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Access to Education: Protecting Students with Disabilities by Decriminalizing Behavior
Get PDFContrary to international human rights standards, laws that criminalize disorderly and disruptive behavior in schools neglect the needs of students with disabilities. These laws lead to the exclusion of students with disabilities from educational settings and are applied unfairly against them. This Article will first look at state statutes and school policies that grant broad discretion in determining when and how to exclude students from learning opportunities through suspensions, expulsions, and referrals to law enforcement1. Understanding the use of these statutes against students within the context of the data on school discipline rates for students with disabilities shows the disproportionate exclusion of students with disabilities
The Collateral Effects of Reproductive Restrictions: Dispensing Methotrexate Violates Arizona, Arkansas, Louisiana, and Missouri\u27s Public Accommondation Laws
Get PDFIn 2022, Annie England Noblin routinely went to her local pharmacy to pick up her prescription for Methotrexate, which she used to manage her rheumatoid arthritis. When Noblin attempted to pick up her medication in July 2022, the pharmacist informed her that Walgreens changed its policy regarding Methotrexate after the Supreme Court’s decision to overturn Roe v. Wade led to thirteen states enacting abortion trigger laws
Natural Resources In the Arctic: The Equal Distribution of Uneven Resrouces
Get PDFThis paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea
A Copyright-Relevant Primer on Generative Artificial Intelligence
No full textWhat are the the specific legal issues presented by generative artificial intelligence under US copyright law? This question is considered in this presentation by Professors Mike Carroll and Charles Duan at a conference hosted by the Program on Information Justice and Intellectual Property at American University on 29 September 2023. Modern copyright law arose when existing modes of regulation for information technology proved inadequate to meet the challenge of transformative information technology. Over the last 200 years, by contrast, the copyright system has met other such challenges – from the rise of electronic mass media to the digital turn in expression, more or less successfully – often by adapting or even fictionalizing existing doctrine. Now, we are asked to consider what adjustments may be required to accommodate Generative Artificial Intelligence, the next new technology to challenge the doctrinal paradigm of copyright. Michael W. Carroll is Professor of Law and Faculty Director of the Program on Information Justice and Intellectual Property (2009 – present). He teaches and writes about intellectual property law and cyberlaw. Professor Carroll\u27s research focuses on the search for balance in intellectual property law over time in the face of challenges posed by new technologies. His research includes projects about the social costs imposed by one-size-fits-all intellectual property rights and about the history of copyright in music. Charles Duan is Assistant Professor at PIJIP. He designs and manages research projects at the intersection of intellectual property and public interest policy. His current research is focusing on the impact of patent law on generic drug availability and scientific research, computer software copyrights, and competition and interoperability in digital markets
On the Appeal of Drug Patent Challenges
Get PDFAdministrative patent challenge proceedings, the most prominent form of which is inter partes review, have attracted much controversy. In particular, the pharmaceutical industry and its supporters have criticized the proceedings as unfairly biased toward canceling valuable drug patents. Yet there has been little study of the real-world, practical impact of these administrative proceedings on drug patents or pharmaceutical markets.
This Article reviews the universe of administrative challenges on drug patents that have proceeded through appeal to the Federal Circuit. The majority of patents challenged this way are deemed unpatentable at both the agency and appellate levels, and, that administrative cancellation of drug patents is regularly followed by subsequent generic drug competition and reduced drug prices—over 97% savings in some cases, on blockbuster prostate cancer and heart, disease drugs. The reviewed cases suggest, that these effects are not due to bias against patents, but rather because of the expertise of administrative adjudicators and the remarkably low quality of the drug patents challenged. Indeed, nuanced aspects of these administrative proceedings, particularly at the appellate level, in fact are biased in the opposite direction—against patent challengers. These findings suggest that inter partes review and other administrative challenge proceedings likely serve an important purpose for lowering the costs of medicines, and those proceedings could potentially be improved
When Amicus Curiae Briefs are Inimicus Curiae Briefs: Amicus Curiae Briefs and the Bypassing of Admissibility Standards
Get PDFAmicus curiae briefs are being submitted at historically high levels by a range of individuals and entities, and there is compelling evidence that these briefs are highly influential in judicial decision-making, including in the Supreme Court of the United States. Although amicus curiae briefs have been an ingrained aspect of the U.S. legal system for hundred-plus years, various legal scholars, researchers, commentators, and judges, including Supreme Court Justices, have raised concerns about their use, including that amicus curiae briefs contain redundant information and often function as advocacy tools. This Article addresses an aspect of amicus curiae briefs that has received little attention but that raises fundamental concerns—i.e., amicus curiae briefs often include expert information that has not been subject to the same procedural safeguards as expert evidence admitted at trial. Given the documented persuasiveness of amicus curiae briefs in judicial decision-making, the inclusion of unvetted and potentially inaccurate, misleading, or mischaracterized expert information is a significant concern. This Article: (a) discusses the historical development, governing rules, and current use and influence of amicus curiae briefs; (b) distinguishes between lay evidence and expert evidence, with a focus on the evidentiary rules that govern the admissibility of expert information; (c) describes how amicus curiae briefs bypass traditional admissibility standards for expert information; and (d) offers suggestions to regulate the use of amicus curiae briefs in an effort to prevent the submission of amicus curiae briefs in certain contexts, change how courts view amicus curiae briefs, and minimize the likelihood that amicus curiae briefs contain inaccurate or misleading expert information
Family Law: Cases, Comments, and Questions
No full textThe Ninth Edition of this popular and manageably sized casebook retains the general structure of the prior edition, with its emphasis on practical skills, comparative material, and diverse geographic coverage. This edition features transformative updates in the field, such as Dobbs v. Jackson Women’s Health Org., the 2017 Uniform Parentage Act, systemic critiques of the child welfare system, the Uniform Cohabitants’ Economic Remedies Act, and the regulation of assisted reproductive technologies.
The goal of this edition is to meet the needs of students preparing for the evolving practice of family law. Problems reflect current, diverse, and pluralistic family formation grounded squarely in supporting students acquiring “bread and butter” lawyering skills. The text invites students to consider the various skills now needed by a family law attorney, the emotional landscape facing many clients, the differing roles lawyers can play, the cultural competencies needed for practice, and the diverse skills needed to practice family law. These revisions support the trajectory shift toward professional-identity-formation in legal education and NextGen Bar.https://digitalcommons.wcl.american.edu/facsch_bks/1282/thumbnail.jp
The Multi-faceted Legacy of Julian Lew: The Prism of Immunity in International Arbitration
No full textAchieving the Arbitration Dream is a compendium of high-quality contributions providing valuable perspectives and extensive analyses by preeminent arbitration professionals and scholars on a wide range of cutting-edge topics in the field of law, of which Julian Lew is a leader, and in which he remains an outstanding arbitrator and teacher. This exceptional book is a celebration of the multi-faceted legacy of a key figure in the evolution of international arbitration.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1417/thumbnail.jp
Opening Speech
Get PDFGood morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of utmost urgency. In the past few years, various substantive ideas have been developed regarding this pressing problem, this existential problem, in relation to international law. However, there is still much to do. Needless to say, this conference is an important venue for the discussion of this challenge and to contribute with further analyses, including the role that international law could play, and creating a space for the further consideration of this topic in the Americas
An Increased Normalization of IAMs Faces Ground Realities: Lack of Transparency Impedes Access to IAMs
Get PDFThe creation of the Inspection Panel at the World Bank has led to the emergence of a norm that international financial institutions (IFIs) must hold themselves accountable to project-affected people through independent accountability mechanisms (IAMs). AIIB as a 21st century bank reflects this normalization of IAMs. As a new MDB, AIIB’s charter mandates creation of an oversight body that includes the independent accountability mechanism or the Project-affected People’s mechanism (PPM). The PPM is aligned with many features of IFI’s IAMs while incorporating some innovations.
The central question asked by civil society and board members across IFIs is why there are so few complaints to IAMs? Woefully inadequate disclosure of information to project-affected people about the grievance redress mechanisms created under projects and the IFIs own IAMs goes a long way to explain why there may be so few complaints. IFI boards must pay much greater attention to such disclosure of information by requiring management of IFIs to report regularly on such disclosure and empower IAMs to verify proactively the management’s report with regular reporting to the boards. This will empower project-affected people in whose names the IAMs have been created