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Politics and School Libraries, Legal Challenges and Impacts
Get PDFThis article begins by exploring the tensions between public opinion, education, and political conflicts, focusing on how these dynamics shape current debates. It then examines the rising trend of book banning legislation across various states and the constitutional challenges these laws face. Finally, the analysis considers the broader implications of these actions on students, educators, and society, highlighting the potential consequences for the future of education and democratic engagement in the United States
Protecting Students’ Right to Listen by Statute
Get PDFThis article argues that First Amendment challenges to book bans in public school libraries, based on the right to receive information, are unlikely to succeed. Even if such bans clearly violate students\u27 rights, constitutional litigation is slow and unpredictable, and courts may not consistently support these challenges. Therefore, instead of relying solely on litigation, opponents of book bans should pursue legislative change. The paper proposes a model statute that advocates and legislators can use to ban book bans. It also acknowledges the complexities of terminology and scope, defining book bans as decisions to restrict or remove materials from school libraries, while focusing specifically on the First Amendment implications and excluding other constitutional protections or curriculum-based decisions
School Choice & Religious Discrimination: A Story of the Illusory Wall of Separation, Sour Lemon Tests, and Overgrown Baby Blaines
Get PDFThe significance of elementary school education in shaping a child\u27s future, and the success of society, is immeasurable. The free public school system is built on the premise that every child deserves to have the equal opportunity to learn and succeed. However, this system overlooks the millions of children attending private schools due to their religious and moral convictions. This note delves into the imperative of ensuring universal access to quality elementary education for every child, irrespective of their family\u27s religious affiliations or preferences for private schooling, highlighting the constitutional imperatives of ensuring that every child has the opportunity to receive a comprehensive and secular education, regardless of their family\u27s religious convictions
Yes, Low-Income People Do Move
Get PDFOne answer to the American housing affordability crisis is for municipalities to allow more housing to be built. Some argue, however, that new housing does not benefit people who seek to remain in their current residence, and that this group is disproportionately poor and/or minority. This article critiques the latter view, pointing out that lower-income households are actually more likely to move because of financial instability
Medical Taking of Human Biological Material v. Traditional “Art Looting”: Henrietta Lacks and the Complex Ethical and Legal Liability Questions Raised by Her Unfortunate Case
Get PDFDuring a poignant saga of American history, Henrietta Lacks stands as an emblem of both scientific triumph and ethical controversy. In 1951, Mrs. Lacks, a tobacco farmer and mother of five, visited Johns Hopkins Hospital for treatment of what was later discovered to be advanced stage cervical cancer. Her doctors treated her with radium, which was standard practice at the time. However, Mrs. Lacks’s cancer rapidly metastasized and she ultimately passed away just months later on October 4, 1951, at the age of 31. During the course of her treatment, Mrs. Lacks’s cells were non-consensually removed for purposes of scientific research. The cell line, coined “HeLa cells,” have in many ways immortalized Mrs. Lacks, playing an instrumental role in numerous medical breakthroughs, including the development of Covid vaccines. Despite the immense contributions her cell line made to scientific research, Mrs. Lacks and her family never received acknowledgement or compensation for the non-consensual taking and continued usage of HeLa cells. Decades later, her family filed a lawsuit against Thermo Fisher Scientific, seeking damages in profits gained from the commercialization of her cell line. This article explores the legal precedent governing the ownership of human biological materials and compares them to cases involving entrusted goods and stolen art. It scrutinizes the hurdles encountered by the Lacks family in their quest for accountability and compensation. Ultimately, the Lacks family settled with the biotech giant, sparking discussions about the ethical implications of using human biological materials in research and the need for greater protections of patient rights
International Arbitration of SEP FRAND Royalties
Get PDFStandard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes
“It’s the End of the World as We Know It” –Redrafting Amendment to Federal Rule of Criminal Procedure 26 to Allow Remote Testimony
Get PDFDuring the COVID-19 pandemic, when society fought an aggressive and deadly virus, our connection to the outside world became predominantly virtual. Videoconference technology became essential in state and federal civil judicial proceedings. In light of the unprecedented challenges presented by the pandemic and its long-lasting impact on the criminal justice system, this Article argues for amending Federal Rule of Criminal Procedure 26 to permit remote witness testimony when a witness is unavailable
AI as a Tool for Education Equity: A Review of Recent Literature
Get PDFThis article addresses the challenges faced by one in five children in the United States who have learning or thinking differences, disabilities, or disorders. Despite existing resources like Individualized Education Plans (IEPs) and 504 plans, many students with learning disabilities struggle due to insufficient personalization, limited teacher support, and inadequate funding. The article explores the potential of Artificial Intelligence (AI) to enhance current educational resources and better support these students. It provides an overview of common learning disabilities and existing support mechanisms, followed by a discussion of the ethical implications of AI in education from four scholars. The article then contrasts these concerns with how AI can improve educational outcomes for students with learning disabilities, concluding with the author\u27s personal experience with AI tools in education. Ultimately, the article advocates for the integration of AI as a tool to bridge the resource gap and improve the educational experience for students with learning disabilities
The Author-Ity of AI: Navigating the Legal Landscape of Artificial Intelligence Authorship
Get PDFThis Article discusses the problems that arise when trying to protect works that involve generative AI. It will detail how authorship currently is interpreted under U.S. law and how the courts and the U.S. Copyright Office interpret the authorship requirement. This Article will also present some practical tips on how to navigate current U.S. law and obtain a copyright registration