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Content Posted in 2022

About Page, Sustainable Development Law and Policy Brief

Accounting for Climate Change in United States Regional Ocean Planning: Comparing the Obama and Trump National Ocean Policies to a Climate-Forward Approach, Taylor Goelz

A Labor of Love: Finding Justice for Victims of Workplace Sexual Harassment Excluded from Title VII, Abigail M. Whitmore

America’s New Death Sentence: Lack of Action to Protect Incarcerated People from Covid-19 Amounts to Cruel and Unusual Punishment, Jane Manwarring

An Opportunity That Should Not Be Missed: Applying Chinese Policy That Promotes Efficient Air Conditioning to Countries That Need It, Xiaopu Sun, Houfu Yan, Shekun Wang, and Tad Ferris

A Particular Social Group: The Inadequacy of U.S. Asylum Laws for Transgender Claimants, Marnie Leonard

A Political Canary: An Empirical Study of the Correlation Between Hatch Act Complaints and How the Electoral College Votes, Raimund Stieger

Are We Still Not Saved? Race, Democracy, and Educational Inequality, Lia Epperson

A Second Chance at Choice?: Challenging Abortion “Reversal” as Law and Medical Practice, Christen Hammock Jones

A Silver Bullet: Could Data Linking Urban Heat Islands to Housing Discrimination Curtail Environmental Racism?, Russell Armstrong

“At What Cost?’: The Future of Securities Enforcement in Climate Change Litigation, Angela Washington

Bison, Tribes, and Brucellosis in the Interagency Bison Management Plan, Bailey Nickoloff

Brian Flores' NFL lawsuit: Can he prove systemic racism?, N. Jeremi Duru

“By Accident of Birth”: The Battle over Birthright Citizenship after United States v. Wong Kim Ark, Amanda Frost

Canada’s Arctic Policy Framework: Governance Transformation in Nunavut, C. Mark Macneill

Charting a Course past Spokeo and TransUnion, Elizabeth Earle Beske

Climate Gentrification: An Imminent Threat to Oceanfront Cities, Marcel Apple

Climate Migration Beyond the Refugee Framework: Creating Bridges Between Human Rights and International Climate Law, Mara Elisa Andrade

Closing Plenary Session: the Year-in-Review for Trademark Law, Christine Farley

Cognitive Disabilities, Legal Practice, and Digital Accessibility, Robert Dinerstein

Common Law Rules: Applying Common Law Principles to Reassigned Phone Number Disputes Under the TCPA, Monica Fritsch

Competitor Standing to the Rescue: Saving the Emoluments Clause, Demitri Dawson

Conceptualizing a 'Right to Research' and Its Implications for Copyright Law: An International and European Perspective, Christophe Geiger and Bernd Justin Jütte

Consulting with Consuls: Virgilio Maldonado Rodríguez and the Right of Consular Access, Fabian Kopp

Corporate Governance: Principles, Practices, and Provisions, Third Edition, Walter Effross

Criminalizing Asylum: DNA Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro

Critically Interrogating the Twin Promises of American Democracy: Politics, Economics, and the Struggle for Full Equality, Priya Baskaran

Detention of At-Risk Individuals during COVID-19: Humanitarian Parole and the Eighth Amendment, Kaylette Clark

DOJ suing Uber for charging people with disabilities more for ‘wait times’, Robert Dinerstein

Driverless Finance, Hilary Allen

Dudenhoeffer: Why Concealment of Fraud Violates the Fiduciary Duty-of-Prudence, Kolton G. Whitmire

Editor's Note, Brianna DelDuca and Hannah Gardenswartz

Editor's Note, Keanu Bader and Alexis Bauman

Editor's Note, Juliette Jackson and Bailey Nickoloff

Editor's Note, Keanu Bader and Alexis Bauman

Editor's Welcome, Kate Brennan

Endnotes, David Hunter

Endnotes, Joan F. Chu

Equal Prosecution For All: Violent Extremism at the Intersection of Hate Crime and Terrorism, Gabrielle Leeman

Escaping Accountability: ICE Forcibly Sterilizes Detainees in Detention Centers, Mehraz Rahman

Examination of the Effects of Deportation as a Result of Revocation of Status Upon the Rights to Non- Discrimination, Family Unity, and the Best Interests of the Child: An Empirical Case from Norway, Cecilia M. Bailliet

Exploring Barriers to the Right to Inclusive Education in Rural Nepal, Dev Datta Joshi

Filling the Protection Gaps for Climate Change and Disaster-Induced Migrants, Kimberly A. Erickson

Fintech: A Field Day of Arbitrage Gone Awry, Grace Fraser

Fintech: A Field Day of Arbitrage Gone Awry, Grace Fraser

First Step Act of 2018: How Its Statutory Interpretation Limits Criminal Justice Reform, Adriana E. Morquecho

Foreword, Stephen Wermiel

Game Theory Optimized Fraud: How the Unlawful Internet Gambling Enforcement Act Created a Virtually Riskless Environment for White Collar Crime in Online Poker, Jeffrey Woolf

Gap in Internet Access in Sri Lanka Violates Human Rights, Gracie Kreth

Gavil, Kovacic, Baker, and Wright's Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy, 4th, Jonathan Baker

Gender Discrimination and Wrongful Termination During the COVID-19 Pandemic and the Age of the At-Home Workplace, Lauren Saxe

Hearing on “Stablecoins: How Do They Work, How Are They Used, and What Are Their Risks?” Before the U.S. Senate Committee on Banking, Housing, and Urban Affairs, Hilary J. Allen

How the Many Recent Deaths of Malaysian Citizens Expose the Country's Corrupt Police System, Amy P. Lyons

“Illegal Search”: Race, Personhood, and Policing, Roger Fairfax

International Environmental Law and Policy, David Hunter

International Water Law’s Ability to Address Jordanian Water Insecurity, Jo Young

Issues of Surveillance in Bulgaria: Violation of Article 8 of the European Convention on Human Rights, Danya Hamad

It's Not Child's Play: A Regulatory Approach to Reforming American Youth Sports, N. Jeremi Duru

Jack Daniel’s Highlights the Second and Ninth Circuit’s Divide on the Application of the Rogers Test, Hannah Knab

Judging Women Who Kill Their Batterers in the United States: A Violation of Their Right to Equality Before the Law Under the ICCPR, Paulina Lucio Maymon

Knowingly Benefitting: Blocking Relief for DRC Child Cobalt Miners, Austin Clements

Lawyering Peace, Paul Williams

Legal Diplomacy in an Age of Authoritarianism, Fernanda Giorgia Nicola Dr.

Legal Issues in Tribal E-Commerce, Adam Crepelle

Letter from the Editor

Letter from the Editor, Ryan Nelson

Letter from the Editors, Madison Bingle and Nora Elmubarak

Letter from the Editors, Madison Bingle and Nora Elmubarak

Litigating the Separation of Powers, Elizabeth Earle Beske

Litigating the Separation of Powers, Elizabeth Earle Beske

Manufacturers Beware of Right to Repair: An analysis of the Resurgence of Right to Repair & the Legal Consequences of Third-party Access to Embedded Software in the ‘Internet of Things’ Era, Lindsey Barringto

My Body is Note My Choice Anymore? How Conscience Protections for Doctors Violate an Individual’s Right to Use Contraceptives and the Establishment Clause, Wanying Yang

National Security Decision-Making in the Age of Technology: Delivering Outcomes on Time and on Target, Gary Corn

New Media Evidence across International Courts and Tribunals, Rebecca Hamilton

Non-Debt and Non-Bank Financing for Home Purchase: Promises and Risks, Shelby D. Green

Not Another Tween Tweet: Social Media, Schools, And a Return to Tinker, Benjamin P. Schroff

Nothing Shellfish About It: why the FAD needs to update The Seafood List to Require Geographic Origin and Species-Specific Shrimp Labeling, Bree Evans

Oil Multinationals and the Fight for Sustainability in Nigeria's Niger Delta, Andre Taylor

ONLYEMPLOYEES: Ending the Misclassification of Digital Sex Workers in the Shared and Gig Economy, Mary Marston

Opinion | There’s nothing humorous about Samuel Alito’s comments, Jeffrey Lubbers

[Panel] Disability Inclusion in the Legal Profession, Robert Dinerstein

Paving a Path to Independent Tiny Living: An Introduction to Roadblocks, Jaclyn Troutner

Piercing the Veil of State Laicity in “La Belle Province”: How Quebec’s Religious Symbols Ban Violates Article 18 of the International Covenant on Civil and Political Rights, Daniel Patrick Atchue

[Podcast] Ep 016: Celebrating Black History Month with Roger A. Fairfax, Dean and Professor of Law – American University Washington College of Law, Roger Fairfax

[Podcast] Episode 31: AUKUS, Rebecca Hamilton

[Podcast] Rooney Rule with Dr. Jeremi Duru, N. Jeremi Duru

Poor Gabriel: How Ambiguous State Immunity Policies for Child Protection Agency Workers Fail Children of Color, Samiksha Manjani

“Presentation Principles”: Connecting Core Lawyering Skills to a Contemporary Lawyering Framework in the Digital Age, Ann Shalleck

President of the United States, Destroyer of Worlds: Considering Congress's Authority to Enact a Nuclear No-First-Use Law, John Ramming Chappell

Preventing Human Trafficking: The Role of the IOM and the UN Global Compact on Migration, Janie A. Chuang

Private Military Contractors: The Armed Forces Absent from the War Powers Resolution, McKinney Voss Wheeler

Prospects and Pitfalls: Confronting Sexual Harassment in the Legal Cannabis Industry, Alexis N. Smith and Griffon Toronjo Pivateau

Protecting Privacy or Enabling Invasion?: Safeguards for Mass Surveillance in Europe, Hannah Friedrich

Protections Against Inhuman Punishment Fail Migrants with Mental Illnesses in Europe, Hannah Friedrich

Punishment and Prejudice: Reproductive Coercion in Immigration and Customs Enforcement Detention Centers, Inka Skłodowska Boehm

Queering Bostock, Jeremiah A. Ho

[Quote] Can Black coordinators parlay NFL playoff success into head coaching jobs?, N. Jeremi Duru

[Quote] Hail to the Washington Commanders — and the power of the trademark, Christine Farley

Quote in: Indiana AG’s comments endangered abortion provider, complaint says, Susan D. Carle

Raising the Bar on Accessibility: How the Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss

Reimagining the Refugee & Asylee Experience Through Law: Exploring U.S. Culpability and (Un) Exceptionalism, Thea Cabrera Montejo, Angela Altieri, Katherine Pratty, and Alexandra Curbelo

Research Exceptions in Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, and Andrés Izquierdo

Restorative Justice: Uplifting Human Rights for the Marginalized, Vulnerable, Victimized, and the United States as a Whole, Meghana Vodela

Rethinking Assumptions about the Global Influence of U.S. Legal Education, Susan D. Carle

Risk Regulation and Management Against Illegal Wildlife Trade: Europe and America, Olonyi Bosire

Roundtable: Fighting Modern Slavery: What Works?, Janie A. Chuang, Genevieve LeBaron, Kevin Bales, Cathy Zimmerman, and Austin Choi-Fitzpatrick

Rulemaking Doubletake: An Opportunity to Repair and Strengthen the National Environmental Policy Act, Rachel Keylon

Rules of Engagement: Copyright and Automated Gatekeepers' Influence on Creative Expression, Michael W. Carroll

“Sacrifice and Recoupment” in the Antitrust Analysis of Patent Settlements: Actavis through the Lens of Brooke Group, Aspen Skiing, and Trinko, Bryan Gant

SDLP after 20: Sustainable Development in the Anthropocene, David Hunter

Shifting Contour of Data Sharing in Financial Market and Regulatory Responses: The UK and Australian Models, Han-Wei Liu

Social Services and Mutual Aid in Times of COVID-19 and Beyond: A Brief Critique, Dana Neacsu

Splitting Canada’s Northern Strategy: Is it Polar Mania?, C. Mark Macneill

Stereotyping Evidence: The Civil Exception to the Federal Rape Shield Law and Its Embedded Sexual Stereotypes, Ramona Albin

Surveillance and the Tyrant Test, Andrew Ferguson

Swallowing the Rule: Why FERC’s “Immediate Need Exemption” Frustrates Competitive and Climate-Smart Electricity Sector Transmission Planning under Order No. 1000, Philip Killeen

Taking Our Space: Service, Scholarship, and Radical Citation Practice, Priya Baskaran

Tax consequences of nonfungible tokens (NFTs), Walter Effross; Leonard Goodman CPA, Ph.D.; Anthony Pochesci CPA; and Jay Soled LL.M.

Testing Charges, Roger A. Fairfax

The American Security Drone Act: America's Paper Tiger vs. China's Trojan Horse, Susan E. Upward

“The Case for Precaution”, Hilary J. Allen

The Chemical War on Drugs: Why a U.S.-Backed Program to Fumigate Coca Fields in Colombia Would Violate the Right to Health, Lily Baron

The Compatibility of Vagrancy Laws with Human Rights Instruments in Africa, Fabian Kopp

The Complex Implications of Fintech for Financial Inclusion, Heather Hughes

The Future (Public Company Boardroom) is Female: From California SB 826 to a Gender Diversity Listing Standard, Sunitha Malepati

The Insights, Uses and Ethics of Social Neuroscience in Antidiscrimination Law, Susan D. Carle

The Invasion of Ukraine: A Gross Violation of International Law, Claudio Grossman

The Kids Are Alright? The Need for Kidfluencer Protections, Ana Saragoza

The Lanterman-Petris-Short Act: How Can It Be Improved?, Robert Dinerstein

The Law of Musical Borrowing: Sampling, Remixes, Mashups, Linking, and User-Generated Content, Michael W. Carroll

The #MeToo Movement in Comparative Perspective, Dr. Joanne Sweeny

The New Great Wall Against China, Paul Rose

The Overfished Pacific Bluefin Tuna: The Tragedy of a Highly Migratory Fish Species, Theresa Geib

The Pandemic and Privacy: The Global Culture of Intrusion, Jon L. Mills, Lucca Viana, and Danielle Black

The Past, Present, and Future of Investment Treaty Conflict Management and Dispute Systems Design, Susan Franck

The Politics of Freedom of Expression in Turkey, Danya Hamad

The Right to Research in Africa: Making African Copyright Whole, Desmond O. Oriakhogba

The Truth is Always in Style: Targeting Greenwashed Advertising in the Fashion Industry, Sydney Helsel

Thirsty Places, Priya Baskaran

To Shatter the Glass Ceiling, Clean the Sticky Floor and Thaw the Frozen Middle: How Discrimination and Bias in the Career Pipeline Perpetuates the Gender Pay Gap, Rachel DiBenedetto

Toxic Therapy: Examining the Constitutionality of Conversion Therapy Bans in Light of Otto, Kathleen Stoughton

Transboundary Air Pollution in Northeast Asia: Two Pathways Forward for China and South Korea, Yeeun Uhm and Creighton Barry

TRIPS-Compliant Alternatives for Overcoming Intellectual Property Barriers to COVID-19 Countermeasures, Brook Baker

Trump-Era Terrorism Designated Sanctions Violate International Human Rights Norms Protecting Life, Health, and Security, Shannon Jackenthal

Two Minutes for Unfair Restraint: How the NHL-CHL Player Transfer Agreement Serves as a Catalyst for Abuse of Dominance, Alex Dourian

Underserved Communities Trashed by Plastic: Slowing the Proliferation of Petroleum Based Products Through Stewardship Laws and Enhanced Back-End Regulatory Solutions, Joan F. Chu

Unrepeatable Harms: Forced Sterilization at ICE Detention Centers, Sabrina Davis

Until the United States Regulates Tech Exports, It Will Continue to Enable China's Surveillance of the Uyghurs, Alexandra Haris

Virtual Currency Law: The Emerging Legal and Regulatory Framework, V. Gerard Comizio

Washington, D.C.: the Capital of Fair Housing Act Violations, Arielle Aboulafia

White v. Hesse: Challenging an Oklahoma County's Bail Practices Under the Americans with Disabilities Act and the Rehabilitation Act, Andrew Hamm

Why the U.S. Founders' Conceptions of Human Agency Matter Today: The Example of Senate Malapportionment, Susan D. Carle

Zombie Courts: Lessons Learned from a Guantanamo Bay Military Commissions System That Refuses to Die, Michael J. Lebowitz