Law Commons^™

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Tennessee Journal of Law and Policy

No abstract provided.

Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Violating The Constitution, Daniel A. Horwitz

Tennessee Journal of Law and Policy

No abstract provided.

Toward More Equal Access To Justice: The Tennessee Experience, Douglas A. Blaze, R. Brad Morgan

Tennessee Journal of Law and Policy

No abstract provided.

The Courts, Congress, And The Bureau Of Prisons: Using The First Step Act As An Impetus For Accountability And Legal Reform Of The Federal Carceral System, Sarah E. Ryan

Journal of Civil Rights and Economic Development

(Excerpt)

On December 18, 2018, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, or First Step Act, became law. The Act reflected decades of social, racial, and economic justice advocacy and years of legislative work. In the five years preceding the Act’s passage, lawmakers built a new case for criminal justice reform.

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From 2018 to today, the First Step Act has galvanized discussions about what comes next in criminal justice reform. Most observers have criticized the limited architecture and implementation of the Act, but some have hailed the Act’s utility during the COVID-19 pandemic and …

Dictionaries Denied: Information Poverty In Michigan Prison Libraries, Nicholas Norton, Meghan Mcgowan

Journal of Civil Rights and Economic Development

(Excerpt)

In June of 2022, the Michigan Department of Corrections (“MDOC”) made national news when NPR reported that non-English language dictionaries were banned in state prisons. The rationale for this policy was specious—with an MDOC spokesperson stating: “If certain prisoners all decided to learn a very obscure language, they would be able to then speak freely in front of staff and others about introducing contraband or assaulting staff or assaulting another prisoner.” For instance, Spanish and Swahili dictionaries were restricted or banned based on safety, even though both languages are spoken by millions of people. Dictionaries and other reference materials …

Referenda To Secure The Rights Of Incarcerated People, Jaclyn Kurin

Journal of Civil Rights and Economic Development

(Excerpt)

In May 2021, Allegheny County became the first jurisdiction in U.S. history to ban solitary confinement at a jail by voter referendum. This article covers the drafting, passing, implementing, and litigating of voter referenda to ban solitary confinement and the use of weapons in correctional facilities in Pennsylvania. The benefits of voter referenda extend beyond recognizing the legal rights of those incarcerated and reducing mistreatment. This article explains how prior community engagement with key issues involving the Allegheny County Jail (“ACJ”) paved the way for the referendum’s success. Specifically, in the year leading up to the Allegheny County referendum, …

Equalizing Disproportionate Death And Punishment In Black And Brown Communities: An Emergency Shutdown On Death, Inequality, And Deliberate Indifference, Angela Dixon

Journal of Civil Rights and Economic Development

(Excerpt)

According to an old saying, “death is the great equalizer.” But is it? It may be in the sense that absent a contravening force, it is an appointment that all must keep. Yet data indicates that all do not die equally. Socioeconomic status (“SES”), which includes levels of occupation, education, income, and wealth, all delay or advance mortality. People of a higher SES outlive, generally, people of a lower SES; moreover, such disparities continue to widen as trends of income inequality intensify.

Perhaps predictably, race, just like class, exacerbates inequities. Black Americans in the United States remain the pivotal …

Don't Be Cruel: Cruelty, Complicity, Self-Knowledge, And Growth, Sherman J. Clark

Journal of Civil Rights and Economic Development

(Excerpt)

The papers in this symposium, and the larger body of scholarship to which this symposium is a contribution, ask us to attend to the often brutal and inhumane conditions in American jails and prisons. But why should we do that? Why should we confront the suffering of the incarcerated? Why should we ask ourselves whether that suffering is unjust, unnecessary, or even unconstitutional? The main reason, of course, is that we want to remedy those injustices. We care about the suffering of our fellow human beings, and people do not cease to be our fellow human beings merely because …

Entire Issue Vol. 15 No. 25

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Entire Issue Vol. 17 No. 29

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Santa Clara, 2024-10-31, Santa Clara University

The Santa Clara

No abstract provided.

Transcript: Structural Racism, The Healthcare System And Health Justice, Ruquaiijah Yearby

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Should Legal Writing Professors Continue To Teach Traditional Legal Citation Rules For Parentheticals Despite The Increased Usage Of (Cleaned Up) Parentheticals?, Donna L. Eng

UF Law Faculty Publications

With the rise of (cleaned up) citations from practitioners and courts, Legal Writing Professors should continue to teach traditional legal citation rules for parentheticals. Teaching traditional legal citations for parentheticals will not only prepare students for the real world of legal writing expected by many courts, but will also help them to avoid ethical pitfalls that may result from the use of (cleaned up) citations. The author also calls for a return to the use of traditional legal citation rules for parentheticals to mitigate any further impacts on the evolution of jurisprudence, and to comply with a lawyer’s ethical duty …

The Politics Of Legal Theory Revisited, Dan Priel

Articles & Book Chapters

Most legal positivists today hold that legal positivism is a morally neutral and the purely scriptive account of the nature of law. This article signs this claim by Brian Leiter’s claim to the contrary. While I welcome the political presuppositions of jurisprudential theories, I show that the association of legal positivism with radicalism is not true. Examining the works of prominent legal positivists, I show that there is no basis for thinking of any of them as a political radical. I also show that many legal positivists were politically conservative. Beyond the Historical Question, I as that argue is no …

Changemaker: Maureen Wagner Vinson: Juris Doctor: Bringing Election Law To Students 10-31-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Transcript: Rethinking Federalism In Health Care, Allison Whelan

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Unshackled: Why Eliminating Health Disparities Requires That Our Criminal Justice System Set Incarcerated Mothers And Their Developing Children Free, Angela Dixon

Journal of Law and Health

Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (“ACES”) or lifelong damage to their physical and mental health. The experiences may be the same for children born already to the mother, as they endure the suffering of parental separation during the mother’s absence. In terms of racial health disparities, such captivity presents at least a triple threat—harm to the health of the mother, harm to the health of the unborn fetus, and harm to the health of children born …

Transcript: Patient Reported Outcome Measures, Dr. Sharona Hoffman

Journal of Law and Health

The following is a transcript from Racial Disparities and Outcomes presented at Cleveland State University College of Law by the Journal of Law and Health on Friday, February 9, 2024. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Countering Workplace Wellness Bias Through Wellness-Legal Partnerships, Barbara J. Zabawa Jd, Mph

Journal of Law and Health

In the current United States economy, wellness is predominantly marketed to society’s privileged individuals, catering to a mostly white and high-income clientele. When marginalized communities encounter wellness services, such as in the workplace, they are faced with an implicitly biased industry. These biases include an emphasis on individual behavior change without considering social determinants of health (SDOH), cultural appropriation of wellness activities for capitalistic gain, use of biased health measures like Body-Mass Index (BMI), and constant images of and expectations of achieving a stereotypical healthy body. The legal community must wake up to these biases and advocate for more equitable …

Medical Consensus On Gender Affirming Care's Critical Impact On Incarcerated Black Transgender Women, John Parsi

Journal of Law and Health

In Kosilek v. Spencer the U.S. Court of Appeals for the First Circuit adopted The World Professional Association of Transgender Health Standards of Care (WPATH SOC) as medical consensus on gender affirming care and held that Michelle Kosilek could access gender affirming care but that she did not meet the criteria for gender affirming surgery. In Gibson v. Collier the U.S. Court of Appeals for the Fifth Circuit with a sparse record and no expert testimony denied Vanessa Lynn Gibson access to gender affirming surgery and incorrectly claimed that Kosilek did not support the WPATH SOC as representing the medical …

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Journal of Law and Health

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

Developing Thick Skin: Pediatric Eczema In Vulnerable Communities And Fda Regulation Of Cosmetic Products, Abayomi Jones Md, Jd

Journal of Law and Health

Eczema is a common yet serious inflammatory skin condition affecting millions of children in the United States. Dark skin and/or African-American ethnicity are risk factors for increased eczema severity, most likely due to systemic racism expressed as lower socioeconomic status, increased environmental toxin exposure, decreased access to adequate medical care, and infrequent implementation of early intervention practices. Skin-directed management of eczema for caregivers is critically important for improving clinical outcomes of children with eczema. Skin-directed management of eczema includes avoidance of allergens and appropriate moisturization of skin, which warrants evaluation of cosmetic products like lotions, creams and oils essential for …

Between The Data Act And The Gdpr: Attributing Responsibility For Data Sharing, Antoni Napieralski

Yearbook of Antitrust and Regulatory Studies

The normative links between the GDPR and the Data Act increase the complexity of attributing responsibility for data sharing under the Data Act. Due to overlaps in the material scope of the GDPR and the Data Act, exercising access rights stipulated by the DA leads to consequences in attributing controllership under the GDPR. Users who are not data subjects, together with third parties receiving the requested data, are likely to become joint controllers. Judicial interpretation of the concept of joint controllership effectively lowered the threshold of becoming a joint controller. In pursuit of the effective protection of the data subject, …

Don’T Be Cruel: Cruelty, Complicity, Self-Knowledge, And Growth, Sherman J. Clark

Articles

The papers in this symposium, and the larger body of scholarship to which this symposium is a contribution, ask us to attend to the often brutal and inhumane conditions in American jails and prisons. But why should we do that? Why should we confront the suffering of the incarcerated? Why should we ask ourselves whether that suffering is unjust, unnecessary, or even unconstitutional? The main reason, of course, is that we want to remedy those injustices. We care about the suffering of our fellow human beings, and people do not cease to be our fellow human beings merely because they …

Selling Its Soul: An Analysis Of A For-Profit Corporation's Religious Freedom And Autonomy In America, Steffen Pelletier

Tennessee Journal of Law and Policy

No abstract provided.

Some More For Samoa: The Case For Citizenship Uniformity, Benjamin S. Morrell

Tennessee Journal of Law and Policy

No abstract provided.

Incorporating The Lonely Star: How Puerto Rico Came To Be Incorporated And Earned A Place In The Sisterhood Of States, Willie Santana

Tennessee Journal of Law and Policy

No abstract provided.

A Christian Vision Of Freedom And Discovery: Neutrality As An Obstacle To Freedom, Karen Jordan

Tennessee Journal of Law and Policy

This article presents the underlying vision for the argument that principles of liberal neutrality pose a genuine obstacle to freedom in democratic society. There is a growing concern that liberty and justice are unattainable in modern democratic societies that are grounded in neutrality, including the United States. Experience has demonstrated significant shortcomings of the modern freedom movements grounded in political theories, which—along with the theory of neutrality—reject the need for core substantive values to guide law and policy. The underlying basis of such theories is a particular modern conception of freedom. But a well-grounded and reasoned alternative vision of human …

Models For Use Of Mediation In E-Discovery, Steven C. Bennett

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.