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WITH ALL THE STRINGS ATTACHED: ANALYZING PARTICIPATION OF DISEMPOWERED GROUPS IN STRUCTURING NEW YORK’S SOCIAL EQUITY CANNABIS INVESTMENT FUND
For decades, New York’s selective enforcement of cannabis prohibition has disproportionately targeted low-income Black and brown communities, resulting in mass incarceration, decimated economic opportunity, and entrenched generational harm. In 2021, New York enacted the Marihuana Regulation and…
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Generative Adversarial Discrimination
Anti-discrimination law assumes that discrimination can be detected and rectified, that the evidentiary burden of the plaintiff can in fact be met. But the evolutionary logic of AI training causes it to target vulnerable groups, lie about reasoning, and above all resist detection. Because of hidden…
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Regulating Psychological Wellness Grifters
The rapid expansion of social media has transformed the delivery of psychological wellness advice, shifting mental health guidance from licensed professionals to digital influencers operating outside of traditional regulatory frameworks. As the global wellness industry surpasses $2 trillion…
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A Social Prescription for Loneliness: How Regulation Can Help Prevent a Tsunami of Health Problems Through Social Connection
In May 2023, the U.S. Surgeon General declared loneliness a public health crisis. Despite the impact of the Covid-19 pandemic, research has demonstrated that historically, social isolation and loneliness have been long-term influencers of negative health consequences prior to the pandemic. Even in…
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Bodies in the Beds: How REITs, Private Equity Firms, and County Hospitals Monetize Nursing Home Residents as Real Estate Acquisitions
Nursing home residents have become monetized targets of real estate acquisitions. Established in 1960, Real Estate Investment Trusts (REITs) were envisioned as allowing individuals to invest in commercial real estate without owning properties. That seemingly innocuous investment idea has led to the…
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Addressing Homelessness and Hunger Through a Human Rights Approach Focused on Collective Responses
The United States is experiencing unprecedented levels of homelessness and food insecurity. In 2024, the number of unhoused persons on a single night reached the highest ever recorded, and in 2023, 13.5% of the population lived in food insecure households, including 7.2 million children. Both…
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Staying Off the Android’s Couch: Examining the Burgeoning Regulatory Response to AI Chatbots in Mental Health Care
In 2023, the National Eating Disorders Association (NEDA) was forced to remove its AI chatbot “Tessa” from its help hotline after observations of the chatbot providing harmful advice to callers about eating disorders. That same year, a Belgian man committed suicide after a prolonged, emotionally…
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Scalia’s Soviet Lesson: Critical Perspectives on Constitutional Structure
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The Energy and Environmental Footprint of AI
Artificial intelligence (AI) has the potential to create major economic and social benefits, but also to rapidly escalate electricity demand and its associated environmental impacts. Information availability has been a cornerstone of environmental law for half a century, and this Article argues…
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A Guide to the Best Reading of Environmental Law: Presumptions for Stability in Statutory Interpretation
Administrative law is in flux and its doctrines flexible. Recent doctrinal shifts—like the ousting of Chevron and the introduction of the major questions doctrine—raise significant questions about how courts will determine the best reading of statutes and carve out a role for agency expertise in…
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