Law Commons^™

Indo-Pacific Conflicts Will Be Reimagined In Outer Space Exploration, Michael Incorvaia

Seattle Journal of Technology, Environmental & Innovation Law

This article will focus on the effects of international treaties and how they can be utilized to govern the future of outer space exploration. The discussion will include evaluating how modern changes in technology have created a need for updated outer space-specific treaties to ensure that outer space does not become a contentious zone between countries. This article will begin by exploring the developments in outer space that have created a new space race. Then, it will discuss the Indo-Pacific conflict and why the current multilateral treaty strategy that is used in the region will not be effective in outer …

Leaving Doesn't Mean Living: Analyzing The Case Of Angela Vaughn, Criminalized Survivors Of Gender-Based Violence, And International Human Rights Law, Ellie Williams

Georgia Journal of International & Comparative Law

No abstract provided.

Not Our Cup Of Tea: Why The Sec Must Regulate Spacs Differently Than The United Kingdom, Archie Wilson Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Repairing The American Education System Through Labor Reform: How German And French Works Councils Can Provide A Framework For Empowering Teacher's Unions, Jacob Koch

Georgia Journal of International & Comparative Law

No abstract provided.

What We Talk About When We Talk About Killer Robots: The Prospects Of An Autonomous Weapons Treaty, Collin Douglas

Georgia Journal of International & Comparative Law

No abstract provided.

Assemblies Of Parties To Multilateral Treaties And Their Normative Authority, Ilias Bantekas

Georgia Journal of International & Comparative Law

Assemblies of states parties to multilateral treaties are of a twofold nature: those that are active, entrepreneurial, and rally both the political and financial dimensions as well as the stakeholders of their underlying constitutive instrument and those that are content to merely serve as meeting mechanisms. Several assemblies have undertaken extensive funding campaigns, without which their mandate could not have been achieved. In turn, these progressive assemblies have made significant inroads in respect to transnational contracting and forging their limited international personality in such a way as to become credible entities in international relations. This model should be replicated in …

Jurisdictional Rule "X" In The Conflict Of Laws: Challenges Of Policy And Security In Internet Torts With Business Implications, Pontian Okoli

Georgia Journal of International & Comparative Law

No abstract provided.

One Image, One Thousand Words? Discussing The Outer Limits Of Resorting To Visual Digital Evidence In Cases Involving International Crimes, Solon Solomon

Georgia Journal of International & Comparative Law

Visual digital evidence plays a cardinal role in international law, particularly when it comes to international criminal law and the documentation of international crimes. This Article argues that resorting to visual digital evidence in cases involving international crimes should take place with cognizance of the prejudicial bias that such pieces of evidence can exert. In that sense, echoing the general impact of digital evidence on international criminal law, as stressed in the Berkeley Protocol on Digital Open Source Investigations as well as the Leiden Guidelines on the Use of Digitally Derived Evidence, this Article discusses why international courts as well …

Constitutional Human Duties, Dr. Alona Hagay Frey

Georgia Journal of International & Comparative Law

Constitutional human duties are simultaneously present and absent. Though many human duties are set forth in many constitutions throughout the entire world, modern scholarship has almost entirely excluded them from legal conceptualization. Liberalism shifted the spotlight to the individual, as an autonomous independent unit, while abandoning society. Furthermore, there is a tendency to frame constitutional human duties as “constitutional interests.” This Article suggests an innovative comparative analysis of constitutional human duties. Founded on that analysis, this Article develops a novel typology through which the characteristics of constitutional human duties are examined. The implications of various constitutional duties are explored in …

Toc, Masthead, And Dedication

Georgia Journal of International & Comparative Law

No abstract provided.

Cardozo Law News Brief: May 5, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Mauricio Noroña
• Jacob Noti-Victor
• Young Ran (Christine) Kim
• Anthony Sebok
• Deborah Pearlstein
• Jessica Roth

Campus News:

• Gothamist and WNYC Cover Work of Professor Mauricio Noroña and Immigration Clinic Students to Bring NY Man Deported 20 Years Ago Back to U.S.

Events:

• Class of 2023 Commencement

Senior Day 2023, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 5, 2023 University of Michigan Law School Senior Day.

Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Why Are Post-Conflict Countries More Inequitable?, Claire Cole

Belmont University Research Symposium (BURS)

Why is there continuing socio-economic inequity in post-conflict countries? Post-conflict governments are too weak to prosper and function cleanly, resorting to making deals with and allowing multinational corporations inside its system, resulting in governmental capture. Multinational corporations contribute to the disparity of wealth in post-conflict zones, often ignoring the community and partnering with the government. There is a question of whether Western and European countries actually have a humanitarian interest or self-interest in post-conflict countries. This research includes a comparative study that aims to show how foreign investment shifts during conflict, where each country scores on transparency and corruption; where …

Rojas Reflects On Law School During A Pandemic, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.

How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Aclu V. Clearview Ai, Inc.,, Isra Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Texas’ War On Social Media: Censorship Or False Flag, Leni Morales

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Masthead, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

State Constitutional Law: The Future Of Abortion Rights?, Gabriella Wittbrod

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 33 (2023), Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Birth Empowerment: Integrating Doula Services Into Our Healthcare System, Rebecca Singer-Miller

Health Matrix: The Journal of Law-Medicine

This law review article explores the role of doulas in improving maternal and infant outcomes and the challenges of integrating doula services into our healthcare system. Part I provides an overview of maternal and infant mortality rates in the United States, highlighting the disparities faced by women of color and low-income women. Part II discusses the benefits of doula services, including reduced rates of cesarean delivery, preterm birth, and other complications. Part III reviews current coverage of doula services in various states, both in the public and private sector. Part IV critiques the current regulatory scheme for doula services and …

A Thousand Views Of The Cathedral: The Law, Politics, And Statistics Of Pandemic Dashboards, Jeff Lingwall, Tj Bliss

Health Matrix: The Journal of Law-Medicine

This Article explores the law, politics, and statistics of communicating data through the thousands of state, county, school district, and higher-education dashboards created in response to the COVID-19 global pandemic. Using a nationally distributed questionnaire and series of interviews with dashboard managers and stakeholders, we offer a wide-ranging view of data visualization practice in response to COVID-19. We pair this evidence with a survey of almost 3,000 entities responsible for public health communication, which resulted in collection of over 1,100 COVID-19 dashboards from a spectrum of government actors and private parties. We evaluate how legal issues were perceived and acted …

Eula, Or Eulogy? Reckoning End User License Agreements And Near-Future Cyborgs, Owen Carpenter

Health Matrix: The Journal of Law-Medicine

Integrated biotechnology is a quickly-approaching future legal issue that will blur the line between technology and person. The technology will likely run through some kind of software, and users of the technology will likely need to agree to some type of licensing agreement to use the software. End User License Agreements (“EULAs”) as they exist today have terms and clauses that will be problematic when applied to an implanted artificial heart, a replacement for the human eye that enhances vision, or other types of integrated technology. Current FDA regulation and EULAs are insufficient to deal with the problems that technology …

Limits On Biomedical Research: Whether, Why, And How, Christine Grady

Health Matrix: The Journal of Law-Medicine

This article examines the limitations of laws and regulations in regulating biomedical research. While laws and regulations can serve as guardrails to limit certain research studies, they are often blunt instruments that struggle to keep up with the rapid pace of scientific progress. Moreover, laws in one jurisdiction may not be binding on others, making it difficult to regulate the global scientific community. The article argues that regulatory parsimony should be exercised, imposing regulations only where they work and not where they are unhelpful. The article also explores the ethical considerations surrounding biomedical research and its impact on society, including …

Splitting Deceased Donor Livers To Double The Transplant Benefits: Addressing The Legal, Ethical, And Practical Challenges, Evelyn M. Tenenbaum, Jed Adam Gross

Health Matrix: The Journal of Law-Medicine

Liver transplantation is different from transplanting other solid organs because some recipients can achieve good long-term outcomes with only half of a donor’s liver (or less). This means that some deceased donor livers can be split, saving two lives instead of one. However, although more than 10 percent of cadaveric livers meet the criteria for splitting, only about 1.5 percent are actually split in the United States. This article identifies a set of ethical, legal, and logistical challenges to a more extensive use of split liver transplantation (SLT) within existing legal frameworks. We then discuss how each of these challenges …

From Roe V. Wade To Dobbs V. Jackson – Between Women’S Rights Discourse And Obligations Discourse, Pnina Lifshitz-Aviram, Yehezkel Margalit

Health Matrix: The Journal of Law-Medicine

Recently, the U.S. Supreme Court published its decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark abortion case, Roe v. Wade. In 1973, two groundbreaking abortion decisions were handed down by the same Court – Roe v. Wade and Doe v. Bolton – recognizing a woman’s fundamental constitutional right to obtain an abortion until fetal viability. The ensuring nationwide judiciary recognition of women’s basic rights was abruptly shaken by the Dobbs v. Jackson’s ruling that “the Constitution does not confer a right to abortion.” Dobbs’ reversal of these prior cases has created a legal, political, and public upheaval. …

The Three C’S – The Colon, Colonoscopies, And Cancer: A Medical And Legal Overview, Samuel D. Hodge, Calina Noah

Health Matrix: The Journal of Law-Medicine

This article explores the legal implications of colorectal cancer diagnosis and treatment. The article provides an overview of the medical aspects of colorectal cancer, including its symptoms, stages, and available tests for detecting it. It then delves into the legal issues surrounding colonoscopies, including informed consent, medical malpractice claims, and insurance coverage. The article also examines the role of medical documentation in litigation related to colorectal cancer diagnosis and treatment. Finally, it discusses recent legal developments related to colorectal cancer screening guidelines and their impact on healthcare providers and patients. Overall, this law review article provides a comprehensive analysis of …

Opioid Lawsuits: Is There Any End In Sight?, Richard C. Ausness

Health Matrix: The Journal of Law-Medicine

The opioid epidemic has led to a surge in litigation against opioid manufacturers, distributors, and retail pharmacy chains. This article provides a comprehensive overview of the legal landscape surrounding opioid lawsuits. It discusses the chemical nature of opioids, marketing practices of Purdue Pharma and others, and the largely unsuccessful personal injury cases brought against Purdue by private individuals prior to 2014. The article also examines the public nuisance doctrine—the most popular liability theory invoked by government plaintiffs—and analyzes three of the most important litigation pathways: (1) suits by individual government entities, usually states; (2) multidistrict litigation (MDL); and (3) bankruptcy …