Law Commons^™

Human Reproductive Cloning, Heritable Genome Editing, And The Future Of Novel Reproductive Technologies, Macintosh, Kerry Lynn

Santa Clara High Technology Law Journal

This Article compares human reproductive cloning (HRC) and heritable genome editing (HGE) to identify factors that encourage bans on novel reproductive technologies. HRC drew legislative opposition in part because it involved asexual reproduction and was incorrectly associated with copying. HGE and other technologies that involve sexual reproduction do not have those problematic qualities. HRC also became entangled with research in which human embryos were cloned to be harvested for their stem cells. HGE did not because scientists learned how to create and edit pluripotent stem cells without creating embryos. However, the legal history of HRC predicts that reproductive technologies strongly …

A Promise Without A Remedy: The Supposed Incompatibility Of The Gplv2 And Apache V2 Licenses, Chestek, Pamela S.

Santa Clara High Technology Law Journal

License “incompatibility” in free and open source software licensing means that, when two differently licensed pieces of software are combined, one cannot comply with both licenses at the same time. It is commonly accepted that the GNU General Public License version 2 is incompatible with the Apache License, version 2 because certain provisions of the Apache License would be considered “further restrictions” not permitted by the GPLv2. However, this article will explain why there is no legally cognizable claim for combining the two, either under a copyright infringement theory or a breach of contract theory.

The Next Generation, Jeremiah Chin

Articles

What would the law look like if we let children remake it? Laws govern, classify, and circumscribe children who inherit the law and its consequences. Discourses of power invoke children as rhetorical strategies to gain political favor or obviate a position—yet children are uncritically excluded from participating in the systems that control them. Children are subjected to the laws and objects of legislation, but denied the rights, autonomy, or authority to participate in the making of law and policy. Even the conceptualization of the constitutional rights of children is treated as an assumption, ill-defined and under theorized by traditional legal …

America's Next "Stop Model!": Model Deletion, Jevan Hutson, Ben Winters

Articles

This Essay explores the emergence of model deletion- the compelled destruction or dispossession of certain data, algorithms, models, and associated work products created or shaped by illegal means- as a remedy, right, and requirement for harmful applications of Al and ML systems. Part I examines model deletion's emergence as a consumer protection remedy and its conception as a positive right and regulatory requirement. Part II considers the constellation of federal and state actors, such as federal and state enforcement agencies and legislative bodies, who might seek model deletion to address particular Al and ML harms. Part III underscores the need …

Winter 2024: Amplifying

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Nicole Payette, Elyse Loewen

The Meme Stock Fenzy: Origins And Implications, Dhruv Aggarwal, Albert H. Choi, Yoon-Ho Alex Lee

Articles

In 2021, several publicly traded companies, such as GameStop, Bed Bath & Beyond, and AMC, became “meme stocks,” experiencing a sharp rise in their stock prices through a dramatic influx of retail investors into their shareholder base. Analyses of the meme stock surge and its implications for corporate governance have focused on the idiosyncratic creation of online communities around particular stocks during the COVID-19 pandemic. In this Article, we argue that the emergence of meme stocks is part of longer-running and more structural digital transformations in trading, investing, and governance. On the trading front, the abolition of commissions by major …

Research Access To Social Media Data: Lessons From Clinical Trial Data Sharing, Christopher J. Morten, Gabriel Nicholas, Salomé Vilgoen

Articles

For years, social media companies have sparred with lawmakers over how much independent access to platform data they should provide researchers. Sharing data with researchers allows the public to better understand the risks and harms associated with social media, including areas such as misinformation, child safety, and political polarization. Yet researcher access is controversial. Privacy advocates and companies raise the potential privacy threats of researchers using such data irresponsibly. In addition, social media companies raise concerns over trade secrecy: the data these companies hold and the algorithms powered by that data are secretive sources of competitive advantage. This Article shows …

Rethinking Innovation At Fda, Rachel E. Sachs, Nicholson Price, Patricia J. Zeitler

Articles

In several controversial drug approval decisions in recent years, the Food & Drug Administration (“FDA”) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the Agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the Agency has come to make many innovation-related judgments as part of …

Sins And Omissions: Slavery And The Bill Of Rights, Richard Primus

Articles

According to the conventional story, the Constitutional Convention declined to include a bill of rights in the Constitution because it trusted the enumeration of congressional powers to do the necessary work of limiting the federal government. That conventional story is historically unfounded. It is not supported by contemporary evidence, and it was roundly disbelieved at the time. Although it is not possible to know for certain why (really, for what mix of reasons) the Framers omitted a bill of rights, it seems likely that one major reason was that formulating a bill of rights would have provoked a bitter fight …

Whither Lob?, Reuven S. Avi-Yonah

Articles

On January 1, 2024, the 1979 tax treaty between the United States andHungary was officially terminated.A revised treaty was signed in 2010but was never ratified by the United States, and it is unlikely that it willcome into effect any time soon.This situation is an anomaly because the United States has tax treaties withmost other members of the European Union (EU) and the Organisation forEconomic Co-operation and Development (OECD). Why did the UnitedStates terminate the treaty in July 2022?

Diversity And Inclusion Trainings As A Public Relations Imperative: Addressing The Faragher - Ellerth Test Via Interest-Convergence And Targeted Universalism, Mary Marston

American University Journal of Gender, Social Policy & the Law

This Article argues that courts must adopt a nuanced and culturally sensitive approach when addressing discrimination claims related to culturally and racially significant hairstyles. Specifically, it suggests incorporating immutable characteristics of racial and religious expression as a foundational standard in evaluating such cases. This approach aims to ensure equitable consideration in the adjudication of Title VII sexual harassment claims and Title VII racial discrimination claims.

Queer: Litigating Gender Non-Conformity, Eliot Tracz

American University Journal of Gender, Social Policy & the Law

Section I of this article provides background information on the complexity of gender identity. This section addresses some of the different terminology used by members of the LGBTQ community to describe their gender identity, including the relatively well-known term “nonbinary” and continuing through to the less concrete term “queer.” Section II looks at the history of state action policing queer bodies and identities. It outlines statutes enacted to prevent individuals from hiding their identities and how such laws were used to target queer individuals. Section III discusses the case of Grimm v. Gloucester County School Boardand the two approaches …

The Very Interstate Nature Of The Internet? Establishing Uniform Requirements For Internet Transmissions Within Interstate And Foreign Commerce, Catherine Beal

American University Journal of Gender, Social Policy & the Law

This Comment argues that federal statutes, including the jurisdictional nexus of “transmission in interstate or foreign commerce,” should require evidence that a transmission actually traveled through interstate commerce to establish the required federal nexus. Part II of this article describes what threatening internet speech is, the development of the circuit split, and the statutory criteria at issue. Part III analyzes each side of the split and examines when statutory language permits an assumption of interstate or foreign transmission. Part III also proposes adopting a strict definition of “transmission in interstate and foreign commerce” for Internet-based speech and requiring evidence that …

2024 Sovereignty In Oklahoma Indian Country, Darla Jackson

Other Faculty Publications

No abstract provided.

Exploring Mental Health Stigma Among Law Enforcement Officers, Nicholas David Chestnut

Theses and Dissertations

This applied dissertation investigates the prevalence and impact of mental health stigma among law enforcement officers (LEOs) in the United States. Despite growing awareness of the importance of mental health in the law enforcement community, stigma surrounding mental illness remains a significant barrier to help-seeking behaviors among officers. The study employed a research design that examined attitudes, perceptions, and experiences related to mental health stigma among LEOs.

Through online self-assessment surveys administered via a secure portal, participants provided insights into their attitudes toward mental illness, perceptions of stigma, and willingness to seek help for mental health concerns.

Data analysis revealed …

States, Firms, And Their Legal Fictions: Attributing Identity And Responsibility To Artificial Entities, Melissa (M.J.) Durkee

Scholarship@WashULaw

This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that …

The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman

Scholarship@WashULaw

In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.

With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli

Cardozo Journal of Conflict Resolution

Mediation processes are inherently complex and require flexibility and adaptability. This is especially true for mediation processes involving multiple parties with diverse cultural backgrounds. This paper examines the complexities created by cultural diversity in mediation. The paper highlights a dispute between the local community of Msango, West Africa, and an international mining company. It highlights how linguistic and literacy barriers complicated the process, undermining effective communication and progress. The complication identified at the start of the process necessitated the process design to encompass tools to overcome the barriers identified early on. As the mediation progressed, the mediators continued to uncover …

Christian Domination, Ruth Colker

American University Law Review

It is hard to deny that the United States is a Christian nation despite the First Amendment’s promise that the legislature will not establish a religion. The United States is not a Christian nation merely because of the religious beliefs that many people privately hold. It is a Christian nation, in part, because the courts and legislatures have facilitated that development. Moreover, as this Article will argue, Christian favoritism within the political and legal system has developed in sharp contrast to the treatment of Black people, women, the LGBTQ+ community, and disabled people.

This Article explores the development of Christian …

Editorial Board

FIU Law Review

No abstract provided.

Introduction: Comparative Comparative Law, Jorge L. Esquirol

FIU Law Review

This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …

Granting Rights To Rivers In The Shadow Of Extractivism, Helena Alviar Garcia

FIU Law Review

In Colombia, the Atrato River, situated in the region of Chocó, was granted rights in a 2016 ruling. More than ten other rivers have been granted rights in the following years. This judicial intervention has been influenced by other jurisdictions where rights have been granted to rivers like New Zealand and India. The article situates itself within this trend by providing a more granular, local context. In particular, the goal is to foreground the structural characteristics—specifically the historical, economic, and social centrality of extractivism—within which granting rights to nature takes place. The final objective will be to explore the possibilities …

"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau

FIU Law Review

Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …

Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston

FIU Law Review

This article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic's economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9's limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts' powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, …

Democratic Federalism And The Supreme Court, Keynote Address At The 2023 Ira C. Rothgerber Jr. Conference, Carolyn Shapiro

University of Colorado Law Review

No abstract provided.

Politics Before Pensions: How New Esg Rules Expose Public Pension System Vulnerabilities, Danilo Risteski

University of Colorado Law Review

As some of the largest institutional investors in the United States, public pension funds wield considerable power over investment decisions. A recent trend highlights this extraordinary power: state pension funds have started exploiting their retirees’ pensions to force investment companies to invest in accordance with their respective states’ political priorities. Nowhere is this trend more obvious than in the environmental, social, and governance field. On one hand, states like Maine have passed legislation prohibiting public pension funds from investing in fossil fuels companies. On the other hand, states like Texas have passed laws prohibiting state entities from doing business with …

Adoption As Substitute For Abortion?, Malinda L. Seymore

University of Colorado Law Review

In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, “[s]tates have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously.” Second, “a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement, but it is often embraced by pro-choice advocates as well. This position is supportable …

An Internal And External Contextual Autoethnography Of A Single Mother's Experience As It Intersects With Misogyny, Patriarchy, And Hegemonic Masculinity, Heidi Sampson

Antioch University Dissertations & Theses

This dissertation is a contextual autoethnography of my lived experience with stigmatization, stereotypes, and institutional obstructions as a divorced single mother who previously experienced intimate partner violence and was diagnosed with post-traumatic stress disorder. The purpose of the study is to shed light on the complexity of the single motherhood experience, both internally and externally. From 2009 to 2019, the institutions I accessed for assistance as a single mother and those I interacted with for my children, my job, my health, and even within the church were unnecessarily burdensome financially, physically, and emotionally. This dissertation takes a contextual look at …