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2021

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Full-Text Articles in Law

Pediatric Covid-19 Vaccines: What Parents, Practitioners, And Policy Makers Need To Know, William J. Moss, Lawrence O. Gostin, Jennifer B. Nuzzo Nov 2021

Pediatric Covid-19 Vaccines: What Parents, Practitioners, And Policy Makers Need To Know, William J. Moss, Lawrence O. Gostin, Jennifer B. Nuzzo

Georgetown Law Faculty Publications and Other Works

The US Food and Drug Administration (FDA) granted Emergency Use Authorization for Pfizer-BioNTech’s mRNA COVID-19 vaccine (BNT162b2) for children 5 to 11 years of age on October 29, 2021. The Centers for Disease Control and Prevention recommended use of the vaccine among children in this age group on November 2, 2021. Approximately 28 million children are now eligible for vaccination, with only those younger than 5 years remaining excluded from vaccine eligibility. The benefits of pediatric COVID-19 vaccines are clear. Vaccinations protect children, decrease spread to families and communities, and ensure educational continuity. What do parents, practitioners, and policy makers …


The Tensions Between Healthcare Providers And Patient And Family Advisory Committees (Pfacs): A Comparative Health System Analysis Between England And Ontario, Umair Majid Nov 2021

The Tensions Between Healthcare Providers And Patient And Family Advisory Committees (Pfacs): A Comparative Health System Analysis Between England And Ontario, Umair Majid

Patient Experience Journal

There has been a proliferation of patient engagement (PE) in healthcare activities. However, the concept of “engagement” has existed for decades; the first Patient and Family Advisory Committees (PFACs) in North America were formed in the 1970s. These committees are an important mechanism for involving patients and family and have proliferated across the healthcare sector. However, it is unclear how or why PFACs became the predominant mechanism for PE. The objective of this comparative analysis is to review the historical context and legislative imperatives that have contributed to the proliferation of PFACs in Ontario, Canada and England, United Kingdom.

Experience …


Conflict Of Laws, Geoblocking, And Intellectual Property, Marketa Trimble Nov 2021

Conflict Of Laws, Geoblocking, And Intellectual Property, Marketa Trimble

Media & Informal Publications

Professor Trimble's presentation on geoblocking and intellectual property for IP Colloquium, Indiana University Maurer School of Law (Nov. 4, 2021).


Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu Nov 2021

Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu

Publications and Research

The purpose of this study was to investigate the impact of forensic medical evaluations on grant rates for applicants seeking immigration relief in the United States (U.S.) and to identify significant correlates of grant success. We conducted a retrospective analysis of 2584 cases initiated by Physicians for Human Rights between 2008-2018 that included forensic medical evaluations, and found that 81.6% of applicants for various forms of immigration relief were granted relief, as compared to the national asylum grant rate of 42.4%. Among the study’s cohort, the majority (73.7%) of positive outcomes were grants of asylum. A multivariable regression analysis revealed …


Elements Of Effective Online Instruction In Law, David I. C. Thomson Nov 2021

Elements Of Effective Online Instruction In Law, David I. C. Thomson

Sturm College of Law: Faculty Scholarship

The Covid pandemic has had a significant impact on law school pedagogy, although how much that impact will remain and be a benefit post-pandemic remains to be seen. This article argues that we should leverage what we learned and use it to redesign our courses for a future world of hybrid teaching, so as not to lose what we gained by returning to in-person teaching as if nothing happened to us or our students. It offers suggestions about how to go about doing that—how to capture the benefits of what has been learned about online teaching in the 2020–21 Academic …


Exam Talking And Outlining Tips, Cardozo Law Review Nov 2021

Exam Talking And Outlining Tips, Cardozo Law Review

2021–2022 Flyers

No abstract provided.


Lawyers Behaving Badly: Episode 1 - The Executive Branch, Jacob Burns Center For Ethics In The Practice Of Law Nov 2021

Lawyers Behaving Badly: Episode 1 - The Executive Branch, Jacob Burns Center For Ethics In The Practice Of Law

2021 Event Invitations

On November 4th, the Burns Center will host Cardozo Professor Kate Shaw for a discussion about the special risks that arise when lawyers advising the executive branch provide erroneous advice on matters of constitutional and federal law.

Prompting this program are the revelations that John Eastman - a former law school dean - and Assistant Attorney General Jeffrey Clark advised the White House that the results of the 2020 election could be set aside. What duties did Eastman and Clark owe as a matter of professional responsibility? Who can now respond to Eastman's and Clark's violations of those duties? Are …


Issue Of False Amphetamine Field Test Positives Caused By Sugar: Use Of Baeyer Test As A Secondary Test Solution, Reed A. Knutson, Jennah Duncan, Kara Peightal, Samuel Thomas Nov 2021

Issue Of False Amphetamine Field Test Positives Caused By Sugar: Use Of Baeyer Test As A Secondary Test Solution, Reed A. Knutson, Jennah Duncan, Kara Peightal, Samuel Thomas

Department of Chemistry: Dissertations, Theses, and Student Research

The Marquis reagent is a well-established and widely used chemical presumptive test for 3,4-Methylenedioxymethamphetamine (MDMA) and methamphetamine. It is composed of concentrated sulfuric acid and 40% formaldehyde, which act upon alkaloids causing them to complex into larger molecules. This complexation causes a color change that can be visually interpreted as a positive or negative result. Almost any sugar molecule can be complexed in this way as well, due to their many OH groups. Experimentally it was found that the sugar molecules did complex with one another when the Marquis test was administered. The color produced by this reaction was brownish-red. …


Real Estate Law Association, Cardozo Real Estate Law Association Nov 2021

Real Estate Law Association, Cardozo Real Estate Law Association

2021–2022 Flyers

No abstract provided.


The Thirteenth Amendment And One Hundred And Fifty Years Of Struggle To Criminalize Slavery: A First Amendment Challenge To The Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich Nov 2021

The Thirteenth Amendment And One Hundred And Fifty Years Of Struggle To Criminalize Slavery: A First Amendment Challenge To The Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich

St. Mary's Law Journal

Abstract forthcoming.


Justifying The Supreme Court’S Standards Of Review, R. Randall Kelso Nov 2021

Justifying The Supreme Court’S Standards Of Review, R. Randall Kelso

St. Mary's Law Journal

Abstract forthcoming.


Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii Nov 2021

Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii

St. Mary's Law Journal

Abstract forthcoming.


The Illiberalization Of American Election Law: A Study In Democratic Deconsolidation, James A. Gardner Nov 2021

The Illiberalization Of American Election Law: A Study In Democratic Deconsolidation, James A. Gardner

Journal Articles

For many years, the dominant view among American election law scholars has been that the U.S. Supreme Court’s constitutional jurisprudence of democratic practice got off to a promising start during the mid-twentieth century but has since then slowly deteriorated into incoherence. In light of the United States’ recent turn toward populist authoritarianism, that view needs to be substantially revised. With the benefit of hindsight, it now appears that the Supreme Court has functioned, in its management of the constitutional jurisprudence of democracy, as a vector of infection—a kind of super-spreader of populist authoritarianism.

There is, sadly, nothing unusual these days …


Introducing David Lefkowitz’S Philosophy And International Law, Andreas Follesdal, Steven R. Ratner Nov 2021

Introducing David Lefkowitz’S Philosophy And International Law, Andreas Follesdal, Steven R. Ratner

Reviews

David Lefkowitz’s new book Philosophy and International Law: A Critical Introduction (Cambridge University Press, 2020) comes at a critical time in the conversation between international law scholars and practitioners, on the one hand, and philosophers, whether legal, moral, or political, on the other. Until about fifteen years ago, philosophical inquiry related to the international legal order was generally limited to a few issues within political and moral philosophy, notably distributive justice and just war theory. Since that time, an expansion has taken place in two directions. First, political and moral philosophers are writing about other aspects of the global political …


Breaking Bond: How Ice Uses Bond Money To Fund Detention Centers, Bill Seguin Nov 2021

Breaking Bond: How Ice Uses Bond Money To Fund Detention Centers, Bill Seguin

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The number of noncitizens arriving at the border has skyrocketed as socioeconomic conditions in South and Central America–like the Haitian political crisis, and violence in the Northern triangle–have added to this wave of people arriving at the U.S. border. The rate of detention during encounters at the southwestern U.S. border has increased by more than five times between July 2020 and July 2021. Between Biden’s inauguration day on January 21, 2021 and October 1, 2021, the number of noncitizens detained by ICE or CPB has increased 56% from around 14,000 to over 22,000.

This post was originally published on the …


Drive Logistics, Llc (D.B.A. Kenco Parcel Solutions), Appellee, V. Adagio Teas, Inc., Appellant : Brief Of Appellee, Utah Court Of Appeals Nov 2021

Drive Logistics, Llc (D.B.A. Kenco Parcel Solutions), Appellee, V. Adagio Teas, Inc., Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, JUDGE CHRISTINE S. JOHNSON

Troy L. Booher, Dick J. Baldwin, Taylor P. Webb, Matthew G. Bagley, Attorneys for Appellant Adagio Teas, Inc.

David R. Parkinson, Ronald F. Price, Attorneys for Appellee


Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli Nov 2021

Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli

St. Mary's Law Journal

Abstract forthcoming.


Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver Nov 2021

Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver

ProAcademy

In the article, the author highlights the lack of effective law enforcement in the field of combating transnational financial crimes as an existing problem in this area. This conclusion was made based on an analysis of the views and opinions of representatives of legal science and practitioners in this field, as well as the reporting documents of mutual assessments for compliance with international standards of Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) systems of the participating states of the Financial Action Task Force on Money Laundering (FATF). The author, dividing the ways of improving the effectiveness of the implementation …


On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun Nov 2021

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the courts belong to different power …


Personal Statement Workshop, Cardozo Law Review, Cardozo Moot Court Honor Society Nov 2021

Personal Statement Workshop, Cardozo Law Review, Cardozo Moot Court Honor Society

2021–2022 Flyers

No abstract provided.


Diversity In Tech, Cardozo Startup Society, Cardozo Women In Tech Law Nov 2021

Diversity In Tech, Cardozo Startup Society, Cardozo Women In Tech Law

2021–2022 Flyers

No abstract provided.


November 2021 Events, Cardozo Fame Center Nov 2021

November 2021 Events, Cardozo Fame Center

2021 Event Invitations

Featured Events:

Diversity in Tech

Wednesday, November 3 at 6:00 p.m.

Getting Started in Tech Law: How to Build Your Career

Monday, November 8 at 6:00 p.m.

“Dupe Influencers” and Fraudulent Advertising: Trademark Infringement on Social Media

Thursday, November 11 at 4:30 p.m.


The Abuse Of Migrant Workers By World Cup 2022 Hosts, Qatar: A Case To Be Made For Alternative Dispute Resolution, Leandro Gomes Nov 2021

The Abuse Of Migrant Workers By World Cup 2022 Hosts, Qatar: A Case To Be Made For Alternative Dispute Resolution, Leandro Gomes

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Fédération Internationale de Football Association (“FIFA”) is an international organization that has described itself as a body that exists to develop the game of football for the benefit of the entire world. One of its visionary goals is to develop and deliver sustainable tournaments around the globe. Despite this, more than 6,500 migrant workers from primarily Asian countries—such as India, Pakistan, Nepal, Bangladesh, and Sri Lanka—have died in Qatar since it won the right to host World Cup 2022 ten years ago. While FIFA is not directly responsible for the numerous deaths in Qatar that have resulted from these …


The Right To Abortion Access And Reproductive Healthcare, Cardozo Public Interest Law Student Association, If/When/How: Lawyering For Reproductive Justice Cardozo Chapter, Cardozo Women's Law Initiative, Cardozo Students For Human Rights Nov 2021

The Right To Abortion Access And Reproductive Healthcare, Cardozo Public Interest Law Student Association, If/When/How: Lawyering For Reproductive Justice Cardozo Chapter, Cardozo Women's Law Initiative, Cardozo Students For Human Rights

2021–2022 Flyers

No abstract provided.


A (Very Short) Introduction To The Art Storage Business And The Modern Luxury Freeport, Ned Shefer Nov 2021

A (Very Short) Introduction To The Art Storage Business And The Modern Luxury Freeport, Ned Shefer

Cardozo International & Comparative Law Review (CICLR) Blog

In 2020, the impact of the COVID-19 pandemic on the global art market looked dire: international sales of artwork totaled $50.1 billion for the year, a 22% contraction from 2019, and businesses in the arts sector, like auction houses and commercial galleries, laid off an average of 25% of their staff. However, the actors who primarily power the art market—high-net-worth private individual collectors—managed for the most part to emerge from the turmoil with the value of their collections intact.

This post was originally published on the Cardozo International & Comparative Law Review website on November 3, 2021. The original post …


Tasking The Leviathan: Right To Protest, Good Governance, And Implications For National Security And International Law, Olalekan Moyosore Lalude Nov 2021

Tasking The Leviathan: Right To Protest, Good Governance, And Implications For National Security And International Law, Olalekan Moyosore Lalude

Journal of Sustainable Social Impact

The right to good governance is a right inalienable to the democratic process. Content analysis was used as the data source for this paper. This study would attempt to resolve the questions on the intricate connection between the right to protest and the right to good governance in Nigeria and what this means for national security and international law. In this essay, it was argued that the international law space is shrinking for holding the democratic process accountable in sovereign states. The significance of the essay is to suggest a new direction for the engagement of international law mechanisms on …


The Case Against The Case For Zoning, Michael Lewyn Nov 2021

The Case Against The Case For Zoning, Michael Lewyn

Scholarly Works

Power points used in a presentation on a work in progress, responding to Christopher Serkin's "Case For Zoning" article at 96 Notre Dame L. Rev. 749.


The Washington Post Interviews Vinay Harpalani: The Courts Have Served As An Anti-Democratic Force For Much Of U.S. History, Vinay Harpalani, David A. Love Nov 2021

The Washington Post Interviews Vinay Harpalani: The Courts Have Served As An Anti-Democratic Force For Much Of U.S. History, Vinay Harpalani, David A. Love

Faculty Scholarship

Certainly there are examples in which the high court has upheld the rights of the marginalized and disadvantaged. However, as Vinay Harpalani, associate professor of law at the University of New Mexico, has noted, “even when the U.S. Supreme Court makes rulings that seem to favor people of color, those rulings usually serve the interests of wealthy, elite White Americans.”

Harpalani cited how the Brown decision stemmed in part from Cold War strategy and the need for the United States to appeal to people in African, Asian and Latin American countries. “Racial segregation at home did not bode well …


Preview—Lac Courte Orielles Band Of Lake Superior Chippewa V. Evers: Just How Special Is Indian Law?, Zachary M. Krumm Nov 2021

Preview—Lac Courte Orielles Band Of Lake Superior Chippewa V. Evers: Just How Special Is Indian Law?, Zachary M. Krumm

Public Land & Resources Law Review

The Seventh Circuit Court of Appeals will hear oral arguments on Monday, November 8, 2021, at 9:30 a.m. at Everett McKinley Dirksen Courthouse in Chicago, Illinois. This case asks whether states may assess property taxes on Indian-owned reservation fee lands that were allotted under treaty, not the General Allotment Act. The lower court held that reservation allotments which had at any time been owned by non-tribal-members could be subject to state property tax. Allotments always held by members remained exempt. While this issue is somewhat narrow, it raises broad questions about applying the well-established Indian canons of construction.


Intro To Ip, Cardozo Office Of Career Services, Cardozo Intellectual Property Law Society Nov 2021

Intro To Ip, Cardozo Office Of Career Services, Cardozo Intellectual Property Law Society

2021–2022 Flyers

No abstract provided.