Law Commons^™

Compounding Inequities Through Drug Ip And Unfair Competition, Shweta Kumar

IPIPC Papers & Reports

In 2024, the United States experienced its worst drug shortage in over a decade—more than 300 drugs are in shortage, leaving patients without access to lifesaving medicines. Luckily, drug manufacturers are not the only source of drugs. Through drug compounding, licensed pharmacists can create medications that are not commercially available due to discontinuations, shortages, or other supply chain issues. The recent slew of severe drug shortages has forced patients and physicians to rely on compounding pharmacies to make critical drugs for patients—particularly vulnerable patient populations, including pediatric, disabled, and transgender patients—such as mixed amphetamine salts (sold as Adderall), semaglutide (sold …

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …

Finding A “Rational Relation”: Balancing Whistleblower Incentives And Doj Discretion Under The False Claims Act, Denisa Zobeideh

DePaul Law Review

No abstract provided.

Taking The “Forever” Out Of “Forever Chemicals”: How The Epa’S Proposed Rule To Label Two Additional Pfas Chemicals As “Hazardous Substances” Under Cercla Will Increase The Success Of Plaintiffs, Rachel K. Strieber

DePaul Law Review

No abstract provided.

Compensability Of Law Enforcement Officers’ Suicide Under The Illinois Workers’ Compensation Act, Peter J. Nickell

DePaul Law Review

No abstract provided.

Hate Speech, Insurrections, And Fake News: “No Problems Here,” Says The Fifth Circuit: A Split On Free Speech And Content Moderation, Hailey Limbrick

DePaul Law Review

No abstract provided.

To Say Or Not To Say: Proposed Admissibility Standards For Secret Workplace Recordings By Employees, Marc Chase Mcallister

DePaul Law Review

No abstract provided.

New York Times V. Sullivan At 60: Where Does Defamation Law Go Now?, John Bruce Lewis, Bruce L. Ottley

DePaul Law Review

No abstract provided.

Letter From The Editor, Matthew T. Messina

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

Reno-Sparks Indian Colony V. Haaland, William N. Rose

Public Land & Resources Law Review

Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …

State Of Utah Plaintiff/ Appellee V. Gregory Joseph Cover Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Third Judicial District, Silver Summit, Summit County

Marian Decker, Attorney for Appellee

Nicolas C. Wilde, Attorney for Appellant

State Antitrust Enforcement: Politics Or Economics?, Nickolas Remish

Departmental Honors & Graduate Capstone Projects

Antitrust enforcement on the federal level has clear partisan influences; Democrats usually support expansive enforcement regimes while Republicans oppose them. On the state level, the ideological divide appears muddled. State attorneys general, who are mostly elected officials, are responsible for initiating lawsuits. This study seeks to determine whether state attorneys general mirror their federal counterpart in enforcing antitrust law on a partisan basis or whether unique state variables such as economic factors overwhelm ideological motivations. Public choice theory dictates politicians prioritize re-election and will adhere to constituent interest, thus providing the theoretical foundation for why politicians may tailor antitrust enforcement …

2l Rob Cook Awarded Peggy Browning Fund Fellowship, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Congratulations to Cardozo Law 2L Rob Cook on being awarded a Peggy Browning Fund fellowship in workplace justice advocacy. Securing a Peggy Browning Fellowship is challenging, with over 3,950 applications for the 2024 program.

Community Leadership For Healthy Lakes In New York, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This is the text of a speech given at the 2024 New York State Federation of Lake Associations annual conference on May 3, 2024 in Lake George, New York.

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Departmental Honors & Graduate Capstone Projects

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …

Law School News: Rwu Law Students Go Above And Beyond With Pro Bono 5-3-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Keynote Address Delivered At The Mediation Seminar, Ishrat Husain Dr.

Faculty Research - Talks, Speeches, & Discourse

One of the pillars of good governance is the rule of law and administration of Justice. The main plank of market economy is property rights and enforcement of contracts. Among several determinants of Foreign Direct Investment and International Trade flows the mechanisms by which disputes are resolved among the contracting parties features prominently. Inclusive development in which the majority of the population shares the benefits also requires Financial inclusion i.e access to capital. I would like to begin with Article 37 (d) of the constitution i.e provide inexpensive and expeditious justice. This in turn implies Affordability and Access. The world …

Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington

Honors Theses

Since 2021, student-athletes have been reaping financial benefits of the commercialized use of their name, image, and likenesses (NIL). In addition to engaging in direct endorsement contracts with third party businesses, student-athletes are likewise working with NIL collectives to secure novel forms of funding opportunities. In this thesis, the current system of Name, Image, and Likeness (NIL) utilized in collegiate athletics will be examined. While NIL can be a beneficial source of income and exposure to student athletes across the country, the set of rules, or lack thereof, in effect is not substantial enough to maintain a safe and healthy …

25 (2024) Masthead

San Diego International Law Journal

No abstract provided.

Has Russia Killed Article 2(4)? Evaluating The Effectiveness Of The Prohibition Of The Use Of Force In The Conduct Of International Affairs, Dr. Graham Melling

San Diego International Law Journal

The February 24, 2022 invasion of Ukraine by Russia represents an unambiguous breach of the United Nations Charter´s prohibition of the use of force. The significance of the prohibition of the use of force between States cannot be overstated and is recognised in practice and legal doctrine as being “one of the core values of the international community”. However, argument has been made that the United Nations Charter´s rules prohibiting the use of force are no longer relevant to the conduct of international affairs, especially involving major powers. It could be argued that by their conduct States have repudiated the …

Is Organized Gambling A Threat To The Integrity Of Transnational Individual Sport Competitions?, Ilias Bantekas

San Diego International Law Journal

Match-fixing is egregious at the mid and lower tiers of professional and semi-professional individual sports, particularly, if not exclusively, where the relevant governing body allows real time gambling of matches and tournaments at these lower tiers. Evidence demonstrates that in sports such as tennis and badminton, the bulk of the prize money is distributed to a small minority of athletes at the top tier and instances of match-fixing there are rare as a result. There are, however, many thousands of athletes at the lower tiers that are unable to make ends meet and whose expenses far outweigh any meagre prize …

Equity And Sustainable Development Under Climate Regime Of Bangladesh, Mahatab Uddin

San Diego International Law Journal

Equity and Sustainable Development are two important guiding principles of the international climate regime formed under the umbrella of the United Nations Framework Convention on Climate Change (UNFCCC) 1992. All international legal instruments concluded under the climate regime, including the recently adopted Paris Agreement, have acknowledged these two principles as their guiding principles. Consequently, all countries or parties to the UNFCCC and Paris Agreement require integrating these two principles with their national level climate change related laws and policies. Bangladesh, as a party to the UNFCCC and all other subsequent instruments including the Paris Agreement, is also required to incorporate …

Outsmarting Smart Devices: Preparing For Ai Liability Risks And Regulations, Kathryn Bosman Cote

San Diego International Law Journal

As AI technology continues to advance rapidly, establishing a new model for AI regulation will be crucial to protect both companies and consumers. The U.S. must consider consumer safety as well as innovation-conducive policies when assigning liability to AI. By using EU regulatory guidance as a starting point, this paper argues that a multi-tiered liability scheme coupled with a Uniform AI ethical framework and the creation of an independent AI regulatory agency would aid the U.S. in striking the right balance to effectively combat the risks posed by AI and IoT.

Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby

San Diego International Law Journal

The urgency of the climate challenge requires that we address it in every way we can. Yet, current domestic regulations are insufficient to rise to the occasion, and there appears to be no plan geared toward harnessing the power of collective consumer action to supplement government efforts and push industries in the private sector to engage in greener practices. A majority of developed nations have mixed market-driven economies, and in such economies, consumers have immense power to drive change. Paris Agreement nations with mixed market-driven economies should incorporate a strategic plan in their next NDCs that “represent[s] a progression” beyond …

Free Speech Censorship In The Philippines: The Push To Decriminalize Libel, Carter Cordura

San Diego International Law Journal

Philippine criminal libel law is unjustly being used to suppress and censor the media and press; libel should be decriminalized and redefined to uphold the ideals of due process and freedom of expression enumerated in the Philippine Constitution.

This Comment takes a deep dive into Philippine libel law and argues for its decriminalization and redefining from an international perspective.

International Conformity To The Standard Minimum Age Of Criminal Responsibility: Comparing The Minimum Age Of Criminal Responsibility To The Minimum Legal Age Of Marriage, Malea Casillas

San Diego International Law Journal

As this data shows, countries across the globe, irrespective of culture, comply with and uphold the international MLAM. In contrast, they simultaneously fail to agree to the international MACR. The universal conformity with the international MLAM demonstrates that countries understand the negative consequences of marriage at a young age and care to protect children against child marriage. However, the even lower MACRs across the globe indicate that most of our world values prosecution over protection and likely sees offender first and child second.

This Comment will argue that MACR and MLAM should be recognized as similar legal concepts that are …

Fairness At The Forefront: Transgender Athlete Participation In The Olympics, Baylee Swidler

San Diego International Law Journal

This Article will examine how the IOC framework has developed over the years, focusing specifically on where it is now, and how it affects transgender athletes, cisgender athletes (athletes whose biological sex matches their gender identity), and future athletes. Players worldwide are affected differently by the decisions of each International Federation, depending on whether fairness or inclusion is prioritized. Sport at lower levels can be significantly influenced by the independent regulations of each sport federation, even for younger athletes. My proposal, rather than simply stating that reform is necessary after the implementation of the IOC 2021 framework, is instead, to …

Saving Genus Claims For Antibody Patents: What We Can Learn From The Foreign Jurisdictions, Ningxi Sun

San Diego International Law Journal

In the United States, therapeutic antibodies play a key role in the innovations for life-saving therapies. Genus claims—broad claims that cover a group of related species – are widely used in antibody patents, allowing the patentee to obtain broad protection of their inventions. However, a recent line of Federal Circuit decisions has created a higher bar to obtaining patent protection for antibodies. Specifically, it is now nearly impossible to maintain an antibody genus claim. Noteworthy, the United States’ treatment for antibody claims is diverging from other major jurisdictions in the world.

This Article argues the Supreme Court and Congress should …