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Rank and File: The Depth of “Officer” Under Section Three of the Fourteenth Amendment
No full textIn the aftermath of the American Civil War, the Republic faced a monumental task: extending full citizenship and constitutional rights to nearly four million recently emancipated persons while healing deep wounds from the destructive conflict. Thus, in 1866, Congress passed a series of prescriptive measures for the nonagenarian nation through the Fourteenth Amendment. Amid this “Second Founding,” the amendment’s various sections established a number of well-known rights and privileges for both citizens and government that form critical pillars of American legal tradition: complete naturalization for those born in the territorial United States, apportionment of representation within the House of Representatives based on each person, and authorization for Congress to enact legislation to ensure the rights and privileges of the amendment
Regulating the Psychedelic Renaissance: FDA’s Critical Role in the Push for Scheduling Reform to Expand Research into Psychedelic Medicines
No full textThough Indigenous communities have used psychedelics in a medicinal capacity for centuries, their use in the United States has remained largely illegal since the 1970s as a result of the War on Drugs. In recent years, however, the broader sociocultural and governmental attitudes toward psychedelics have started to shift, leading to a greater push for legislative and regulatory reform—a phenomenon described as the psychedelic renaissance
Whack-A-Drone: Examining the Effectiveness of U.S. Export Controls on Semiconductors and Other Components Used in the Production of Unmanned Aerial Vehicles
No full textThe use of drone warfare is taking center stage in armed conflict due to recent innovations in drone technology. The Russian war in Ukraine, one of the most significant and well-documented international armed conflicts of the twenty-first century, marks the highest number of airborne drones (known as unmanned aerial vehicles, or UAVs) that have ever been used in a military confrontation
FDA v. Alliance for Hippocratic Medicine and the Future of Mifepristone Access
No full textMifepristone and misoprostol comprise the FDA-approved two-drug medical abortion regimen that is currently the primary method by which pregnant Americans access abortion. These two drugs are also often used in combination off-label for miscarriage care. On June 13, 2024, in FDA v. Alliance for Hippocratic Medicine, the Supreme Court of the United States issued a unanimous decision, holding against a conservative physicians’ organization that was seeking to increase the barriers to obtaining mifepristone or to withdraw the drug from the market altogether. Rather than reaching the merits of the dispute, the Court decided that the challengers lacked “standing” – the ability to be a proper plaintiff to bring the case -- in the first place. The organization formally withdrew its claims in November 2024. Consequently, at least for the time being, physicians will not have to rely on misoprostol alone for abortion and miscarriage care. Nevertheless, the future availability of mifepristone remains precarious; the courts or the incoming Trump administration could still inhibit or even block access to the drug. In this Commentary, we explain the Supreme Court’s decision, its impact on the longer course of the litigation, and why litigation and executive branch threats to mifepristone remain
Presentation Work in progress, Overs and Under(achieving) – Crypto, Sports Betting, and the Endangerment of Black Wealth
No full textAnnually, ILE hosts a full day workshop that offers junior faculty the opportunity to obtain feedback on work in progress from scholars and practitioners with relevant subject matter expertise
The American People and the Medical Establishment: A History of Mistrust
No full textLearn Serve Lead is the AAMC’s premier annual gathering, where forward-thinking dialogue, collaboration, and knowledge-sharing fuel innovation and drive transformation in health, health care, research, and education. Here, leading minds reignite their passions for improving health, forge new partnerships, and shape how we train tomorrow’s doctors and scientists
WIPO Good Practice Toolkit for Collective Management Organisations 2021: Suggestions for Possible Amendment
Get PDFDrawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders\u27 ability to make their work available via open access, ensuring that licenses granted by CMOs do not override existing L&Es, and ensuring that CMOs are entitled to a single equitable remuneration without requiring that AI companies to seek authorisation from CMOs for the direct or indirect use of copyright-protected works
Progress and the Taking of Indigenous Land
Get PDFThe taking of Indigenous land in furtherance of other societal goals is so ubiquitous and so fundamental to the American project that sometimes acts of dispossession are not even recognized as such. This Article argues that the generally accepted understanding of Hawaii Housing Authority v. Midkiff, a key case of the American takings law canon, is wrong because it overlooks Native Hawaiian claims to the land taken. Hawai‘i’s Land Reform Act allowed tenants a right to purchase land over the objections of the owner of the underlying property and in Midkiff the U.S. Supreme Court said that states had the right to use their eminent domain authority in such a way. The common understanding of the case is that it is a progressive victory, an example of how government can fight back against inequality and the power of large landowners. But beneath the surface, this Article argues, the case is really about dispossession. By showing how land reform predictably worked to transfer Indigenous land to upper class, relatively wealthy tenants, the Article situates Midkiff within a long history of taking Native land in order to accomplish progressive ends. By seeing Midkiff for what it is—a judicially authorized taking of Indigenous land—the significance of the case within the Property and Indian Law cannons can be more fully appreciated. Indigenous peoples are often forced to pay—in the form of diminishment of their property rights—for progressive victories, with their losses swept under the rug by courts and scholars alike. The Midkiff decision is part of a pattern of treating the property rights of Indigenous peoples as impediments to progress
