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Artikel Jurnal Teks lengkap
Long COVID, Silent Suffering, and Work
Though most recover from COVID quickly, countless others remain chronically ill. Five years after the start of the pandemic, Long COVID continues to harm the economy, forcing thousands from employment at a time when businesses are struggling to find workers. With over thirty million individuals in…
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Against a Medical Exception to Equal Protection
Government regulations of medicine sometimes treat patients differently based on their race or sex. Does heightened scrutiny apply to such regulations—as is usual when law treats someone differently based on a protected characteristic? Or is there a medical exception to equal protection? Recently…
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Education as a Right, Homelessness as a Crisis: The Displaced Futures of American Homeless Youth
Homelessness in the United States has been a humanitarian crisis affecting youth as one of its most vulnerable populations. Education is one of the few opportunities to break through this cycle of poverty. Recognizing the gap in education for homeless students and other students, Congress enacted…
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Aligning Reparations and Taxation
Rehabilitative reparation remedies advance the important normative goals of intergenerational restorative justice and racial reconciliation. This Article fills a gap in the reparations literature by exploring a critical missing piece of reparations—nontaxation of reparation remedies. Historical…
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How and Why Hundreds of Preventable Deaths Continue to Occur Behind America's Prison Walls and Jail Cells
This Note examines how the Prison Litigation Reform Act (PLRA) came to be and the consequences of its passage. The PLRA was largely a response to the growing movement of prisoners’ rights that began in the 1960s and continued until the 1990s. As the Court grew more conservative, the legal system…
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Federal Extreme Risk Protection Orders: A Potential Pathway to Preventing Mass Shootings
This Note examines how the creation and implementation of a federal extreme risk protection order (ERPO) statute would impact federal investigations, mass shooting prevention, and the reduction of firearm deaths at large. While ERPOs exist in several states, there is currently no federal statutory…
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High-Caliber Tensions: Implications of Florida’s Medical Marijuana Program on the Right to Keep and Bear Arms
What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled…
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Front Matter
Front Matter for Volume 47, Issue 1 of Michigan Journal of International Law
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The International Order, International Law, and the Definition of Security
As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new…
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The Institutions of Exceptions: Justification in Trade and Investment Treaties
International economic law binds states in the interest of liberalizing markets, including in cross-border trade in goods and services (trade) and capital (investment). The treaty regimes for both trade and investment do this by disciplining states through legal rules, while preserving a modicum of…
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Escape Probability: Rethinking Wartime Protection of Nuclear Facilities
The 2022 Russian attacks on the Chernobyl and Zaporizhzhia nuclear facilities in Ukraine shocked the international community. Claims that the attacks constituted war crimes immediately entered the public consciousness, and a flurry of opinions were set forth on the international humanitarian law…
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Corporate Governance as Bloodsport
The modern Environmental, Social, and Governance (ESG) movement promotes diversion of corporate assets from shareholders to “stakeholders.” This is done in the name of a corporate duty to society. But “successful” ESG efforts threaten the success of the corporate form by inviting rent-seeking. This…
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The Justice for Victims of War Crimes Act: A Dangerous Expansion of Universal Jurisdiction to Non-International Armed Conflicts
Universal jurisdiction over war crimes committed in noninternational armed conflict (“NIACs”) has yet to develop a firm legal foundation under international law. The Justice for the Victims of War Crimes Act of 2023, however, amended the War Crimes Statute (18 U.S.C. § 2441) and extended universal…
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A Case with Bite: Royal Canin U.S.A., Inc. v. Wullschleger and the Updated Removal Jurisdiction Landscape
Subject-matter jurisdiction is critical to every case, small or large. Establishing the court’s authority to adjudicate a present matter is tantamount to every case and for every judge. Despite the importance of properly entering and remaining in federal courts, civil procedure cases often receive…
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"Smart" Cities and Due Care with Emerging Technologies
The rapid development of increasingly powerful technologies presents new opportunities to produce public benefits, as exemplified by the “Smart Cities” movement. Conversely, emerging technologies pose significant threats to public safety and individual rights, as evidenced by high-profile…
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Is HIPAA Still Protecting Your Medical Data? An Analysis of Deidentification as a Security Measure in the Age of AI.
Artificial Intelligence is rapidly altering the landscape of many industries, and for some, faster than the law can necessarily keep up, leaving those industries unprotected from AI-related concerns. For the healthcare industry in particular, the integration of AI presents large-scale data privacy…
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The Fourth Amendment and Geofence Warrants: Safeguarding Geofencing's Constitutionality Through Particularity and Reasonableness
Geofencing, a location-based investigative technique that uses digital mapping to identify individuals within a defined geographic area, has become an increasingly common yet constitutionally contentious tool for law enforcement. Federal courts remain deeply divided on whether geofence warrants…
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