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CHANCERY COURT DEMONSTRATES WILLINGNESS TO APPLY CONTEXT-SPECIFIC TESTS IN ASSESSING CHALLENGES TO ADVANCE NOTICE BYLAWS
Get PDFLosing Lives Despite “Lifesaving” Exceptions: Examining the Fatal Flaws of Vague Abortion Bans and the Spectrum of Medical Decisionmaking in Cancer Care
Get PDFOn June 24, 2022, the Supreme Court upended decades of precedent pertaining to reproductive health when it held that abortion fell outside the purview of constitutionally protected rights. Since then, conservative states have raced to institute stringent abortion bans, with many lacking explicit exceptions for pregnant individuals enduring medical emergencies that necessitate care. Ambiguous statutory language has induced a chilling effect in the medical arena, where providers risk criminal and civil liabilities by performing requested and medically recommended abortions for emergent patients when fetal development would risk the life of the pregnant individual. Seized in the crossfire of hyperpolarized politics, cryptic laws, and medical ethics, many healthcare providers hesitate to furnish assistance to their patients, invoking risk assessments to gauge whether the patient’s condition falls within the categories of statutorily warranted care. This murky landscape is especially nuanced in an area of medicine that is commonly overlooked by lawmakers: pregnancy-associated cancer. This Note reviews the downstream effects of Dobbs on pregnant cancer patients seeking abortions while simultaneously pursuing oncological treatment plans. First, to provide a foundatinal framework, this Note traces the history of health-related exceptions in antiabortion states. The Note then turns to the modern status of reproductive health restrictions and its consequences for cancer patients. Next, the various approaches promulgated to resolve the fatal ambiguity of state abortion bans will be juxtaposed. Finally, this Note proposes a two-prong solution involving the decriminalization of abortion care under the void-for-vagueness doctrine and promulgation of standards of care that incorporates abortion into recognized cancer treatment plans. This solution aims to ameliorate Dobbsinduced paralysis and augment patients’ chances of receiving necessary care
Beyond NIL
Get PDFThe name, image, and likeness (NIL) changes and shifting landscape obscure more existential threats to the student-athlete model on the horizon. The television money that Power Five conference teams receive still comprises much of the budget of athletic departments. The football and basketball players—-the revenue sport athletes-—may have a claim to a greater share of this revenue.
Some athletes argue that they are employees of their universities, which would entitle them not only to additional benefits but also to other tools, such as collective bargaining. All of these advantages could make universities responsible for increasing the amount of remuneration available to revenue sport athletes. Other athletes are advancing antitrust lawsuits in an attempt to remove the barriers to a free market in order to eviscerate the grant-in-aid limit on remuneration a university can pay to its athletes.
The consequence often ignored in conversations surrounding a future where either or both efforts are successful relates to non-revenue sports—sports that do not generate enough money to cover their expenses. While Title IX protects women’s sports to a degree, the overall consequence of increased compensation for revenue sport athletes will be the diminishment and even loss of many non-revenue sports. This is because revenue sports such as football and basketball largely cover all the costs of non-revenue sports.
This Article maps the current landscape without adopting a normative view. Certainly, a college sports future decided by university administrators and athletic directors remains preferable to one mandated by courts. To that end, this Article offers several different paths to a new status quo in light of the imminent threats of litigation grounded in employment and antitrust law.
Part II of this Article describes the effect of NIL on the pay-for-play conversation. Part III assesses the current litigation in employment and antitrust law. Lastly, Part IV maps some possible responses of universities to this changing landscape
A Different Standard for Different Stages: Why Parties Must Be Allowed to “Invoke the Rule” During Oral Depositions
Get PDFDobbs and the Destabilization of Clinical Trials
Get PDFThis Article explores an important yet overlooked collateral consequence of the U.S. Supreme Court’s elimination of the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization: the destabilization of clinical research. Specifically, this Article focuses on the harms to pregnant persons, persons capable of pregnancy, and persons of color that may transpire as a result of new barriers to clinical research in the aftermath of Dobbs. By hindering clinical research, these new obstacles will exacerbate existing health disparities experienced by these populations, which have historically been excluded from or exploited by the American healthcare and research systems.
This Article provides an in-depth legal analysis of the anti-abortion movement’s new post-Dobbs strategies and how they may fetter clinical research that provides essential knowledge about the effects of medical products on pregnant persons and fetuses. Critically, this Article makes clear that Dobbs was not the anti-abortion movement’s endgame. On the contrary, the anti-abortion movement has continued to mobilize post-Dobbs in pursuit of new legal strategies, including attacking the federal approval of mifepristone, reinvigorating the Comstock Act, and establishing fetal-personhood laws. In the context of clinical research, these post-Dobbs strategies will not only dilute medical knowledge and undermine scientific integrity—they will also disproportionately affect populations already afflicted by glaring health disparities. After cataloging the various ways in which the anti-abortion movement’s strategies will destabilize clinical research, this Article concludes with strategies to combat these pernicious results. Importantly, although this Article focuses on clinical research, it illustrates a broader consequence of the anti-abortion movement’s new strategies: the aggravation of sex, gender, and racial disparities, which must be responded to with comprehensive counterstrategies
Temporary Protection for Ukrainians in the European Union: Why Now and When Again?
No full textIn 2022, the Russian invasion of Ukraine produced an unprecedented wave of temporary immigration protections throughout the European Union (EU). Within the first few months of the war in Ukraine, over 4 million displaced individuals had registered for temporary protection. EU States distant from Ukraine sheltered hundreds of thousands of displaced families, while Poland and other EU States that border Ukraine sheltered more than 2 million. This groundswell response marked a striking departure from just seven years earlier, when the EU Commission and EU Council failed to use readily available laws to provide a temporary protection program for Syrians displaced by civil war. Calls for temporary protection in response to prior migration crises had also gone unheeded.
What can account for this about-face? This Article offers multiple possible explanations for this radically different response: geographical proximity, the perception of a temporary armed incursion across international borders, the predominantly female composition of the war refugees, the existence of a Ukrainian diaspora in EU Member States, visa-free travel for Ukrainians throughout the European Union, and the general absence of racial and religious differences all played a role. Together these factors resulted in an immense display of social solidarity and civic engagement, which, in turn, led to a successful rollout of the first EU-wide temporary protection program since the legislation was enacted in 2001.
This Article argues for the centrality of the role played by civil society to the success of the program addressing the Ukrainian refugee crisis. Private individuals hosted the majority of the displaced in their own homes. Reliance on public shelters for long-term accommodations was minimal. Herein lies a key to successful future deployment of EU-wide temporary protection. Developing networks, both secular and faith-based, to welcome displaced families into private homes will bolster the political will to activate temporary protection when future needs arise. This form of civic engagement will provide social support and integration assistance to those who have fled conflict, endemic violence, and systemic human rights violations. It will relieve some economic and political pressures on governments and improve the odds that EU-wide temporary protection will not be a one-time-only event
Private Governance Comes of Age: Vandenbergh, Light & Salzman’s Private Environmental Governance
Get PDFViscusi Circular A-4 Peer Review Comments
No full textThis working paper provides commentary on my 2023 peer review panel comments on the 2023 Office of Management and Budget (OMB) Circular A-4. The Prologue section introduces my official peer review comments and indicates how the structure of my comments was tailored to the guidelines established by the OMB. The main section consists of my 2023 peer review comments as they were submitted to OMB. I recommended changes in the draft Circular A-4 to increase the discount rate from the 1.7% rate that OMB proposed, to report domestic benefits whenever global benefits are reported, to adopt a behavioral transfer test for use of behavioral economics findings, to update the procedures for estimating the value of a statistical life, and to abandon the proposed distributional weights. The Epilogue to my comments summarizes how the final version of Circular A-4 differs from the draft. The most problematic component of the new Circular A-4 is the OMB distributional weights, which will transform the role of benefit-cost analyses
“Feeding” the Cloud: Reducing Carbon Emissions from Social Media and Streaming Services Through Private Information Disclosure
Get PDFDespite their well-known negative aspects, social media and streaming services have become integral for consumers’ daily entertainment and social connection. Although most users have some idea of these services’ harmful mental impacts, they are typically unaware of the carbon emissions that result from them. This dissonance is not an accident, but rather the direct result of incomplete data and the omission of individual user-level estimates for carbon emissions in private governance reports published by social media and streaming companies. Where these governance reports do include user-level figures, they are not provided in a meaningful way such that users could consequentially alter their behavior to minimize that harm. Though the impact of individual usage may initially seem minimal on a micro-level, minor changes in individual carbon contributions may have substantially positive impacts where numerous consumers implement them on a macro-level; these services benefit from billions of users, thus, seemingly small behavioral changes that reduce usage time can result in notable emissions reductions in the aggregate.
While regulatory actions may retroactively address these consequences, stronger solutions reside in the private sphere through actions like reducing reliance on addictive algorithms, offering paid subscriptions that eliminate or decrease advertisements, and bolstering information disclosure to users through these companies’ internal governance reports. While most adults in the United States are in agreement that environmental concerns are an important national focus, disagreement remains over adequate responses, and many environmentally harmful industries are still economically essential. As a result, attention must be afforded to these widespread energy uses for entertainment sectors and their resulting emissions