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Trapped: How Asset Restrictions Impact Supplemental Security Income Eligibility and Impoverish Individuals with Disabilities
For almost forty years, Congress and the SSA have failed to update the asset limit for SSI eligibility despite the punitive nature of it toward individuals with disabilities who wish to attain financial security. This Note argues that this failure forces individuals with disabilities to choose…
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Waking Up from the Resident Duty-Hour Nightmare
Lengthy, grueling hours have long been the tradition for physicians-in-training, but resident exhaustion is a threat to patient and resident safety in the United States. This Note outlines the historical development of resident duty-hour regulation and examines the political and professional forces…
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Right to Life, Right to Arms: Conservative States' Antithetical Approaches to Abortion and Gun Laws
Following Dobbs v. Jackson Women’s Health Organization and New York State Rifle & Pistol Association v. Bruen, twelve states enacted total abortion bans while simultaneously maintaining among the weakest gun safety laws in the nation. This Note explores the policy contradiction inherent in this…
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Incentivizing Bidirectional EV Charging Stations
California recently enacted a law that gives the California Energy Commission authority to require that Electric Vehicles (“EVs”) sold in California be capable of bidirectional charging. A bidirectional EV is capable of sending energy stored in the EV battery to a person’s home and to the grid…
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Health Care Fraud and the End of Chevron
What do the Environmental Protection Agency’s “plantwide” definition of a “stationary” pollution source,” a National Marine Fisheries Service determination of who pays for fishing boat observers, and a Department of Health and Human Services rule governing the marketing of prescription drugs have…
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Contrasting Visions of Age: Manifestations of Ageism in Law, Art, and Health Care
Ageism has befuddled the law’s attempts at remediation. Each “ism” (e.g., sexism, racism) differs from the others. Ageism, however, differs fundamentally from other “isms.” That difference explains the law’s failure to limit it. This article describes the difference, and it explains why that…
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Predictive Health Discrimination: Cabining AI Risk Assessment to Protect Worker Data
Predictive health data monitoring is rapidly expanding in workplaces, outpacing legal protections and exposing workers to new risks. Employers may now use analytics powered by artificial intelligence (“AI”) to identify which workers are most likely to develop future disabilities, raising the threat…
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Mitochondrial Replacement Techniques for Infertility: How Legal Barriers Harm Patients and Children
Recent studies show that mitochondrial replacement techniques (“MRTs”) can help women with poor egg quality and repeated IVF failures get pregnant and deliver healthy children. Unfortunately, infertile Americans can derive no hope from this promising development. The U.S. Food and Drug…
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Clemency for Justice Reform: A Restorative Pardon Proposal Using Conditional Pardons
President Donald Trump’s pardons to people convicted for the January 6, 2021 attacks on the Capitol intensified the nation’s divisiveness. They also illustrate why proper clemency must be restored and used for its intended purpose to ameliorate injustice under the law. Clemency is not meant to be a…
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Article III's Constraints on the Legislative Power
Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action…
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Patients as Stakeholders
Once a provider of public support and charity, the American hospital is now a source of dividends for private actors. Profit interests have encroached on, and increasingly replaced, the publicly minded heroism of the American hospital, the central hub of a complex and disordered health care system…
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Is it Credit?
Earned wage access companies advance money to workers based on wages they have already earned but have not yet been paid. Then, one of three things happens to reimburse the earned wage access provider: (1) the worker’s employer sends the provider money directly, (2) the provider withdraws money…
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Salvation from the Purgatory Between Personhood and Property: Disinterring Evidence for Property Rights in Human Remains
This Note argues that next of kin have property rights in the remains of decedents, as opposed to a quasi-property right in their burial. Changing this distinction will allow courts to address wrongs committed against human remains through remedies traditionally available for harms to property…
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Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia
Part I will address federal and state statutes and case law surrounding physical takings and the eminent domain power. Part I will also discuss Virginia’s history of racial discrimination in housing, the Shoe Lane Community in Newport News, and CNU’s expansion into the neighborhood for the…
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Justice for the Accomplice: Minnesota's 2023 Accomplice Liability Amendment and Its Shortcomings
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Premium Injustice: Addressing the Harms That Cash Bail Premiums Inflict on the Non-Convicted
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