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A Contemporary Analysis of the Competition Between Athlete-Agents in the NIL Era and a Proposed Amendment to the Sports Agent Responsibility and Trust Act (SPARTA)
Full text linkBeyond Medicaid Expansion: Addressing the Sexual and Reproductive Health Crisis in Rural Appalachia
No full textIn addition to negatively impacting abortion access, the decision
in Dobbs v. Jackson Women’s Health Organization has forced many
clinics in rural Appalachia that previously provided access to holistic
sexual and reproductive health services, such as contraception
management, sexually transmitted infection (STI) testing, and preventative
cancer screening, to close their doors entirely. This has left
many Appalachians living in rural communities with no option for
accessing sexual and reproductive healthcare. However, many people
were never able to access the care even before the recent provider
shortage due to a lack of adequate insurance coverage. This
article explores how Medicaid expansion can work alongside modified
telehealth policies and scope of practice laws for Certified
Nurse Midwives (CNMs) to address the sexual and reproductive
health crisis in rural Appalachia
Addressing Educational Inequality in the United States: A Comparative Approach to the European System
Full text linkThis study compares educational inequality in the U.S. and Europe. Utilizing a comparative approach based on the Positive Obligations of the European Convention on Human Rights and the Fourteenth Amendment to the U.S. Constitution, we expand on social contexts and objective facts to address how the U.S responds to educational inequality issues in contemporary constitutional interpretation (digital transformation and disparity, for example). We examine emerging issues in social change and expectations and discuss the rationale for constitutional legal norms to explain how these contribute to constitutional change. We suggest that the nation’s confrontation with educational inequality should be guided by a positive obligation rationale based on the affordability of quality education, highlighting current problems facing the U.S. and proposing practical suggestions for the right to equality in education
Schrödinger’s Dissent: The Hybrid Authority of a Dissenting Opinion
Full text linkA dissenting opinion is the Schrödinger’s cat of authorities: both the law and not the law simultaneously. Courts and scholars often clarify that a dissenting opinion is not binding. Outside the universe of precedent, that authority defies easy description. Emerging from the pen of a judge wearing a black robe and acting in an official capacity, a dissenting opinion exhibits the form of the law. Yet, beneath that lofty sheen, a dissent exhibits the substance of commentary. A dissenting judge writes to undercut the law, providing a case law coda. This Article describes the traditional categories of authority, primary and secondary, and argues that a dissenting opinion inhabits a hybrid category. As primary authority, a dissent enjoys the same rhetorical leeway as other opinions; as secondary authority, a dissent is an untethered critique of the law. Over the years, dissenting opinions from the Supreme Court provide enduring examples of a dissent’s mix of primary and secondary authority
Name, Image & Likeness: Three Words That Ended Amateurism Under the NCAA -- And the Unforeseen Tax Consequences
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