Law Commons^™

The Pandemic Syllabus, Sarah J. Schendel

Suffolk University Law School Faculty Works

A syllabus is a contract, an introduction, a statement of values, a todo list, a plan. It is often the point of first contact between professor and student, or between student and an area of law. Beyond the technological challenges, for many professors Fall 2020 was also the first-time coming up with a camera policy or amending attendance expectations to consider a pandemic. For some, this is also the first time explicitly engaging in antiracist pedagogy in the classroom or considering practices like trauma informed teaching. This essay offers a practical, “nuts and bolts” walkthrough of promising practices for each …

A History Of United States Cannabis Law, David V. Patton

Journal of Law and Health

Perhaps the best way to understand early-Twenty-First Century state and federal cannabis law in the United States is to examine the relevant history. Justice Oliver Wendell Holmes, Jr.’s statement is apropos: "[A] page of history is worth a volume of logic." This article begins by discussing the early history of cannabis and its uses. Next, the article examines the first state and federal marijuana laws. After a brief comparison of alcohol prohibition to cannabis prohibition, this article addresses cannabis laws from the 1920s to the early 1950s. Then, the article takes up the reorganization of the federal drug regulatory bureaucracy …

Hacking Hipaa: "Best Practices" For Avoiding Oversight In The Sale Of Your Identifiable Medical Information, Riyad A. Omar

Journal of Law and Health

In light of the confusion invited by applying the label "de-identified" to information that can be used to identify patients, it is paramount that regulators, compliance professionals, patient advocates and the general public understand the significant differences between the standards applied by HIPAA and those applied by permissive "de-identification guidelines." This Article discusses those differences in detail. The discussion proceeds in four Parts. Part II (HIPAA’s Heartbeat: Why HIPAA Protects Identifiable Patient Information) examines Congress’s motivations for defining individually identifiable health information broadly, which included to stop the harms patients endured prior to 1996 arising from the commercial sale of …

Homeless And Helpless: How The United States Has Failed Those With Severe And Persistent Mental Illness, Ashley Gorfido

Journal of Law and Health

The United States has failed its citizens who suffer from severe and persistent mental illness (SPMI). Homelessness is one of the most obvious manifestations of this failure. The combination of a lack of effective treatment, inadequate entitlement programs such as Social Security Disability Insurance (SSDI), and subpar housing options form systemic barriers that prevent people suffering from mental illness from being able to obtain adequate housing. Cultural beliefs within the United States regarding who is homeless and what homelessness means also play a significant role in the development of positively impactful social welfare programs.

Part II of this Note reviews …

The Public Health Demand For Revoking Non-Medical Exemptions To Compulsory Vaccination Statutes, Emma Tomsick

Journal of Law and Health

In 2019, the United States saw the single largest outbreak of measles in recent history. The measles crisis has prompted state legislative bodies to face a seemingly impossible dilemma: eliminate both religious and philosophical exemptions to mandatory school vaccination statutes or sit by idly and allow measles to continue to run its course. As of June 2019, five states have neither religious nor philosophical exemptions to their mandatory vaccination statutes. This Note argues that states should remove all religious and philosophical exemptions to compulsory vaccination statutes. The 2019 measles outbreak demonstrates that the anti-vaccination movement poses a legitimate risk to …

Should A Physician Apologize For A Medical Mistake? – The Controversy Over The Effectiveness Of Apology Law Statutes, Samuel D. Hodge, Jr.

Cleveland State Law Review

There are two approaches that health care providers can pursue in handling a medical error. Is it better for a physician not to admit a mistake and aggressively defend the claim or apologize and try to amicably resolve the matter? There has been a growing movement for physicians to offer words of sympathy or to apologize for a medical mistake as a way of minimizing the impact of a medical error and reducing the chances of a malpractice claim. There are a number of benefits to this approach but critics maintain that an apology is a useless gesture with an …

Buckeyes Against The Boycott: Why Ohio's Law Opposing Bds Is Protected Under The First Amendment, Hannah Kraus

Cleveland State Law Review

In 2016, Ohio became the fourteenth state to enact legislation denouncing the Boycott, Divestment, and Sanctions movement against Israel. Codified as § 9.76 of the Ohio Revised Code, this legislation prohibits any state agency from contracting with a company that boycotts Israel during the contractual period. While the constitutionality of § 9.76 has not been challenged, anti-BDS statutes passed by other state legislatures have faced First Amendment challenges. This Note argues that § 9.76 of the Ohio Revised Code complies with the First Amendment under the government speech doctrine. In 1991, the Supreme Court applied the government speech doctrine in …

Got Bounded Rationality And Political Gridlock? There's A Loan Disclosure Hack For That, Debra Pogrund Stark, Jessica M. Choplin, Andrew Pizor

Cleveland State Law Review

For decades, Congress has primarily relied upon the use of mandatory disclosure forms to protect consumers from entering into ill-advised loans by disclosing the terms of an offered loan before the borrower enters into it. This policy is not likely to change any time soon due to congressional gridlock. Frustratingly, despite improvements, consumers still have difficulties using these forms to obtain the key information and data they need to make wise decisions. These disclosures contain a great deal of information, and assume that consumers are capable of reading, understanding, and using all of it. Contrary to this assumption, research on …

Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea

Georgetown Law Faculty Publications and Other Works

The US Centers for Disease Control and Prevention (CDC) is the world’s leading public health agency, so admired that whole regions and countries have borrowed its name—in Africa, Europe, even China. In past epidemics, CDC’s expertise was transformative, such as in AIDS, Ebola, Zika, and Influenza H1N1. If there ever were a moment for the CDC to show leadership domestically and globally, it was the COVID-19 pandemic. Yet, the CDC’s stature was diminished—not enhanced—in an administration that not only eschewed science and politically pressured the CDC, but also gave notice of withdrawal from the World Health Organization (WHO), where CDC …

Pedagogy Of The Pandemic: A Case Study Of Emergency Remote Education In A Private Higher Education Institution In Egypt, Rania M Rafik Khalil, Shadia Fahim, Wadouda Badran, Hadia Fakhreldin, Maguid Hassan, Hani Ghali, Attia Attia, Sarah Khalil, Hassan Abdelhamid, Yasmine Abdel Moneim, Omar H. Karam

English Language and Literature

COVID19 caught almost every higher education institution off guard. The pandemic interrupted the teaching and learning process and required immediate implementation of emergency remote learning strategies. Teaching pedagogy turned to new ways of thinking about learning. Consequently, both academic staff and students had to adapt without warning to the challenges of teaching with advanced technology from home which was taking the world by storm. Overcoming this challenge in Egypt has been much easier for private universities in comparison to state universities because of the availability of facilities, funding, smaller cohorts and validation by partner western universities. This paper shares reflections …

How To Make Better Sessions Judges: Appellate Review A Proposal To Reform Tennessee’S General Sessions Courts For The 21st Century, Willie Santana

Lincoln Memorial University Law Review Archive

In the past several years, general sessions judges have made headlines for illegal behavior such as bribery, obstruction of justice and witness tampering, judicial ethics violations, obvious lapses of judgment, and even suspect and unconstitutional behavior. This misconduct from the bench hurts society’s trust in the judiciary, but the damage is not merely academic. Judicial misconduct also does very real and immediately applicable damage to the people directly involved in criminal cases: victims who may never see justice, and those accused of crimes whose very future depends on an impartial administration of justice. That is an unfortunate state of affairs …

A Comparison And Contrast Of The Suspension Of The Writ Of Habeas Corpus By Presidents Abraham Lincoln & George W. Bush, Clayton Barnes

Lincoln Memorial University Law Review Archive

During their presidencies, Abraham Lincoln and George W. Bush both suspended the writ of habeas corpus; while these two situations appear to be similar, the facts surrounding each president’s suspension are vastly different. As I will later discuss in detail, President Lincoln was faced with an imminent rebellion near our nation’s capital that threatened the existence of the United States, had it been successful. On the other hand, President Bush called for the detention of enemy combatants on foreign soil where there was no immediate danger posed to the United States becuase a substantial amount of time had passed since …

Change Of Venue In Covid-19 “Hot Spots”: Can Coronavirus Related Lawsuits Get Fair Trials In Locations Hit Hardest By The Disease?, Marc A. Consalo

Lincoln Memorial University Law Review Archive

As our country struggles with returning to normalcy after the difficulties inflicted by the Coronavirus, throughout the fifty states lawsuits are beginning to be filed that originate, at least in part, with repercussions from the outbreak. With companies just starting to reopen their doors, some experts believe tort lawyers are readying clients to file lawsuits for lost wages and medical costs associated with contracting the disease while in a person’s business. The possibility of wrongful death lawsuits initiating from the cruise ship industry is a valid concern as well, with an April 23, 2020, Miami Herald article finding at least …

Death Sentence: A Compendium Against Assailment, John F. Serafine

Lincoln Memorial University Law Review Archive

Getting people to kill themselves is the oldest trick in the book. There ought to be a constitutional law against it. This Article proposes one.“Assailment” means asking, telling, or tempting a person under the age of eighteen to attempt or complete suicide. It also includes extorting or blackmailing a child into suicidal behavior. Such a law is necessary because of the skyrocketing rate of youth suicide. Death Sentence: A Compendium Against Assailment encourages lawmakers to enact an assailment statute. It further tells the stories of 41 completed youth suicides, 15 attempts, and 8 cases of suicidal ideation. The rigors of …

As Winding As The Serpentine Wall: Tennessee's Adoption Statute Under Lemon, Thomas Rader

Lincoln Memorial University Law Review Archive

This comment argues that Tenn. Code Ann. 36-1-147 is unconstitutional under both the Tennessee and U.S. Constitutions by demonstrating that the test outlined in Lemon v. Kurzman is appropriate for legislation of this kind, as it is a statute regulating a secular activity in which religious institutions participate. The Comment continues by diving into the legislative history of 36-1-147 before faithfully applying the Lemon test to the statute at hand.

Lions And Tigers And Bears, Oh My!: The Necessity For Uniform Regulations And Training Of Assistance Animals To Curtail Discriminatory And Fraudulent Behaviors Regarding Such Animals, Robert Maines

Lincoln Memorial University Law Review Archive

With the proliferation of service and emotional support animals fulfilling multiple forms of assistance or comfort, “considerable confusion over the meaning of individual terms used to designate the function and role of service animals, assistance animals, therapy animals, and emotional support animals” is understandable. This is further exacerbated by the terms used by differing agencies, organizations, and innumerable statutes that are meant to ensure the right and privilege of the use of these animals. It is no wonder that public perception would be affected. The affectation of public perception is most evident in the determination of the service animal over …

Resolving The Overlooked Tragedy In Correctional Facilities: Medication Assisted Treatment Access For Inmates, Shianne M. Bowlin

Lincoln Memorial University Law Review Archive

Despite the protections laid out in the Eighth Amendment, Americans with Disabilities Act (ADA), and American Bar Association (ABA) Standards, individuals with opioid use disorder (OUD) who require medication assisted treatment (MAT) while incarcerated continue to be stripped of their right to proper medical treatment. While there is existing scholarship on whether access to MAT violates the Eighth Amendment, this scholarship is relying on one court case that relies on misinterpretation of the Food and Drug Administration regulations. There is scant scholarship addressing access to medication assisted treatment in correctional facilities under the ADA. This article demonstrates the clear discriminatory …

The Long-Term Gender And Race Issues In Long-Term Care, Brendan Williams

Lincoln Memorial University Law Review Archive

Women outlive men, and, as a consequence, comprise the majority of residents in both the home health and nursing home long-term care settings. Their caregivers are also overwhelmingly-women -- 92% of nursing assistants in nursing homes, for example. And those caregivers are largely non-white. Long-term care has long been regarded as "women's work," beginning with its slavery antecedents in the home setting. This article explores the connection between the devaluing of long-term care, which is largely state-funded through Medicaid, and the gender and race dynamics of long-term care.

Going For The Green: Social Equity In The Recreational Cannabis Industry, Benjamin P. Sheppard

Lincoln Memorial University Law Review Archive

In the Summer of 2020 Americans marched in the streets to protest police brutality and the killing of George Floyd. Some activists point out that the disparate enforcement of the war on drugs frequently makes minorities a frequent target for police brutality. After decades of total war, the war on drugs is showing signs of drawing down as 11 states have legalized recreational cannabis. Nonetheless, as states legalize recreational cannabis rich white entrepreneurs enjoy a greater share of legalization’s economic benefits. Seeking to remedy this problem, six states have enacted cannabis social equity laws that encourage the participation of individuals …

Index Of Documents Related To Fr. Vincent A. Lipinski, Hall & Monagle, Llc

Records related to Fr. Vincent A. Lipinski

No abstract provided.

Overcoming Political Polarization: Federal Funding Of Education Is The Key, Reuven S. Avi-Yonah

Law & Economics Working Papers

The best way of overcoming political polarization in the US (the last two elections were both decided by fewer than 100,000 votes in WI, MI, PA (2016) and WI, AZ, GA (2020)) is to reduce disparities in education. But how can we do that?

The basic problem arises from the US system of funding K-12 education from property taxes. While the picture above refers to college education, it is K-12 education that determines both college admissions and college readiness.

Thus, the only viable solution is a federal solution. As President Nixon proposed in 1972, the United States should adopt an …

Overcoming Political Polarization: Federal Funding Of Education Is The Key, Reuven S. Avi-Yonah

Law & Economics Working Papers

The best way of overcoming political polarization in the US (the last two elections were both decided by fewer than 100,000 votes in WI, MI, PA (2016) and WI, AZ, GA (2020)) is to reduce disparities in education. But how can we do that? The basic problem arises from the US system of funding K-12 education from property taxes. While the picture above refers to college education, it is K-12 education that determines both college admissions and college readiness. Thus, the only viable solution is a federal solution. As President Nixon proposed in 1972, the United States should adopt an …

White Parents Searching For White Public Schools, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

The New White Flight makes two significant contributions to our understanding of race and education. First, it argues that white parents chose to send their children to segregated, disproportionately white schools. This choice is reflected in white residential preferences for areas where "pricing-out mechanisms" ensure that the local school is disproportionately white. (P. 254.) This racially-motivated choice holds "even when school quality is controlled for, meaning that whites tend to choose predominately white schools even when presented with the choice of a more integrated school that is of good academic quality." (P. 236.) Second, it shows how charter schools give …

Domestic Violence In Criminal Courts: The Larger Implications For Victims, Jason Johnson

Bridges: An Undergraduate Journal of Contemporary Connections

Academics have considered the treatment of domestic violence in Canada inadequate (Bell, Perez, Goodman, & Dutton, 2011) and “…an indicator of society's inattentiveness to violence against women…” (Garner & Maxwell, 2009, p. 44). Van Wormer (2009) further notes that there is still “…widespread dissatisfaction by battered women … and their advocates with the current system…” (p. 107). While much of the literature focuses on early aspects of the criminal justice system (police action, decision to prosecute, for e.g.), few authors have sought to understand victims opinions about the trial process (Hare, 2010; Smith, 2001). This paper conducts a literature review …

With Biden’S Win, America, Thankfully, ‘Ain’T What We Was’, F. Michael Higginbotham

All Faculty Scholarship

No abstract provided.

To What Extent Pakistani Citizens Are Enjoying The Right Of Access To Information? An Exploratory Study, Ammara Yousaf, Khalid Mahmood

Library Philosophy and Practice (e-journal)

The purpose of this study was to explore and explain the provision of the right of access to information (RAI), a remarkable development particularly in the field of human rights and information management in Pakistan. This study has two objectives: (1) to track the practice and propensity of public information officers (PIOs) in providing information under the Punjab Transparency and Right to Information Act, 2013; (2) to examine the perceptions of information seekers in retrieving the information under the Punjab Transparency and Right to Information Act, 2013 (PTRIA, 2013). A mixed-method, sequential design with a parallel database variant was used …

Cardozo Law News Brief: November 24, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Michelle Greenberg Kobrin
• Michael Herz
• Barbara Kolsun
• Anthony Sebok

Campus News:

• Cardozo Students Compete Virtually in Annual Paulsen Competition
• Students Reflect on At-Home Learning During the Pandemic

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Comparison Of The Testamentary Forms Between The Upc And The Chinese Civil Code, Jiang Zhu

Cardozo International & Comparative Law Review (CICLR) Blog

On May 28, 2020, the Civil Code of People’s Republic of China (hereinafter referred to as the “Chinese Civil Code”), one of the most important laws in the Chinese legal system, was passed by the Chinese National Congress and will become effective on the very first day of 2021.

This post was originally published on the Cardozo International & Comparative Law Review website on November 24, 2020. The original post can be accessed via the Archived Link button above.

The Double-Edged Sword Of Medical Patents: How Monopolies On Healthcare Products Disparately Impact Certain American Populations, Sarah Mcgraw

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.