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Privacy Is the Price to Pay to Be a College Athlete: Drug Testing & Mandatory Consent to Information Disclosures Revisited After Alston
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Access Denied: Accessibility and the Law of Telehealth for People with Disabilities
No full textThis paper delves into the critical issue of healthcare accessibility for individuals with disabilities, as explored by Dr. Laura C. Hoffman in her comprehensive analysis. The document sheds light on the definition of disability within the healthcare framework and elucidates the existing healthcare disparities faced by individuals with disabilities. Dr. Hoffman emphasizes the pivotal role of telehealth in bridging the accessibility gap and advocates for the integration of disability-specific training for medical professionals. Furthermore, the paper underscores the necessity of incorporating accommodations such as sign language interpreters and speech-to-speech translators into standard clinical workflows to ensure equitable healthcare access. By examining the intersection of telehealth, disability law, and healthcare policy, this paper offers valuable insights and recommendations for enhancing healthcare accessibility and inclusivity for individuals with disabilities. [Abstract generated by AI
ACS selects Allyson McBride as Next Generation Leader
No full textThe American Constitution Society has named Indiana University Maurer School of Law second-year student Allyson McBride a Next Generation Leader—one of 34 across the United States—the organization announced April 11.
She is the third Indiana Law student in as many years to earn the prestigious recognition
Deadly Journeys: Climate Change, U.S. Border Enforcement, and Human Rights
No full textExtreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal questions regarding U.S. obligations under international and domestic law to protect asylum seekers, mitigate climate-related risks, and uphold the rights of noncitizens within its borders. It probes the extent to which U.S. policies may subject impacted individuals to the risk of forced return, or refoulement, to places where their lives and safety are at risk, contravening international legal norms. It also examines the extraterritorial reach of U.S. immigration enforcement efforts. In addressing these questions, this Article underscores the urgent need for safe and regular migration pathways to protect people on the move from the intensifying effects of climate change
Dark Oro y Plata in Montana: The Green Amendment\u27s Defense of Campaign Finance Transparency
No full textIn the post–Citizens United dark money age, state disclosure regulations are the last line of defense for citizens to learn who is behind unlimited independent expenditures and electioneering communications flooding their states. Underpinning the ability of state governments to promulgate such transparency measures are the informational benefits provided to the public. However, the Supreme Court’s decision in Americans for Prosperity Foundation v. Bonta to invalidate a California disclosure regulation on dark money groups, marks disclosure regulations—the Court’s repeated fallback when striking down more robust campaign finance regulations—with a bull’s-eye. In the face of repeated legal challenges to disclosure regulations, advocates for transparency should conceptualize the scope of the informational interest more broadly to encompass not only the interests of voters, but also the interests of states in upholding state constitutional rights dependent on disclosure information. States like Montana, which have affirmative duties under their constitutions to protect the right to a clean and healthful environment, also known as “green amendments,” have a compelling interest in upholding disclosure provisions because such protection hinges on the information provided by campaign finance disclosures
Fair Use v. Free Use: A Comparative Study of American and Russian Copyright Exemptions
No full textMany U.S. lawyers are under the well-deserved, but still not entirely accurate, impression that copyright infringement in Russia is a huge free-for-all. This comparative paper, which juxtaposes Russian and American copyright exemptions, seeks to partially refute that skeptic view by showing that, in fact, Russian copyright law has developed a relatively coherent system of exceptions and limitations to exclusive rights. This paper begins with a brief overview of Russian copyright law and general remarks on its exemptions. It then focuses on statutory and, where appropriate, case-law comparison of particular copyright exemptions in the Part 4 of the Russian Civil Code and the U.S. Copyright Act. The paper is summed up with a Conclusion and an Appendix containing a comparative chart on Russian and American copyright law exceptions and limitations
