The Catholic University of America Columbus School of Law
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Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, and Accountability in Armed Conflict
Get PDFThis article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict
PrEP aring for a Challenge to Government-Owned Patents
Get PDFThe United States Government owns one of the largest patent estates in the world, but it rarely brings suit for patent infringement. To understand why that may be, this paper looks critically at the Government as a patent holder. Specifically, the paper reviews the fundamentals of American patents and explores the intricacies unique to the Government as an entity that both grants and holds patent rights. The paper examines the historical progression of how the United States Government positions itself with regard to its patents, tracing this evolution from Constitutional origins to more recent statutory refinements. Finally, the paper looks at the case of United States v. Gilead Sciences, Inc. as a potential landmark case that could result in a paradigm shift towards the Government’s proactive use of patents to achieve policy goals
Who Determines Majorness?
Get PDFThe major questions doctrine is said to assist courts in identifying whether Congress has delegated authority to administrative agencies. A closer look at the doctrine, however, reveals that it has been used by courts to tell Congress how it can delegate authority. What is more, some textualists have proposed strengthening the major questions doctrine into a revived nondelegation doctrine, which speaks to whether Congress can delegate authority. This Article argues that the major questions doctrine, particularly in its strengthened form, runs afoul of key commitments of textualism
Meaning, Biology and Identity: The Rights of Children
Get PDFSperm and egg donation in the United States is only loosely regulated, and the current regime privileges the anonymity of the adult donor over the child’s right to identity. The majority of people conceived through anonymous donation do not support the practice but find their rights abrogated by contracts made by their intentional and biological parents. Donor reliance on the anonymity guaranteed by those contracts is shifting as at-home genetic testing limits their expectation of privacy, with more biological ties being discovered by children conceived through gamete donation. This Comment explores the child’s right to identity in family law cases, examines alternate regimes of gamete donation, and argues that as donor reliance on anonymity erodes, the child’s liberty interest in the right to identity outweighs the donor’s contractual interest in anonymity
Experience of Interaction Between the UN and Commission on the Status of Women with NGOs
No full textThe United Nations (UN) defines Non-governmental Organizations (NGOs) as a not-for-profit voluntary citizen’s group that is organized on a local, national or international level to address issues in support of the public good. Salamatova created The Ukrainian Women in the UN Project in an effort to expand the participation of Ukrainian women in UN activities and to harness the power of what women can accomplish when they work together. Salamatova spoke about the work she has been doing since the organizations founding in 2017. She spoke about gender balance, the importance of partnering with women, and ways in which the organization has received pushback. Salamatova then answered questions from the group
Shortcomings of the Clean Water Act and Potential for Progress in the Chesapeake Bay
No full textSchisler’s research centered on waterways like the Chesapeake Bay and the effectiveness of the Clean Water Act to address water pollution nationwide. While the Clean Water Act, which was enacted in 1948, provides an outline for preventing further pollution, the administrators and government agencies responsible for carrying out those procedures have not lived up to the Act’s expectations or full capabilities. Schisler laid out several concerns with the functionality of the Clean Water Act, particularly in how it pertains to nonpoint source pollution, before suggesting amendment of several sections within the Act
Abortion and Democracy: Evaluating the Case of Abortion 46 Years Post-Roe
No full textAlvaré noted that it had been a long time since there was substantial democratic debate on the topic of abortion, and now 46 years after the decision in Roe v. Wade, it is time to look at empirical data surrounding the discussion. She then posited arguments used in legal debates, followed by a breakdown of empirical evidence used for each claim.
As the lecture came to a close, the floor was opened up for questions from the audience. Alvaré provided final insights on topics ranging how legal arguments for abortion compare with legal arguments for the right to die and how abortion fits into the international legal conversation
Conversations on the Warren Court\u27s Impact on Criminal Justice: In Re Gault at 50
Get PDFThis Article examines the Supreme Court’s landmark In re Gault decision of 1967, in which the Supreme Court ushered in the “due process era” of juvenile justice in America by determining that juveniles were entitled to the right to counsel and other procedural safeguards during delinquency proceedings. But this Article continues with a critical focus on the impact of the decision today, examining a dichotomy between what was declared a “revolution in children’s rights,” and how youth in the criminal justice system still have not seen the extent of constitutional protections declared necessary by Gault. Arguing that Gault has never been fully implemented, the Article offers two explanations for its stunted application, stating neither of which was within the Gault Court’s control. Finally, it considers more recent juvenile sentencing decisions in light of the post-Gault era, outlining the conclusion that comprehensive, lasting juvenile justice reform must be sought in state legislatures