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National Security, Immigration And The Muslim Bans, Shoba Wadhia 2019 Penn State Law

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Shoba Sivaprasad Wadhia

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim bans ...


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia 2019 Penn State Law

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Reuse, Remix, And Create With Creative Commons Licenses, Andrée Rathemacher 2019 University of Rhode Island

Reuse, Remix, And Create With Creative Commons Licenses, Andrée Rathemacher

Technical Services Faculty Presentations

Slides from a presentation, "Reuse, Remix, and Create with Creative Commons Licenses," presented at the Rhode Island Library Association Annual Conference 2019, Get Informed!, on May 23, 2019 in North Smithfield, Rhode Island.

An openly-shared Google Slides version of this presentation is also available at https://bit.ly/2w6maqH.

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REUSE, REMIX, AND CREATE WITH CREATIVE COMMONS LICENSES | ROOM 2A

What are Creative Commons (CC) licenses and how do they work? What is the difference between something that is free online and something that is truly “open”? Did you know that it is often a Creative Commons license that puts the ...


The 'Affected' Post-Preimplantation Genetic Diagnosis Embryo, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker 2019 Osgoode Hall Law School of York University

The 'Affected' Post-Preimplantation Genetic Diagnosis Embryo, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker

Estair Van Wagner

The meaning of "health" is constructed from a variety of perspectives, including biomedical, social and political, and in a variety of sites, including human bodies and natural environments. In this chapter we suggest that the human embryo is one such site. At first glance the in vitro embryo is not an obvious location from which to examine such constructions; however, we contend that an increasing focus on biomedical determinations of the "health" of the human embryo (Mykitiuk and· Nisker, 2008b; Van Wagner, Mykitiuk and Nisker, 2008) is significant not only in the application to human embryos themselves, but also in ...


Constructing 'Health', Defining 'Choice': Legal And Policy Perspetives On The Post-Pgd Embryo In Four Jurisdictions, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker 2019 Osgoode Hall Law School of York University

Constructing 'Health', Defining 'Choice': Legal And Policy Perspetives On The Post-Pgd Embryo In Four Jurisdictions, Estair Van Wagner, Roxanne Mykitiuk, Jeff Nisker

Estair Van Wagner

Through Preimplantation Genetic Diagnosis, embryos created by IVF are selected for transfer to a woman based on particular characterisations, including the presence of genetic markers or a tissue match for a sibling. In this paper we examine the precise language used in the recent policy and regulatory documents of four jurisdictions (the United Kingdom, Australia, Canada and New Zealand) that in any way characterises the post-PGD embryo. We then explore the mutually constructed relationship between how that embryo is characterised and the purposes for which PGD is applied, as well as the types of uses to which the post-PGD embryo ...


Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder 2019 University of Puget Sound

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of ...


Letter From The Editor, Lara Thiele 2019 University of Notre Dame Law School

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.


Masthead Volume 9, 2019 Notre Dame Law School

Masthead Volume 9

Notre Dame Journal of International & Comparative Law

No abstract provided.


Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen 2019 Transitional Justice Institute at Ulster University, Belfast, UK

Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen

Notre Dame Journal of International & Comparative Law

The International Criminal Court (ICC) is currently conducting a preliminary examination of the situation in Palestine, involving allegations against Israeli authorities and military personnel as well as what the Prosecutor refers to as “Palestinian armed groups.” The preliminary examination creates a framework for advancing accountability norms in the Palestinian context and globally for international crimes committed by States with significant resources. However, the road to accountability is anything but straightforward. Indeed, several challenges relating both to the applicable legal framework and broader policy issues, could delay—or potentially even undermine—the accountability process, if not properly understood and managed. One ...


Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr. 2019 Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State

Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr.

Notre Dame Journal of International & Comparative Law

Internal displacement, especially of children, is a common consequence of armed conflict. Children who become internally displaced as a result of armed conflict face significant trauma due to their vulnerability, in addition to the fact that many of them lose their parents before being moved to internal displacement camps. Moreover, the conditions of some of these camps are not favorable and may affect children’s health and wellbeing. Internally displaced children therefore need protection and care by the national governments of affected countries, with support from the international community. However, Nigeria has not effectively protected children who have been displaced ...


The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna 2019 Global Public Policy Institute, Berlin

The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna

Notre Dame Journal of International & Comparative Law

Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol ...


Funding Mental Healthcare In The Wake Of Deinstitutionalization: How The United States And The United Kingdom Diverged In Mental Health Policy After Deinstitutionalization, And What We Can Learn From Their Differing Approaches To Funding Mental Healthcare, Catherine Ryan Gawron 2019 University of Notre Dame Law School

Funding Mental Healthcare In The Wake Of Deinstitutionalization: How The United States And The United Kingdom Diverged In Mental Health Policy After Deinstitutionalization, And What We Can Learn From Their Differing Approaches To Funding Mental Healthcare, Catherine Ryan Gawron

Notre Dame Journal of International & Comparative Law

Deinstitutionalization was a mass movement away from institutional-focused mental healthcare in the mid-to-late twentieth century, which changed the dynamic of mental healthcare service provision in both the United States and United Kingdom. This Note analyzes the history and effects of deinstitutionalization on subsequent mental healthcare policy in those two nations, highlighting the key role of funding in shaping the success of mental health policy and programming.

The focus on mental healthcare funding structures provides a lens to analyze the differences in financial funding, resource allocation, infrastructure development of community-based or alternative care services, and government and social support of mental ...


Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell 2019 University of Notre Dame Law School

Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell

Notre Dame Journal of International & Comparative Law

This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.


Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg 2019 John Marshall Law School

Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg

Marc D. Ginsberg

The source of the applicable standard of care in a specific medical negligence claim is multifaceted. The testifying expert witness, when explaining the applicable standard of care, “would draw upon his own education and practical frame of reference as well as upon relevant medical thinking, as manifested by literature, educational resources and information available to practitioners, and experiences of similarly situated members of the profession.” Accordingly, in typical medical negligence litigation, the plaintiff’s expert witness testifying regarding the existence of and the defendant-physician’s deviation from the standard of care would be a physician. Why, then, have courts permitted ...


Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall 2019 Selected Works

Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall

Jennifer Bennett Shinall

Just how important is a good attorney? Can a skillful attorney actually change the verdict? More importantly, in criminal trials, can a good defense attorney let guilty people go free, or can a good prosecutor send innocent people to jail? Every day, as more highprofile defendants find themselves in court, the anecdotal evidence of this attorney skill effect continues to mount. Yet no one has decisively answered these questions-not only for high-profile defendants, but for the everyday defendant as well. This Note will argue that a skillful defense attorney is not as powerful as popular opinion would lead us to ...


Intersectional Complications Of Healthism, Jennifer B. Shinall 2019 Selected Works

Intersectional Complications Of Healthism, Jennifer B. Shinall

Jennifer Bennett Shinall

For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably serve as a critical first step in increasing their legal protections in the workplace. Moreover, to the extent that such legislation would also operate outside the workplace, it could expand legal protections even for individuals who presently enjoy coverage by disability and genetic discrimination laws solely inside the workplace. Yet, as this article has argued, simple healthism-discriminatory animus based solely on health-may be surprisingly rare. Existing ...


Less Is More, Jennifer B. Shinall 2019 Selected Works

Less Is More, Jennifer B. Shinall

Jennifer Bennett Shinall

Eradicating discrimination is a lofty goal, ard since the second half of the twentieth century, the United States has largely relied upon the legal system to achieve this goal. Yet a great deal of scholarship suggests that the legal system may not always do a credible job. Scholars have documented multiple instances of discrimination laws' inaccessibility to discrimination victims individually and inability to improve the labor market prospects of victims as a whole. Still missing from the literature, however, is an assessment of what separates effective discrimination laws from ineffective ones. This Article fills this gap, using both qualitative and ...


The Pregnancy Penalty, Jennifer Bennett Shinall 2019 Selected Works

The Pregnancy Penalty, Jennifer Bennett Shinall

Jennifer Bennett Shinall

No abstract provided.


Travelers Insurance: New Support For The Argument To Restrain Erisa Pre-Emption, Karen A. Jordan 2019 Selected Works

Travelers Insurance: New Support For The Argument To Restrain Erisa Pre-Emption, Karen A. Jordan

Karen A. Jordan

In recent years, courts have applied the Employee Retirement Income Security Act of 1974 ("ERISA ") to pre-empt an increasingly wide scope of state laws, with the effect of limiting remedies of plan participants and beneficiaries and frustrating state health care reform efforts. Professor Jordan argues that the recent Supreme Court decision in New York State Conference of Blue Cross & Blue Shield v. Travelers Insurance Co. is a signal from the Court that ERISA pre-emption should be applied more narrowly. She first analyzes the Court's prior pre-emption decisions and identifies delimiting language unheeded by lower courts. She then explores the ...


The Emerging Use Of A Balancing Approach In Casey'S Undue Burden Analysis, Karen A. Jordan 2019 Selected Works

The Emerging Use Of A Balancing Approach In Casey'S Undue Burden Analysis, Karen A. Jordan

Karen A. Jordan

No abstract provided.


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