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Staying a Jane Doe Post Dobbs and Roe: The Risk Modern Technology Poses with Archaic Abortion Restrictions
No full textDobbs v. Jackson Women’s Health Organization sent shockwaves across the nation, overturning years of precedent and marking a pivotal moment as Roe v. Wade receded from current legal standing. This consequential abortion case immediately ignited controversy, prompting states to swiftly enact laws prohibiting abortion. Beyond the immediate implications for the health and safety of those seeking abortions, the new legal landscape poses additional risks. Since the era when abortion was last illegal, rapid technological advancements have transformed the American societal landscape, resulting in daily surveillance of its citizens. The convergence of technological progress, societal dependence on technology, and the absence of robust data privacy laws presents a distinctive challenge to reproductive rights. This paper delves into the technological landscape preceding Roe, explores significant developments since 1970, and examines the potential ramifications for reproductive freedom. The unique risks arising from data collection and easy access to information are particularly pronounced in states with recently implemented anti-abortion legislation
200 Meters
No full textTuesday, March 5, 2024 | 7:45 PM | Browning Cinema in Debartolo Performing Arts Center
Middle Eastern Law Students Association & Student Voices for Palestine are screening the movie 200 Meters in the Browning Cinema on campus.
For tickets (they\u27re free) please use this link to reserve. Drinks and refreshments are also covered!https://scholarship.law.nd.edu/ndls_posters/1816/thumbnail.jp
The Unregulated Digital Playground: Why Kids Need Right of Publicity Protections from Their Parents
No full textAs social media continues to become more prevalent in society, profitability on social media platforms continues to increase. Parents have discovered ways to profit online by using their children in content to gather views, therefore taking advantage of their children\u27s right of publicity. While some parents use this profit to raise their children, there is no guarantee that children benefit from their parent\u27s use of their name, image, or likeness. Since social media is still a relatively new space, there are not many protections for the interests of children on social media compared to other areas such as child acting. This Note discusses the importance of protecting a child\u27s right of publicity and proposes legislation for Georgia after discussing other states and one nation that have attempted to do so. More specifically, this Note argues that a portion of a parent\u27s earnings online from content involving their child should be placed in a trust for the child upon the age of majority if the content meets a specified threshold
Real Estate Law Association Welcomes: Starr Associates
No full texthttps://larc.cardozo.yu.edu/flyers-2023-2024/1119/thumbnail.jp
Disharmony in Patent Law: A Comparative Study of Patent Eligibility of Biological Subject Matters Between China and the United States
No full textDisharmonies in intellectual property rights have led countries, like China and the U.S., to implement patent laws tailored to their unique culture, values, and goals while complying with international treaties. China\u27s exclusion of treatment and diagnosis methods from patent protection prioritizes healthcare accessibility, whereas the U.S.\u27s allowance of patentability fosters medical innovation. Similarly, China\u27s exclusion of animal and plant patentability aligns with cultural and agricultural values, emphasizing resource accessibility and food security. Protecting genetic resources poses challenges, with China aligning its patent law proactively with the CBD principles and the U.S. prioritizing unrestricted access. China\u27s approach to human stem cell patentability reflects Confucian values, safeguarding human dignity, while the U.S. focuses on excluding judicial exceptions. As cultures evolve, China must continually assess its patent law to strike a balance between cultural values, societal needs, and technological progress. Compulsory licensing is proposed as a promising avenue to harmonize biological subject matter eligibility, encouraging innovation while preserving cultural heritage and fostering cooperation
Adolescents in the Justice System: A Progress Report on the Restatement of Children and the Law
No full textProfessor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law,1 has often observed that the nation’s widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in and guided by evolving knowledge about adolescent development; and (2) youth-serving institutions, including the justice system, must collaborate to erase substantial racial disparities in intervention, discipline, and punishment.2 This Symposium will explore the current draft of the Restatement of Children and the Law with a focus on these two policy imperatives.
Two uniquely qualified and accomplished experts have agreed to comment on the current draft of the Restatement from the perspectives of adolescent development and racial equity. First, Thomas Grisso, Emeritus Professor of Psychiatry at the University of Massachusetts Medical School, addresses the proposed Restatement’s approach to the assessment of adolescent decisional capacity, a pivotal feature of the law’s evolving effort to ground the law in advancing knowledge about adolescent development.3 Second, Kristin Henning, Blume Professor of Law at the Georgetown Law Center, reflects on the profound challenge our legal system faces in the effort to achieve unbiased, fair, and effective responses to youthful offending.4 My assignment is to respond to their respective critiques and proposals
Comment on Part 4 Essays: Goodwin and Dailey and Rosenbury
No full textProfessors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law,1 dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs,2 focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization,3 overturning Roe v. Wade.4 In her essay, Goodwin explores the harms that will follow if minors’ right of access to abortion, contraception, treatment for sexually transmitted infections and other care is cut off.5 Dailey and Rosenbury engage with §§ 18.10 and 18.11, dealing with minors’ right of free expression in their essay, Beyond Home and School.6 Building on arguments against strong parental authority they have developed in earlier work, they challenge the Restatement’s position recognizing parents’ authority to limit their children’s access to speech, focusing particularly on social media.7
This Comment begins by briefly describing Part 4 of the Re- statement, which includes diverse regulation dealing with the law’s direct relationship with children, not mediated (primarily) through the institutions most relevant to children’s experience—the family, the public school, and the justice system. It hen reviews the two essays on Part 4, turning first to Goodwin’s essay and then to Dailey and Rosenbury’s essay. Finally, I suggest that the two essays, while they address very different legal issues, are in conversation with one another. Goodwin’s essay is a cautionary tale on the risk of giving the state (and particularly the political branches) greater authority to decide what is harmful to children, as Dailey and Rosenbury’s proposal would seem to do