Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, 2015 Seattle University School of Law
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, 2015 Seattle University School of Law
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, 2015 Seattle University School of Law
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...
The Dangerous Right To Food Choice, 2015 Seattle University School of Law
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments ...
Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, 2015 Seattle University School of Law
Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns
Seattle University Law Review
Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many ...
Asadi: Renegade Or Precursor Of Who Is A Whistleblower Under The Dodd-Frank Act?, 2015 Bentley University
Asadi: Renegade Or Precursor Of Who Is A Whistleblower Under The Dodd-Frank Act?, Mystica M. Alexander, John O. Hayward, David Missirian
Pace Law Review
Whistleblowers have a long and honorable history. From Ralph Nader blowing the whistle on the hazards of GM’s Corvair in Unsafe at Any Speed1 in the 1960’s to Jeffrey Wigand in 1996 exposing the duplicity of the tobacco industry, whistleblowers have put conscience ahead of career and personal success to expose corporate fraud and wrongdoing. Not surprisingly, they have had to endure ridicule and ostracism as well as financial hardship. Legislation has sought to protect them from retribution, often with mixed success. The most recent legislative effort is the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank ...
A Statutory Override Of An "As Is" Sale: An Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, 2015 Professor of Legal Studies, Stillman School of Business, Seton Hall University
A Statutory Override Of An "As Is" Sale: An Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr.
Richard J Hunter Jr.
This article considers the common law view that a sale of a used car is essentially “as is,” in light of state “lemon laws” which attempt to protect the interests of used car buyers under certain circumstances. The article focuses on major provisions of the New Jersey “lemon law” which provide for specific vehicle and parts coverage, length of warranty protections, and buyer rights in case the automobile is deemed to be a “lemon,” as potential areas of concentration for further state-specific legislation. The article describes the essence of a traditional “as is” sale, and highlights the fact that ...
Rx For Costly Credit: Deferred Interest Medical Credit Cards Do More Harm Than Good, 2015 Boston College Law School
Rx For Costly Credit: Deferred Interest Medical Credit Cards Do More Harm Than Good, Allison J. Zimmon
Boston College Journal of Law & Social Justice
Various health care providers offer patients medical credit cards that charge high rates of deferred interest. As the cost of medical care and patient responsibility for out-of-pocket costs continue to rise, patients have turned to medical credit cards for help footing the bill. Unfortunately, because they fail to pay off their balances before the end of the promotional period, many patients find themselves unexpectedly responsible for deferred interest charges at rates well above those associated with general-purpose credit cards. Medical credit cards fall outside the protection of many federal credit laws regulating consumer credit. This Note argues that the Consumer ...
Sacrificing Privacy For Convenience: The Need For Stricter Ftc Regulations In An Age Of Smartphone Surveillance, 2015 Pepperdine University
Sacrificing Privacy For Convenience: The Need For Stricter Ftc Regulations In An Age Of Smartphone Surveillance, Ashton Mckinnon
Journal of the National Association of Administrative Law Judiciary
This comment aims to focus on the most frequently used connector that consumers treasure not only for convenience but also as a lifelong necessity - the smartphone. The FTC needs to enforce federally mandated guidelines that will allow the consumer to use technology without the technology using the consumer. Part II of this comment focuses on the type of information that can be collected by various companies, service providers, and agencies from an individual's smartphone, and the intentions of these collectors behind use of this information. Part III evaluates how applications (apps) contribute to this scheme, and, specifically, apps' recordkeeping ...
The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, 2015 Nova Southeastern University
The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella
On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. The harms that occurred were widespread and devastating: eleven people were killed, 1,000 miles of coastline was degraded, ocean life and beaches were destroyed, and the local economy of the region was adversely impacted, especially fishing and tourism industries. In response, Congress passed ...
Us Supreme Court To Weigh Future Of "No Harm" Class-Action Menace, 2015 Herbert Smith Freehills New York LLP
Us Supreme Court To Weigh Future Of "No Harm" Class-Action Menace, David L. Wallace
David L Wallace
No abstract provided.
It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, 2015 Seattle University School of Law
It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch
Seattle University Law Review
Each year, 10% of all federal government spending is lost due to fraud, which adds up to over $350 billion a year. Unfortunately, many well-meaning federal judges are inadvertently making it easier for wrongdoers to retain these ill-gotten gains by unnecessarily cutting short the investigative time for the government to evaluate fraud allegations brought by whistleblowers under the False Claims Act (FCA). The FCA is the federal government’s primary tool to recover funds obtained through the submission of false claims. Because the government is unable to detect most fraud cases absent the help of whistleblowers, Congress included qui tam ...
Crisis In Iceland: Deposit-Guarantee Scheme Failure And State Liability, 2015 Boston College Law School
Crisis In Iceland: Deposit-Guarantee Scheme Failure And State Liability, Benjamin C. Kelsey
Boston College International and Comparative Law Review
On January 28, 2013, the Court of Justice of the European Free Trade Association States held that Iceland was not required to compensate foreign depositors of Landsbanki, an Icelandic bank, when the deposit-guarantee scheme failed to reimburse depositors following the 2008 financial crisis. The court supported its conclusion with the text of the Directive that established deposit-guarantee schemes as well as policy arguments regarding consumer protection and moral hazard. The court also found that Iceland’s failure to repay foreign depositors did not constitute an act of discrimination. Although the court correctly interpreted both the text and policy goals of ...
Canadian Mortgage Law And Prepayment Penalties, 2015 University of Toronto
Canadian Mortgage Law And Prepayment Penalties, Peter Spiro
Western Journal of Legal Studies
This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the ...
España: Confusión Y Desconcierto Sobre La Información Relativa A Los Alimentos Que Se Presentan Sin Envasar Para La Venta Al Consumidor Final, Luis González Vaqué
Luis González Vaqué
El 4 de marzo de 2015, se publicó el Real Decreto 126/2015 por el que se aprueba la Norma general relativa a la información alimentaria de los alimentos que se presentan sin envasar para la venta al consumidor final y a las colectividades, de los envasados en los lugares de venta a petición del comprador, y de los envasados por los titulares del comercio al por menor.
La Norma mantiene los requisitos de información alimentaria que para los alimentos sin envasar ya establecía el Real Decreto 1334/1999, adaptándolos a los nuevos requisitos que fija el Reglamento (UE) Nº ...
Making Paypal Pay: Regulation E And Its Application To Alternative Payment Services, Eric Pacifici
Duke Law & Technology Review
In light of the growth of data breaches in both occurrence and scale, it is more important than ever for consumers to be aware of the protections afforded to them under the law regarding electronic fund transfers and alternative payment services. Additionally, it is important that agencies like the Consumer Financial Protection Bureau (“CFPB”), charged with the protection of unsuspecting and often defenseless consumers, are carefully monitoring these protections to ensure they keep pace with the technological evolution of the payment services they regulate. Alternative payment services, such as PayPal, are conducting an enormous number of payments and providing an ...
When Lenders Can Legally Provide Loans With Effective Annual Interest Rates Above 1,000 Percent, Is It Time For Congress To Consider A Federal Interest Cap On Consumer Loans?, Victor D. Lopez
Victor D. Lopez
The question of whether interest rates should be regulated for the good of society has been debated by secular and religious authorities for millennia. Restrictions on the highest rate of interest allowed by law (if any) are generally set by the states. In the U.S., whether citizens are protected against unreasonably high interest rates is generally a matter for state legislatures to decide. In this article, the current laws of the 50 states and the District of Columbia are examined with regards to the issue of usury, as well as the challenges posed by federal law for states who ...
Mers Litigation -- Brief Of Amicus Curiae The Legal Services Center Of Harvard Law School And Law Professors In Support Of The Appellee, Montgomery County, Pennsylvania, Recorder Of Deeds, No. 14-4315, 2015 Legal Services Center of Harvard Law School
Mers Litigation -- Brief Of Amicus Curiae The Legal Services Center Of Harvard Law School And Law Professors In Support Of The Appellee, Montgomery County, Pennsylvania, Recorder Of Deeds, No. 14-4315, Max Weinstein, Melanie Leslie, David J. Reiss, Joseph W. Singer, Rebecca Tushnet
David J Reiss
MERS represents a major departure from and grave disruption of recording practices in counties such as Montgomery County, Pennsylvania, that have traditionally ensured the orderly transfer of real property across the country. Prior to MERS, records of real property interests were public, transparent, and provided a secure foundation upon which the American economy could grow. MERS is a privately run recording system created to reduce costs for large investment banks, the “sell-side” of the mortgage industry, which is largely inaccessible to the public. MERS is recorded as the mortgage holder in traditional county records, as a “nominee” for the holder ...
Nsfw: An Empirical Study Of Scandalous Trademarks, 2015 Texas A&M University School of Law
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter
Megan M Carpenter
This project is an empirical analysis of trademarks that have received rejections based on the judgment that they are “scandalous." It is the first of its kind.
The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act generally, this piece is the first scholarly project that engages an empirical analysis of 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. We study which marks are being rejected, what evidence ...