Cody Michaels

Publications

Web accessibility has been a topic of discussion in organizations for decades. Much ink, physical and digital, has been spilled urging developers, designers, and web administrators to build their online environment so that users of all abilities can access their content. Despite this, web accessibility remains out of reach across swathes of the Internet. The organization WebAIM conducts annual studies reviewing the accessibility of the 1,000,000 most popular websites’ homepages.1 The results for 2025 found that these pages had an average of 51 errors per page. While this represents a decrease from the previous year, there remains much work to …


Integrating Sustainability Into Aviation Training: Perspectives From Industry Professionals, Eva Maleviti, Sarah Talley Jan 2025

Integrating Sustainability Into Aviation Training: Perspectives From Industry Professionals, Eva Maleviti, Sarah Talley

Publications

This paper is part of a broader research project aimed at identifying the most appropriate training materials, formats, and delivery methods for aviation sustainability content for future aviation professionals, starting from the early stages of their training. The current paper presents the data analysis and results of a short online survey targeting aviation professionals. Specifically, it provides preliminary data on sustainability perspectives from global aviation professionals. Through qualitative analysis, the creation of a baseline from a random sample of aviation professionals offers insight into their perspectives and how they could be influenced toward a more sustainable pathway. Additionally, the paper …


A Maintenance Repair And Overhaul Model For Operational Sustainability; Incorporating Processes And Risks., Linn Guinn, Mary M.H. Woody, Eva Maleviti Jan 2025

A Maintenance Repair And Overhaul Model For Operational Sustainability; Incorporating Processes And Risks., Linn Guinn, Mary M.H. Woody, Eva Maleviti

Publications

Maintenance, Repair, and Overhaul (MRO) companies are integral to the aviation industry, with the core responsibility of ensuring aircraft remain safe and airworthy. Their role is critical in maintaining the industry’s high standards of performance and safety. To remain competitive, MROs must provide a wide range of services—including inspections, periodic checks, engine overhauls, avionics repairs, fuselage and cabin modifications, and interior refurbishments— while consistently meeting regulatory and safety requirements. Beyond technical compliance, MROs must adopt a quality-driven, continuous improvement approach to manage risks effectively. This requires the integration of processes, programs, and systems aligned with international standards to strengthen resilience, …


Cultivating Confidence, Leila Halawi, Mark Miller, Sam Holley Jan 2025

Cultivating Confidence, Leila Halawi, Mark Miller, Sam Holley

Publications

Artificial intelligence (AI) is pervasive in scholarly publications, internet sites, and public discourse. AI is a term with broad scope that refers to machines that can learn and perform tasks that typically require human intelligence. The specter of AI intruding into many aspects of aviation has raised alarms, concerns, and prodigious misunderstanding of potential and contemplated applications in systems and processes. The EASA AI Roadmap (EASA, 2023 ), a linear projection with three levels EASA, 2023 extending into 2050, places the human-AI teaming period (through 2035) at Level 2. This suggests a ten-year span to develop the interactive issues to …


Embracing Ai In Higher Education: Redefining Teaching And Learning In The Digital Era, Najem Tala, Leila Halawi Jan 2025

Embracing Ai In Higher Education: Redefining Teaching And Learning In The Digital Era, Najem Tala, Leila Halawi

Publications

This research explores the transformative potential of Artificial Intelligence (AI) in education, focusing on its ability to address emerging challenges and revolutionize teaching practices. We critically assess the current educational landscape, evaluate AI's role as a catalyst for educational reform, and examine implementation challenges. Our analysis emphasizes the evolving impact of AI on personalized learning, student engagement, and administrative efficiency and contributes to the growing body of literature on educational technology. The discussion highlights both the opportunities and limitations of AI in education, pointing to critical areas that remain underexplored.


Masthead Jan 2025

Masthead

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jan 2025

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Enforced Colorblindness, Goldburn P. Maynard Jr. Jan 2025

Enforced Colorblindness, Goldburn P. Maynard Jr.

Washington and Lee Law Review

The time for race consciousness is over, and the era of enforced colorblindness is upon us. The dawn of this new age is troubling because it closes the door on effective strategies to achieve racial justice, including efforts to grant federal reparations. This Article analyzes the areas in which courts have invalidated race-conscious measures, with a particular focus on recent racial equity efforts by the Biden Administration. Rather than treating the loss of race consciousness exclusively as a loss to the movement for equality, this Article argues for a silver-lining approach. While court-led efforts to remedy the effects of slavery …


Booze, Bars, And Bias: Anti-Blackness In Liquor Licensing Enforcement, Angela E. Addae Jan 2025

Booze, Bars, And Bias: Anti-Blackness In Liquor Licensing Enforcement, Angela E. Addae

Washington and Lee Law Review

This Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the punitive disposition toward Black entertainment businesses is not just a contemporary phenomenon; rather, it is a set of practices rooted in centuries of exclusion and regulatory abuse.

Over the past two centuries, state liquor licensing agencies have emerged as contentious battlegrounds where legal, social, and economic factors converge—often to the detriment of …


Political Disinformation In The Anthropocene, Jeffrey Omari Jan 2025

Political Disinformation In The Anthropocene, Jeffrey Omari

Washington and Lee Law Review

The Anthropocene is the name that scientists have given to our current geological epoch, which references the overwhelming influence of human agency on the Earth and its ecological systems. Adopted as a theoretical tool across multiple academic disciplines, social scientists often employ the term to address deep-rooted political and socioeconomic problems and the symptoms of global inequalities and injustices. Meanwhile, legal scholars have employed the term to address the global environmental harms of human agency and to examine how normative frameworks must fundamentally change and adapt to the times ahead. At the same time, recent scholarship also notes that democracies …


Masthead Jan 2025

Masthead

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jan 2025

Table Of Contents

Washington and Lee Law Review

No abstract provided.


Bankruptcy Appeal Barriers, Jonathan M. Seymour Jan 2025

Bankruptcy Appeal Barriers, Jonathan M. Seymour

Washington and Lee Law Review

Appeals in bankruptcy do not look like appeals elsewhere in the federal court system. In particular, bankruptcy appeal barriers are strikingly distinctive. These barriers serve outright to block an appeal from being decided. An appellate court may dismiss an appeal, rather than consider the merits, if facts on the ground have changed so much since the original decision that providing a remedy to an appellant, even if victorious, would not be prudent. Take ongoing litigation in the Boy Scouts bankruptcy case. A plan of reorganization was confirmed fixing the entitlements of victims to compensation. Dissenting creditors argued bitterly the plan …


Can Employers Save Us From Student Loans? Credentialism, Arms Races, And Debt Forgiveness, Tammy Harel Ben Shahar, Omer Kimhi Jan 2025

Can Employers Save Us From Student Loans? Credentialism, Arms Races, And Debt Forgiveness, Tammy Harel Ben Shahar, Omer Kimhi

Washington and Lee Law Review

America is drowning in student loan debt. About 45 million Americans owe the astounding sum of $1.75 trillion in outstanding student debt, and many of them default on their payments. While most agree that something must be done, attempts to alleviate the problem have met political backlash and legal challenges. In June of 2023, the Supreme Court struck down the Biden administration’s comprehensive student loan debt forgiveness plan, and recently the administration initiated the politically contested “Saving on a Valuable Education” plan (“SAVE”). Amidst this political tug of war, this Article aims to offer a critical and nuanced analysis of …


The Resurgence Of Massive Resistance, Danielle Wingfield Jan 2025

The Resurgence Of Massive Resistance, Danielle Wingfield

Washington and Lee Law Review

“Massive Resistance” to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown’s seventieth anniversary, Massive Resistance is again surging. In fact, the last few years have witnessed increasing resistance to publicly funded education. Some areas where anti-public education resistance strategies have manifested include political rhetoric around Critical Race Theory, library censorship, and renewed parental rights debates.

To devise the most effective response to …


The Fiction Of Equitable Distribution: Military Divorce, Disability, And The “Dire Plight” Of The Former Military Spouse, Zoe Speas Jan 2025

The Fiction Of Equitable Distribution: Military Divorce, Disability, And The “Dire Plight” Of The Former Military Spouse, Zoe Speas

Washington and Lee Law Review

Division of retired pay is one of the most emotionally fraught elements of military divorce. For the servicemember, retired pay compensates decades of service to his country. For the civilian spouse, it remunerates the same decades of domestic labor that enabled such service. Federal restrictions on division of military retirement have spawned confusion and litigation for more than thirty years. Today, former spouses remain extremely vulnerable to this unique and “dire plight.”

In civilian divorce, state courts apply state law to fairly distribute marital assets. Military retirement and disability benefits, however, fall within the scope of the Uniformed Services Former …


The “Dire Plight” Contextualized: Comment On “The Fiction Of Equitable Distribution: Military Divorce, Disability, And The ‘Dire Plight’ Of The Former Military Spouse” By Zoe Speas, Catlin Meade Jan 2025

The “Dire Plight” Contextualized: Comment On “The Fiction Of Equitable Distribution: Military Divorce, Disability, And The ‘Dire Plight’ Of The Former Military Spouse” By Zoe Speas, Catlin Meade

Washington and Lee Law Review

For forty years, military spouses have sacrificed their economic security and personal well-being to support their servicemember spouse’s military career, only to be thrust into a “dire plight” if their marriage ends in a community property state. The legislative policy that put them in this untenable position has not served federal interests: the military currently faces a recruiting crisis and military spouses’ economic security has not improved since the USFSPA. It is time for Congress and the DoD to reexamine the incentives and benefits provided to servicemembers and their families. Congress and the Court must end the USFSPA’s groundless, inequitable, …


Unreasonable Searches: Something Of The Past, Samantha Brown Jan 2025

Unreasonable Searches: Something Of The Past, Samantha Brown

Nova Law Review

No abstract provided.


The Crumbley Precedent: When Florida Parents Should Face Involuntary Manslaughter Charges In School Shootings, Sophie Hayman Jan 2025

The Crumbley Precedent: When Florida Parents Should Face Involuntary Manslaughter Charges In School Shootings, Sophie Hayman

Nova Law Review

No abstract provided.


Nebraska Test #2302: Claas Xerion 12.650 Terra Trac, Nebraska Tractor Test Lab Jan 2025

Nebraska Test #2302: Claas Xerion 12.650 Terra Trac, Nebraska Tractor Test Lab

Nebraska Tractor Tests

ABOUT THE TEST REPORT AND USE OF THE DATA The test data contained in this report are a tabulation of the results of a series of tests. Due to the restricted format of these pages, only a limited amount of data and not all of the tractor specifications are included. The full OECD report contains usually about 30 pages of data and specifications. The test data were obtained for each tractor under similar conditions and therefore, provide a means of comparison of performance based on a limited set of reported data. EXPLANATION OF THE TEST PROCEDURES Purpose The purpose of …


Nebraska Test #2300: Claas Xerion 12.590 Terra Trac, Nebraska Tractor Test Lab Jan 2025

Nebraska Test #2300: Claas Xerion 12.590 Terra Trac, Nebraska Tractor Test Lab

Nebraska Tractor Tests

ABOUT THE TEST REPORT AND USE OF THE DATA The test data contained in this report are a tabulation of the results of a series of tests. Due to the restricted format of these pages, only a limited amount of data and not all of the tractor specifications are included. The full OECD report contains usually about 30 pages of data and specifications. The test data were obtained for each tractor under similar conditions and therefore, provide a means of comparison of performance based on a limited set of reported data. EXPLANATION OF THE TEST PROCEDURES Purpose The purpose of …