Health Law and Policy Commons^™

Canada’S Arctic Policy Framework: Governance Transformation In Nunavut, C. Mark Macneill

Sustainable Development Law & Policy

On August 28, 2017 Canada’s Prime Minister, Justin Trudeau committed to a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, co-operation and partnership. To accomplish this mission, major structural changes in how the Government of Canada engages and relates with Indigenous peoples across the country were co-developed with indigenous, territorial and provincial partners to form a new Arctic Policy Framework (APF). This has had major implications of departmental transformation, particularly for the former Department of Indigenous and Northern Affairs (INAC), Nunavut. Regional Office (NRO), its staff, programs, and operations.

Splitting Canada’S Northern Strategy: Is It Polar Mania?, C. Mark Macneill

Sustainable Development Law & Policy

On July 15, 2019, Prime Minister Justin Trudeau’s legislation splitting Indigenous and Northern Affairs Canada (INAC) into two new departments and dissolving INAC came into effect. The same legislation also formally established the mandates of the two new departments, Crown-Indigenous Relations and Northern Affairs (CIRNAC) and Indigenous Services Canada (ISC). The Government of Canada passed the legislation to develop deeper relations and higher levels of collaboration with Canada’s Indigenous people to build stronger and healthier northern communities. Dovetailing with the splitting of INC, Prime Minister Justin Trudeau announce the Arctic Policy Framework (APF). The APF was co-developed with indigenous, territorial, …

Transboundary Air Pollution In Northeast Asia: Two Pathways Forward For China And South Korea, Yeeun Uhm, Creighton Barry

Sustainable Development Law & Policy

Simply put, air pollution kills. Each year, more than 5.5 million people die from illnesses caused by breathing polluted air worldwide. In 2013 alone, one in ten deaths globally were associated with air pollution. Such alarming statistics ought to provide governments a strong incentive to combat air pollution, but toxic air unrelentingly blankets places like New Delhi, Seoul, and Bangkok. Fundamentally, this may be because humans take the atmosphere for granted as a place to dump industrial waste. This article will discuss two alternative pathways to addressing transboundary air pollution between China and South Korea. One involves binding international dispute …

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Sustainable Development Law & Policy

This volume marks the 20th anniversary of Sustainable Development Law and Policy (SDLP) published by the students of American University’s Washington College of Law. SDLP was founded to explore the legal and policy dimensions of sustainable development (i.e. the simultaneous pursuit, or integration, of economic development, environmental protection, and social welfare). During its twenty years, SDLP has provided a forum for scholars, practitioners, and students to analyze the complex challenges to achieving economic and social justice within the constraints of our planet’s natural environment. From its first volume addressing liability for carbon trading, the regulation of genetically modified organisms, and …

About Page, Sustainable Development Law And Policy Brief

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Brianna Delduca, Hannah Gardenswartz

Sustainable Development Law & Policy

Dear Readers,

This issue is a celebration of Sustainable Development Law & Policy Brief’s (SDLP’s) twentieth anniversary. It has been a privilege to oversee SDLP during this tumultuous time. Now more than ever, we need to focus on global ramifications of the human environment. Over the past twenty years, SDLP has discussed developing theories in international environmental law. While we are living in strange times, SDLP continues to be a place to discuss how humans interact with the environment.

For this issue, we are celebrating twenty years by publishing articles and features that look at where the law of sustainable …

Endnotes, Joan F. Chu

Sustainable Development Law & Policy

Underserved Communities Trashed by Plastic; Continued

And Endnotes

Underserved Communities Trashed By Plastic: Slowing The Proliferation Of Petroleum Based Products Through Stewardship Laws And Enhanced Back-End Regulatory Solutions, Joan F. Chu

Sustainable Development Law & Policy

Introduction

Plastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis …

Bison, Tribes, And Brucellosis In The Interagency Bison Management Plan, Bailey Nickoloff

Sustainable Development Law & Policy

Introduction

It would be in the best interest of the Interagency Bison Management Plan (“IBMP”) and its affiliated agencies to allow Tribal governments and Tribal members to hunt bison within Yellowstone National Park (“YNP”). This would help to reduce the spread of brucellosis, reduce the environmental impacts from bison in YNP, and honor the treaties signed between the United States and Tribal governments. These agencies can accomplish this by implementing treaty hunting rights in a new Environmental Impact Statement (“EIS”) and within an existing legal framework.

Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner

Sustainable Development Law & Policy

“Tiny living” is a growing trend in which small-scale, ecoconscious housing is used as an alternative means for homeownership. Tiny homes are smaller than the average detached home with the appearance and character of a traditional freestanding residential home. They are one-story, single-occupant dwellings and usually constructed on a trailer base for towing. State-of-the-art building techniques provide a lower environmental burden and utility cost per square foot. Due to their smaller size, tiny homes are cheaper with an average price of $52,000, opening a wider door to home ownership. The typical design is to include all the standard amenities and …

Rulemaking Doubletake: An Opportunity To Repair And Strengthen The National Environmental Policy Act, Rachel Keylon

Sustainable Development Law & Policy

Introduction

In the middle of the twentieth century, there was a turning point in the United States and around the world in the understanding of the human relationship with the natural environment and natural resources. It was a shift from a perspective of natural resources endlessly available for exploitation to a perspective that natural resources are finite, and conservation and preservation are necessary to ensure that these resources are available for future generations. The accumulation of chronic environmental degradation, such as the unchecked proliferation of pesticides and other toxic chemicals, pollution to the nation’s waters, loss of land to erosion, …

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

Dear Readers,

For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.

In this issue, our authors provide an in-depth analysis into current regulations and …

Your Liberty Is Not A Right To Jeopardize My Health: How A State Covid-19 Vaccine Mandate Promotes Health Justice, Rebecca L. Doloski

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic has once again brought the vaccine debate into the national spotlight. Except this time, whether to be vaccinated or not has become widely politicized and the rapid spread of misinformation has led to a deadly game of those who refuse to be vaccinated not only allowing themselves to be susceptible to a deadly virus, but also putting others at risk. In addition to the misinformation and politicization of this issue, the question of constitutionality of such measures is back in the spotlight as potential state vaccine mandates appear to be on the horizon. This paper seeks to …

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman

Buffalo Law Review

During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner-era decision. And the Supreme Court is largely to blame for these errors. Over the course of a century, four prominent …

Using Waller To Uphold First And Sixth Amendment Rights Throughout The Covid-19 Pandemic, Maya Chaudhuri

Washington and Lee Law Review Online

In The Right to a Public Trial in the Time of COVID-19, Professor Stephen Smith argued that the COVID-19 pandemic justified an almost categorical suspension of the right to a public trial. Judges have relied on Smith’s Article to justify closure decisions made without the constitutionally required specific findings. These are part of a larger pattern of improper closure determinations, many made without fully considering alternatives to closure, since the beginning of the pandemic that threatens the rights of individuals with criminal cases and the collective rights of the public. But the Constitution has no pandemic exception, and it …

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2), Allen K. Rostron

Faculty Works

This bibliography covers some of the significant constitutional issues arising in the realm of family law today, as well as other legal and policy issues spinning off of the constitutional controversies. It focuses on issues discussed in the articles in this issue of the Journal of the American Academy of Matrimonial Lawyers.

A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney

Seattle University Law Review

This Note advocates for Washington courts to adopt a system that universally allows evidence of environmental contamination on the private property taken in eminent domain proceedings. Part I of this Note discusses the history and progression of eminent domain and the broader constitutional roots of the Takings Clause. Part II explores Washington’s environmental remediation statute. Part III details the various approaches jurisdictions around the county have formulated to deal with this issue. Part IV argues Washington courts should adopt the inclusionary approach, which allows the introduction of environmental evidence in eminent domain proceedings.

Table Of Contents

Seattle University Law Review

Table of Contents

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

How To Survive The Culture Wars: Conflict Of Laws Post-Dobbs, Roger Michalski

American University Law Review

Abortion is the latest flashpoint in the culture wars. Post-Dobbs, red and blue states are hard at work codifying different approaches within their boundaries. However, pills, women, transactions, medical services, and information will cross those boundaries. Both sides already fight about who gets to regulate such boundary-crossing activity with each accusing the other of trespassing on the regulatory space of their disagreeing neighbors.

This is dangerous terrain. A house divided against itself needs tools to mediate and constructively tackle conflict. Without such tools, divisions will deepen and provide an endless stream of incidents to further divide the country. The choice …

Reproductive Privacy In The World: Critical Examination Of June Medical Services, L.L.C. V. Russo And Buck V. Bell, Kumiko Kitaoka

Washington and Lee Journal of Civil Rights and Social Justice

Using insights from Professor Stephen A. Simon’s Universal Rights and the Constitution, this Article argues that national courts should continue to assume an active role in the protection of privacy rights by giving due consideration to the nature of the privacy right in combination with the merits of the universal right theory. This Article then demonstrates that both foreign national courts and domestic state courts have recognized the right to procreate and key aspects of the right to abortion as fundamental rights.

Part II introduces the universal right theory, explaining why the theory is particularly relevant to the protection …

Survival Voting And Minority Political Rights, Douglas M. Spencer, Lisa Grow Sun, Brigham Daniels, Chantel Sloan, Natalie Blades

American University Law Review

The health of American democracy has literally been challenged. The global pandemic has powerfully exposed a long-standing truth: electoral policies that are frequently referred to as “convenience voting” are really a mode of “survival voting” for millions of Americans. As our data show, racial minorities are overrepresented among voters whose health is most vulnerable, and politicians have leveraged these health disparities to subordinate the political voice of racial minorities.

To date, data about racial disparities in health has played a very limited role in assessing voting rights. A new health lens on the racial impacts of voting rules would beneficially …

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …

Dobbs V. Jackson Women’S Health And The Post-Roe Landscape, Yvonne F. Lindgren

Faculty Works

This Article examines some of the important takeaways of the Dobbs v. Jackson Women’s Health decision and the likely reverberations it will have on other areas of law and reproductive healthcare more broadly. The Article proceeds in three parts. Part I examines the majority, concurring, and dissenting opinions to consider what they reveal about the new standard of review for abortion, the shift in power among the members of the Court itself, as well as what the opinion signals might come next. Part II explores the future of abortion in a post-Roe landscape as the abortion rights movement moves from …

American Motherhood - A Taking, Nicole Knight

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

First Amendment Challenges To State Vaccine Mandats: Why The U.S. Supreme Court Should Hold That The Free Exercise Clause Does Not Require Religious Exemptions, Donna M. Gitter

American University Law Review

The U.S. Supreme Court has never issued a judicial opinion on the merits declaring that the First Amendment Free Exercise Clause permits states to mandate vaccinations without offering religious exemptions. However, in two recent cases, the Court in brief orders declined applications for emergency relief to block state vaccine mandates, and the petitioners have vowed to continue to pursue these cases.

This Article explores how the seemingly sudden onset of the coronavirus pandemic, coupled with its protracted duration, has occasioned both emergency and enduring state regulation of religious behavior in a way that exposes deep divides in our society’s views …

Crisis Pregnancy Centers: An Inherently Unjust Limitation To Reproductive Rights, Rebecca Feinberg, Danielle Pacia

Scholarly Works

This paper’s purpose is two-fold. First, it presents an ethical analysis that details why the current practices of Crisis Pregnancy Centers (CPCs) are unethical and violate women’s reproductive freedom. Second, it proposes policy solutions to mitigate inequities and disinformation caused by the practices of CPCs, in an attempt to protect the women who, fall prey to their services