Law Commons^™

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

The Fight For Fluoridation In Stl, Noor Yousaf

Undergraduate Research Symposium

Fluoridation is the addition of fluoride to a source of drinking water. In St. Louis’s public water supply, the amount of fluoride remains the same since 1953 at 5ppm. Dr. Ralph Rosen and his team of dentists and researchers advocated for the fluoridation of the water because it reduced the frequency of dental caries occurring in children and adults alike, but the public had opinions on the sudden addition of chemicals to their water. This includes how the public’s health will be affected, how consumer products would change, and also how effective this addition of fluoride would be. This debate …

Symposium: Gender, Health & The Constitution: On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs, Ainslee Johnson-Brown

ConLawNOW

This Essay argues that state abortion statutes codifying government interests in the health and welfare of the unborn trigger a constitutional right to prenatal care where adequate medical care is constitutionally required in the penal system. It explores the healthcare mandates required by the U.S. Constitution in the era before the passage of the Supreme Court’s decision in Dobbs, specifically looking at abortion access and prenatal provisions in the penological system. It then dissects abortion-related legislation passed by various states in the wake of Dobbs—emphasizing language within the legislative findings that could trigger a constitutional obligation for prenatal …

Illicit Drug Usage And Juvenile Justice System Involvement, Selene Chavez Saucedo, April Terry

SACAD: Scholarly Activities

Drug usage is strongly associated with significant social and psychological problems for youth, including juvenile justice system involvement. Research shows that approximately 4.5 million youth, ages 12-17, have used an illicit drug in the past year. Youth drug usage is related to juvenile justice system involvement. In fact, substance abuse is a top eight risk factor for juvenile offending and reoffending. Once youth are involved within the judicial system, the correctional system must then assume the responsibility of intervening in the youth cycle of drugs and delinquent behavior. Unfortunately, research shows that substance use treatment is available only sporadically for …

Law School News: The Power Of Yes: Stefanie Fischer L'24, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Malpractice Litigation Related To Management Of Varicocele: A Legal Database Review, Eric Zhou, Nicholas Sellke, Helen Sun, Kimberly Tay, Sherry Mortach, Ramy Abou Ghayda, Aram Loeb, Nannan Thirumavalavan

Student Scholarship

There have been studies that examined litigation procedures stemming from the management and treatment of various urological issues [6, 8]. Varicocele is a common urologic condition and can be associated with pain, subfertility, and infertility, thus greatly impacting patient well-being and quality of life. It has a prevalence of 15% in the general male population and up to 35% in males with infertility [9]. Varicocele has a range of treatment options, from observation to pain management to surgical correction. To our knowledge, no legal claims database investigation into varicocele cases exists. Elucidating the factors that go into varicocele litigation could …

Validity, Reliability, And Fairness Evidence For The Jd-Next Exam, Steven Holtzman, Jonathan Steinberg, Jonathan Weeks, Christopher Robertson, Jessica Findley, David M. Klieger

Faculty Scholarship

At a time when institutions of higher education are exploring alternatives to traditional admissions testing, institutions are also seeking to better support students and prepare them for academic success. Under such an engaged model, one may seek to measure not just the accumulated knowledge and skills that students would bring to a new academic program but also their ability to grow and learn through the academic program. To help prepare students for law school before they matriculate, the JD-Next is a fully online, noncredit, 7- to 10-week course to train potential juris doctor students in case reading and analysis skills. …

Lgbtq+ Youth In The Juvenile Justice System, Matthias B. Pearce, April Terry

SACAD: Scholarly Activities

Many experts agree that the juvenile justice system has flaws, resulting in the need for different modifications. One area of particular concern within the juvenile justice system is the involvement of LGBTQ+ youth. LGBTQ+ youth are grossly overrepresented in both the juvenile and adult systems, including those who are incarcerated. This rate is highest for queer women and trans, non-binary, and gender non-conforming individuals (Buist, 2020; Donohue et al., 2021; Hereth & Bouris, 2020). This known pathway clearly depicts a systemic issue—one that warrants attention and remediation. This poster provides background information on the disparities that exist for LGBTQ+ youth …

Immigration, Moral Panics, And Punishment: The Impact Of Media Coverage And Public Interest On Jail Incarceration, Faraneh Shamserad

Dissertations

Despite extensive empirical evidence showing that immigration does not lead to increases in crime, the purported immigration and crime link has been used to buttress increasingly punitive immigration policies over the past few decades. While previous studies have explored the role of enforcement practices for punishment, this dissertation delves into the mechanisms through which immigrants are transformed into “criminal subjects” and the consequences for punishment at the local level. By integrating moral panic theory with research on immigration, crime, and punishment, I propose that the inflammatory language surrounding immigration in media and public discourse has punitive consequences for immigrants. Moreover, …

Rethinking Taxing Excess Profits, Reuven S. Avi-Yonah, Tamir Shanan

Articles

This article discusses the application of excess profit taxes (EPTs, also referred to as windfall taxes) that have gained renewed interest and popularity over the past several years. The revival of these windfall taxes gained renewed interest following the COVID-19 outbreak, which led to a sharp price increase in corporate revenues of medical equipment and within pharmaceutical industries. However, the revival of such taxes was also used following the recent rise in energy prices mainly in Europe, leading to a sharp increase in corporate revenues of energy corporations and the recent surge in borrowing interest rates that was not accompanied …

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY HONORABLE DEREK P. PULLAN, DISTRICT COURT NO. 220400578

Sean N. Egan, Attorney for Appellees

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Amended 10(c) Reply Memorandum

Benjamin Miller, Debra M. Nelson, Mackenzie Skye Mcbride, Attorneys for Mr. Sanchez

Reply Brief Of Edward A. And Doris Zelinsky In The New York Tax Appeals Tribunal, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

Three reasons of state law independently compel a refund of the New York income tax Professor Edward A. Zelinsky paid on the Cardozo Law School salary Professor Zelinsky earned during the COVID period from March 15, 2020 through December 31, 2020. That salary was not New York source income because Professor Zelinsky earned that COVID period salary at his home in Connecticut “wholly without” New York’s borders. 20 N.Y.C.R.R. § 132.4(b). In addition, New York’s “convenience of the employer” rule does not apply to that COVID period salary because Professor Zelinsky’s remote work at home was for Cardozo’s necessity rather …

Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles

Testimony

Testimony Before the U.S. Senate Committee on the Judiciary

School-To-Prison Pipeline, Samuel S. Honas, April Terry

SACAD: Scholarly Activities

Kindergarten through grade 12 schools are institutions where youth go to learn, grow, and sculpt their minds for their future. For some youth, schools do not present a warm and welcoming environment, and instead, respond in ways that create negative outcomes for certain youth. Factors like bullying, poor student-to-teacher interactions, and negative parental attachment can cause youth to have problems in school. Minority youth are also more likely to get in trouble in school for the same behaviors as their white counterparts. The school-to-prison pipeline is a pathway that begins in the school system that operates under the notion of …

Mmu: 04/08/24–04/14/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 66, No. 12 (April 8, 2024)

Indiana Law Annotated

No abstract provided.

Ndls Communicator: Week Of 04.08.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Alexander "Sandy" Steel receives a Leverhulme Major Research Fellowship
• Mary-Kathryn Takeuchi ‘20 J.D. joins ND Law’s Exoneration Justice Clinic as legal fellow
• First Catholic charter school providing access for underserved students defended by Notre Dame Religious Liberty Clinic
• Emily Bremer is speaking today on "New Challenges in Adjudication and Judicial Review" as a panelist at Widener University Commonwealth Law School's Law Review Symposium.
• Mary Ellen O'Connell was quoted in the Washington Post in "Top UN court will hold hearings in a case accusing Germany of facilitating Israel's Gaza conflict."
• A recent ruling by the Florida Supreme …

Constitutional Rights Of Artificial Intelligence, Mizuki Hashiguchi

Washington Journal of Law, Technology & Arts

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for artificial intelligence to be created?

Extending constitutional rights to artificial intelligence may be consistent with the jurisprudential history of rights. Constitutional rights have undergone metamorphosis over time to protect new …

Rembrandt’S Missing Piece: Ai Art And The Fallacies Of Copyright Law, Eleni Polymenopoulou

Washington Journal of Law, Technology & Arts

This article discusses contemporary problems related to Artificial Intelligence (AI), law and the visual arts. It suggests that the fallacies of copyright law are already visible in legal conundrums raised by AI in the creative sector. These include, for instance, the lack of uniformity in relation to creations’ copyrightability, the massive scale of copyright infringement affecting visual artists and the creative industry, and the difficulties in implementing media regulation and cyber-regulation. The deeply cherished ‘human authorship’ criterion that was sustained recently by a US Federal Appeals Court in Thaler, in particular, is a short-term solution to the legal challenges …

All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young

Washington Journal of Law, Technology & Arts

The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …

Toward The Substitutionary Promise Of Ptab Review, Saurabh Vishnubhakat

Online Publications

Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) and the U.S. district courts allow the agency to disregard prior judicial decisions about patent validity and for patents to be relitigated even after surviving judicial review. Divergent claim construction standards allow for similar arbitrage, and, although the USPTO has now aligned its claim construction approach with that of the courts through rulemaking, that …

1l Final Review Sessions, Cardozo Asian Pacific American Law Students Association, Cardozo Office Of Student Services & Advising

2023–2024 Flyers

Con Law - April 8, 2024

Property - April 10, 2024

Contracts - April 15, 2024

Criminal Law - April 17, 2024

Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law

2024 Event Invitations

Join Dean Leslie and Professor Emeritus Richard Weisberg, author of ‘Vichy Law and the Holocaust in France,’ for a discussion on World War II, the Nazi occupation of France and how the French legal system was changed to perpetuate the Holocaust in France.

The Secret Lives Of Environmental Rights, Sonya Ziaja

Pace Environmental Law Review

Do constitutional environmental rights change hearts and minds? How could they? This Essay describes three possible hypotheses of the relationships among constitutional environmental rights, meaning, and behavior: The Separate Domains Approach, The Constitutive Approach, and The Mutually Constitutive Approach. The theories underlying these hypotheses, and explored in this Essay, may provide some insight into constitutional environmental rights and how they may evolve throughout generations.

State Constitutions In The Woods, Quinn Yeargain

Pace Environmental Law Review

Before the adoption of environmental rights provisions beginning in the 1970s, most state constitutions did not contain provisions that protected the natural environment from degradation. Instead, to the contrary, many constitutions—especially in western states—contained policies that have long entrenched carbon-intensive infrastructures and have favored extractive industries. But starting in the early 1900s, a handful of states began amending their constitutions to incorporate environmental policy provisions. These additions helped preserve forested lands by giving state governments the power to respond to uncontrolled forest fires and adopt policies to prevent deforestation. Other amendments established fish and game commissions as constitutional entities, safeguarding …

Some Lessons For Crafting A State Constitution-Based Right To A Clean Environment, Heidi Gorovitz Robertson

Pace Environmental Law Review

While New York most recently added an environmental rights amendment to its constitution, Pennsylvania and Montana have had these amendments in their constitutions since the seventies. Hawaii, Rhode Island, Illinois, and Massachusetts have enacted weaker iterations of rights to a clean environment. Other states, like Maine, have faced challenges that blocked an amendment’s passage. This Article provides an initial analysis of the state environmental rights amendments currently in place, examining their origins, language, placement in the constitutions, and the major judicial decisions impacting their interpretation. It concludes by comparing the existing environmental rights amendments to the proposed amendment that failed …

Indigenizing The Right To A Healthy Environment, Elisabeth Parker, Heather Tanana

Pace Environmental Law Review

The most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous …

Green Amendments, Land Use, And Transportation: What Could Go Wrong?, Michael Lewyn

Pace Environmental Law Review

As more states amend their constitutions to include a green amendment, the vague nature of these amendments leaves a concerning amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.

The Value Of Constitutional Environmental Rights And Public Trusts, John C. Dernbach

Pace Environmental Law Review

As part of the modern environmental movement of the 1970s, five states (Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania) adopted constitutional amendments recognizing a right to a quality environment, a public trust for public natural resources, or both. Half a century later, there is a renewed interest in constitutional environmental rights, inspired in no small part by the failure of existing laws to adequately address the climate crisis. A sixth state (New York) recognized a constitutional right to a quality environment in 2021, and more than a dozen states are considering such amendments. Still, the great majority of environmental protection at …