Law Commons^™

Fishing Against The Wind: The Federal Government’S Obligation To Consider And Mitigate Fishing Impacts From Offshore Wind Development On The Outer Continental Shelf, Benjamin B. Algeo

Ocean and Coastal Law Journal

As offshore wind development activity increases along the East Coast of the United States, commercial fishing groups have raised concerns about potential impacts on their operations. This comment examines the Bureau of Ocean Energy Management’s legal obligation under the Outer Continental Shelf Lands Act to consider these concerns and mitigate potential impacts during the offshore wind leasing process. The comment concludes that the Act does require the Bureau to both consider any potentially affected fishing uses and to prevent impacts to “reasonable uses,” though the Bureau has significant discretion to determine what constitutes a “reasonable use.”

Pointing Fingers At Nonpoint Source Polluters: How A Coastal Nonpoint Pollution Control Program Could Influence Forestry Practices In Oregon’S Coastal Zone, Brenden Kaze Catt

Ocean and Coastal Law Journal

The Clean Water Act regulates the discharge of pollutants into waters of the United States. Despite nonpoint pollution accounting for most water pollution, the Clean Water Act has few mechanisms to address such pollution. For coastal communities, this is of particular concern. Indeed, this concern facilitated a regulatory regime under the Coastal Zone Management Act and, subsequently, the Coastal Zone Act Reauthorization Amendments. These acts use established coastal management programs as a regulatory vehicle to drive nonpoint pollution mitigation in the coastal zone through the implementation of a Coastal Nonpoint Pollution Control Program. Oregon has an established coastal management program. …

Nd Lawyers Of New York City: ‘Off The Court’ With Muffet Mcgraw And Coquese Washington ’97 J.D., Marcus Cole

2019–Present: G. Marcus Cole

Notre Dame Law School Dean G. Marcus Cole participated in a fireside chat with Muffet McGraw, the former head women’s basketball coach at Notre Dame, and Coquese Washington ’92, ’97 J.D., the head women’s basketball coach at Rutgers on June 6 in New York City.

The Political Language Of Parental Rights: Abortion, Gender-Affirming Care, And Critical Race Theory, Naomi Cahn

Seton Hall Law Review

No abstract provided.

Alito Is Wrong: We Can Assess The Impact Of Dobbs, And It Is Bad For Women’S Health, Sonia M. Suter

Seton Hall Law Review

No abstract provided.

Singing In The Key Of Dobbs: Historical Inquiries Into The Institutionalization Of Support For Families And Children, Sacha M. Coupet

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 53, No. 5 2023

Seton Hall Law Review

No abstract provided.

Privatizing Family Leave Policy: Assessing The New Opt-In Insurance Model, Deborah A. Widiss

Seton Hall Law Review

No abstract provided.

Family Needs, Family Leave In 2023, Katharine Silbaugh

Seton Hall Law Review

No abstract provided.

Real Choice: Abortion Rights Reconstruction, Nancy E. Dowd

Seton Hall Law Review

No abstract provided.

Exacerbating Ambiguity: Why The Final 340b Administrative Dispute Resolution Rule Is A Distraction From Needed Reform, Caryn Levite Marshall

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 53, No. 5 2023

Seton Hall Law Review

No abstract provided.

Invisible String: A Comparison Of States’ Abortion And Infertility Coverage Laws Shows Limiting Bodily Autonomy Is The Common Thread Tying Seemingly Opposite Policies Together, Kaitlyn E. Mcgill

Seton Hall Law Review

No abstract provided.

Medication Abortion And The Post-Dobbs Legal Landscape, Rachel Rebouché

Seton Hall Law Review

No abstract provided.

Promoting Health Care Equity: The Instrumentality Of Medicare And Medicaid In Fighting Ableism Within The American Health Care System, Emmalise Earl

Seton Hall Law Review

No abstract provided.

Putting Your Money Where Your Mouth Is: Maternal Health Policy After Dobbs, Elizabeth Tobin-Tyler

Seton Hall Law Review

No abstract provided.

Genetic Technologies: Patent Protections & The Case For Technology Transfer, Smitha Gundavajhala

Washington Journal of Law, Technology & Arts

Genetic technologies range in scope from agricultural to medical applications. Most recently, during the COVID-19 pandemic, companies like Moderna developed and patented genetic technologies for diagnostic and therapeutic purposes, like the mRNA vaccine. However, patent protection provides these companies with a monopoly that ultimately limits domestic production of generic versions, thus limiting access to life-saving diagnostics and therapeutics. When a company located in one country files a patent for recognition in another country, it effectively places a hold on production of any technologies covered by that patent’s reach, whether that patent is enforced or not. However, the TRIPS Agreement, the …

Toward A Canadian Right To Repair: Opportunities And Challenges, Anthony D. Rosborough

Articles, Book Chapters, & Popular Press

This Article draws a picture of the past, present, and future of the right to repair in Canada. It looks to early successes toward automotive right to repair, challenges faced in proposing consumer protection reforms in Ontario and Quebec, and the utility of a proposed copyright “Technological Protection Measure (TPM) exception” allowing circumvention for repair purposes. In light of right to repair priorities identified by Canada’s current federal government, the Article identifies a selection of reforms that could achieve these goals. Such reforms include creating regulations under the Copyright Act governing the use and implementation of TPMs, passing an exception …

What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology, Perla Khattar

Washington Journal of Law, Technology & Arts

The persistence of the privacy paradox is proof that current industry regulation is insufficient to protect consumer’s privacy. Although consumer choice is essential, we argue that it should not be the main pillar of modern data privacy legislation. This article argues that legislation should aim to protect consumer’s personal data in the first place, while also giving internet users the choice to opt-in to the processing of their information. Ideally, privacy by design principles would be mandated by law, making privacy an essential component of the architecture of every tech-product and service.

Consensus’S Consolidation Conundrum, James J. Bernstein

Washington Journal of Law, Technology & Arts

In Part I, this piece will highlight the history, basis, and justifications for blockchain systems over the present version of the internet. This section helps to frame where consensus mechanisms may undermine Web3’s core premise. Part II will describe the fundamentals of consensus mechanisms. Thereafter, in Part III this piece will demonstrate the pitfalls of each system - and why proof of stake is not necessarily better at fighting off some of the risks associated with consensus mechanisms. Finally, in Part IV this article offers an architectural solution: introducing a series of new protocols which would increase the cost of …

“Tiktok Told Me I Have Adhd”: Regulatory Outlook For The Telehealth Revolution, Kaitlin Campanini

Washington Journal of Law, Technology & Arts

Telehealth’s expansion during the COVID-19 pandemic has drastically changed the approach to healthcare in the United States. This is particularly true in the behavioral health sector where several behavioral telehealth companies have emerged to treat Attention-Deficit/Hyperactivity Disorder (“ADHD”). These companies utilize a direct-to-consumer (“DTC”) model with a virtual platform that connects subscribing patients to medical providers who can treat them for ADHD. Although this telemedicine model emphasizes convenience and efficiency, the reality is that those benefits come at the cost of patient care. The federal regulations promulgated in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 to curtail …

Session 5: Banking, Capital Markets, And The Crypto Revolution - A Look Back And Projection Of The Future Of Fintech, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, Jill Williamson

SITIE Symposiums

In Session Five of the SITIE 2023 Symposium: Enabling Innovation in Law and Society, Joseph M. Vincent moderated as the four panelists, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, and Jill Williamson, discussed banking, capital markets, and the crypto revolution by looking back and projecting the future of the financial technology (FinTech) industry. The discussion commenced with a conversation on banking deposits, then moved into a discussion on cryptocurrency companies and the challenges they have faced in recent years in the banking industry. The panelists further discussed artificial intelligence (AI) technology’s impact on FinTech, open banking, and challenges facing cryptocurrency …

Session 4: Fireside Virtual Chat With Bruce Jackson, Associate General Counsel, Microsoft, Bruce Jackson

SITIE Symposiums

Rhymes all have in common? Besides musical talent, they have all been represented by Bruce Jackson, one of the founding partners of the entertainment law firm, Jackson, Brown, Powell, and St. George. Jackson, a Brooklynite and longtime Microsoft attorney, is a force in the legal industry. Jackson started at Microsoft in the year 2000 as Corporate Counsel for the digital media division. Jackson now serves as Associate General Counsel and Managing Director for Strategic Partnerships out of the Office of the President for Microsoft. Jackson recently published his first book, Never Far From Home: My Journey from Brooklyn to Hip …

Session 3: Diversity Enhancing Intellectual Property, Jordi Goodman, Nina Srejovic

SITIE Symposiums

The field of intellectual property suffers from a lack of diversity. Women are underrepresented as credited inventors in the United States. Additionally, multi-gender inventor groups are underrepresented compared to all-male and, sometimes, even all-female groups. This representation has changed over time, with changes not always reflecting an increase in female representation. This is particularly true when studying gender-disparity as it exists in the field of computer programming and software patents. While women were well represented in computer programming at field’s inception, this changed after World War II because men lobbied to push women out of the field. Women have since …

Session 2: Diversity As Key To Innovation - Stem Education, Richard Tapia

SITIE Symposiums

Richard A. Tapia is a professor at Rice University, where he has taught since 1970. Tapi specializes in optimization theory and numerical analysis. It has been his lifelong work to help underrepresented minorities achieve academic success and success in life.

In this talk, Tapia emphasizes the importance of diversity in STEM fields and highlights the failures of the education system in supporting underrepresented minorities. Tapia opines that more efforts need to be made to bring domestic underrepresented minorities into STEM positions and to recognize the value they bring. Tapia believes that, to address the lack of minority representation in STEM …

Session 1b: Innovation In Legal Contracts And Deals - How Lexion Is Incorporating Ai Into Document Revision, Lexion

SITIE Symposiums

Here, Gaurav Oberoi (CEO and Founder, Lexion) & Jessica Nguyen (Chief Legal Officer, Lexion) discuss Lexion and how it will change the legal industry. Lexion seeks to revolutionize how companies manage the contracts that they use. It has begun to corner a particular market in the rapidly growing field of Artificial Intelligence (AI), helping in-house attorneys to improve their workflow by automatically analyzing documents. By using AI, the program can successfully remove what the CEO of Lexion refers to as “low value” work. This allows overworked in-house attorneys to not only do more work in a faster time frame, but …

Session 1a: Innovation In The Delivery Of Legal Services And Access To Justice, Vikktoria

SITIE Symposiums

In session one, Walid Romaya and Tabrez Ebrahim, co-founders of Vikktoria, discuss their company and its contributions to improving access to justice. With a dual focus on achieving a broader access to justice and in providing matchmaking services for legal professionals looking for a larger client base, Vikktoria aims to disrupt the legal services industry through its mobile app. Based in California, Vikktoria has begun to expand to various metro areas around the country and hopes to provide broader access to justice by giving those with little to no legal knowledge an easy way to find a local attorney, book …

Introduction, Steven Bender

SITIE Symposiums

No abstract provided.

Cardozo Law News Brief: June 9, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Dmytro Vovk
• Kate Shaw
• Matthew Wansley
• Samuel Weinstein
• Emmanuel Arnaud
• Rebecca Ingber
• Kate Levine
• Michel Rosenfeld
• Anthony Sebok

Campus News:

• Cardozo Celebrates the Class of 2023
• The Class of 2023’s Achievements Celebrated at Pre-Commencement Awards Ceremony
• Nargis Baran Flees Afghanistan and Starts a New Chapter at Cardozo

Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.