Two Sides of the Same Bitcoin: Why the Federal Government and the Judiciary Should Treat Bitcoin Consistently as Virtual Currency, not Property

By Cory Lamz

Is bitcoin a type of virtual currency or a type of property? Either definition of bitcoin also carries other issues—including tax and regulation issues. The most critical issue related to the treatment of bitcoin is the criminal issue. How may bitcoin users be charged criminally? And since no bitcoin-specific legislation currently exists, under what laws may bitcoin users be charged?

Hijabs, Yarmulkes, Dastaars, and Explicit Notice Requirements: The Threat to Religious Accommodations Under Title VII

By Georgi J. Vogel Rosen

In this article, I trace the development of Title VII religious accommodations and argue that the Tenth Circuit’s interpretation undermines the very purpose of the religious accommodation requirement.  The Tenth Circuit’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. provides employers with a roadmap for discriminating against applicants from identifiably religious minority backgrounds without significantly risking liability.  At a time when certain religious minorities—specifically, Muslims, Jews, and Sikhs—already are disproportionately targeted because of bias, the requirement that employees or applicants explicitly notify employers of the need for religious accommodations increases their vulnerability.

Free Exercise, Halacha, and Goodridge: Examining Jewish Perspectives on Same-Sex Marriage Within Massachusetts’ Legal Framework

By Greg Sager

In Massachusetts, rabbis have the authority to perform civil same-sex marriages, but can they refuse to do so? By identifying the same-sex marriage stances of the three largest American Jewish denominations – the Orthodox, Conservative, and Reform Movements – and by examining the current state of the law, this article will show that Massachusetts offers rabbis no legal protection and will explore the implications for the Movements, rabbis, and same-sex couples involved.

Developments in the Ecuadorian ITT Initiative and Yasuní National Park: Balancing the Protection of the Environment and Native Rights

by Lena Cavallo

Matt Finer, a scientist at the Center for International Environmental Law in the United States, expressed his view on the situation surrounding Yasuní National Forest in Ecuador: “Now there is really no viable alternative to stop the wave of drilling slated for the most biodiverse region of the world.” It is true the number of ways to save Yasuní may be shrinking, but they have not yet disappeared.

Our Government, Our Parents, Ourselves: Emergency Contraception and the Battle to Protect Girls

by Hillary Knight

Section I of this paper briefly describes constitutional privacy jurisprudence and why the government gains power and authority as it restricts the private sphere, particularly with regard to reproductive rights.  Section II describes the exclusionary and discriminatory mechanisms employed to regulate the sale and purchase of PBOS, which is one of the ways that the government exercises its parent-like control over the decisions and freedoms of young women.  The final section argues that privacy jurisprudence and exclusionary mechanisms are simply ways in which the state creates and perpetuates its role as guardian and parent over its citizens.  Like the ability to ground rebellious teenagers or to set their curfews, the limitations set by the state are not to be challenged or questioned, but followed with the understanding that they are executed with our best interests in mind.  This, I suggest, is quite dangerous and it is why Judge Korman’s reversal of Sebelius was deeply threatening, not only to the HHS, but also to the entire executive branch. 

Hope for Increased Regulation of Triclosan in Antimicrobial Hand Soaps

By Njideka Chukwu

Antimicrobial, sometimes referred to as antibacterial, hand soaps contain certain chemicals not found in plain soaps. The purpose of these added chemicals is for the reduction or prevention of bacterial contamination.  Many antimicrobial hand soaps contain a chemical called triclosan.  Triclosan is a chemical that concerns many environmental and industry groups because studies show that in testing done on animals, triclosan is a hormone disrupter, meaning that it has been classified as a chemical that prevents the natural flow of hormones to specific parts of the human body.  In addition, some studies indicate that triclosan exposure actually makes bacteria resistant to antibiotics; thus, such research leaves open the possibility that triclosan exposure may lower the effectiveness of medical treatments.  Triclosan has chemical properties that allow it to accumulate in fatty tissues and has been found in animal and human samples. There have also been toxicity studies in humans that assessed the effect of chronic exposure to triclosan.  Alarmingly, triclosan has a similar chemical structure to nonsteroidal estrogens found in humans. There have also been in-vitro studies done with triclosan.  For example, studies done in 2007 and 2008 have shown triclosan to affect anti-androgenic and anti-estrogenic levels in human breast and testosterone cells. Specific endocrine-disruptor compounds have been shown to increase the development of prostate cancer.  Although there has been a link to prostate cancer, not enough is known to prove the link some researchers have found.

This article highlights the most recent legal challenges brought against the Food and Drug Administration and hand soap companies. I will examine how plaintiffs have successfully brought suit against parties who play a role in either regulating or promulgating the presence of triclosan in U.S. markets. I argue that there should be an increase in the regulation of triclosan in antimicrobial hand soaps.