7184 research outputs found
Sort by
The Public Health Administrative State Under Fire: Restoring Trust in the CDC and FDA (CDC and FDA Panels)
No full text
First, Do No Harm: Prioritizing Patients Over Politics in the Battle Over Gender-Affirming Care
Get PDFThe medical community’s move to reclassify gender dysphoria as a condition that results in distress rather than a mental disorder has been instrumental in destigmatizing transgender people. However, state laws that aim to strip physicians of their ability to prescribe gender-affirming care, along with physicians’ refusal to comply with federal regulations requiring access to gender-affirming care, threaten to undo those gains. Opponents of gender-affirming care attempt to wield the concept of medical judgment as both a sword and a shield—preventing physicians from exercising their medical judgment to provide gender-affirming care while simultaneously allowing physicians to abstain from providing it. Although the available research does not point to any one specific mode of treatment that is perfect for everyone, there is a consensus in the medical community that family acceptance and access to care are critical for the mental health of children experiencing gender dysphoria. Although lawmakers should ultimately leave a patient’s specific course of treatment to physicians who specialize in gender-affirming care, the legal community can still play a vital role by removing barriers that limit access to care
The Lawyer\u27s Duty of Tech Competence Post-COVID: Why Georgia Needs a New Professional Rule Now—More Than Ever
Get PDFThe American Bar Association (ABA) promulgates the Model Rules for Professional Conduct (Model Rules), which prescribe the behavior with which lawyers must comply in demonstrating competency to practice law. In 2012, the ABA updated Comment 8 to Model Rule 1.1 to require maintaining competence in the “benefits and risks associated with relevant technology,” also known as a lawyer’s “duty of technological competence.” A decade later, the majority of state bar associations have adopted and implemented this language. Georgia, however, remains among the last ten states that have not yet formally adopted the duty of technological competence. The COVID-19 pandemic forced most legal work online, and judges, lawyers, and their clients adjusted to this new normal. With the drastic rise in remote work, no reasonable dispute remains as to whether lawyers should be subject to a duty of technological competence, although questions arise about how this duty should be defined post-pandemic.
This Note argues in favor of Georgia’s adoption of the duty of technological competence, proposes changes to the comments accompanying the Georgia Rules of Professional Conduct, and provides practical advice for legal practitioners and their technology departments
HB 129 - Expanding Temporary Assistance for Needy Families to Low-Income Pregnant Women
Get PDFThe Act extends aid from the Temporary Assistance for Needy Families (TANF) program to low‑income, pregnant women, broadens the definition of family under TANF, and removes the family cap originally imposed under TANF
Strengthening Our Intuitions About Hacking
No full textThe computer trespass analogy has served us reasonably well as a basis for cybersecurity policies and related anti-hacking laws, but computers, and our uses of them, have changed significantly in ways that can stretch the computer trespass metaphor beyond usefulness. This Essay proposes an approach to expanding and strengthening our intuitions about computer security that accounts for new computing paradigms, giving courts and lawmakers additional tools for interpreting and drafting effective anti-hacking laws.
This Essay argues that many new and existing computer use scenarios leave courts unsure how existing anti-hacking laws might apply, increasing the possibility of under- or over-inclusive policies as well as uneven applications of these laws across jurisdictions. Improving our common understanding of computer security challenges can help courts reason more soundly about the laws and policies that apply to these challenges, and can also help lawmakers draft cybersecurity legislation that more accurately reflects their policy goals. This Essay develops a new model for thinking about problems in cybersecurity law by borrowing concepts from the field of vulnerability theory with the aim of augmenting our existing computer trespass theorie