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America's Political Prisoners, Ruben B. Botello JD 2014 SelectedWorks

America's Political Prisoners, Ruben B. Botello Jd

Ruben B Botello JD

America's political prisoners most often die behind bars because the U.S. government and its several states and territories have no intention of ever releasing them. These prisoners are usually the boldest and brightest adults from Minority communities, natural-born leaders with the greatest potential, to organize and inspire their people, to rise up en masse against the institutionalized racism that keeps their communities poor, exploited and oppressed.


Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson 2014 SelectedWorks

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS

Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat

By Kenneth Lasson

Abstract

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and ...


Food Deprivation: A Basis For Refugee Status?, James C. Hathaway 2014 University of Michigan Law School

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in ...


Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds 2014 University of Michigan Law School

Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds

University of Michigan Journal of Law Reform

Childhood obesity is a major problem plaguing the United States. Over one-third of children are overweight, and there is little indication that this trend will reverse in the near future. The federal government has attempted to combat childhood obesity through the National School Lunch Act, which regulates the quality of foods federally subsidized schools may serve to children, and provides broad goals for physical activity. These basic goals leave extensive room for states to implement different standards, and they are not sufficient to effectively confront the childhood obesity problem. This Note proposes amendments to the National School Lunch Act that ...


E-Cigarettes, Vaping, And Youth, Lawrence O. Gostin, Aliza Y. Glasner 2014 Georgetown University Law Center

E-Cigarettes, Vaping, And Youth, Lawrence O. Gostin, Aliza Y. Glasner

Georgetown Law Faculty Publications and Other Works

E-cigarettes, a relatively new product, storming the tobacco industry are causing a massive stir among public health advocates. While e-cigarettes have the potential to serve as an effective harm reduction tool for existing smokers, they also may present an equally tempting pathway to first time smoking, particularly among youth. Many fear that e-cigarettes will revive the popular smoking culture that has taken decades to dismantle.

In April 2014, the FDA issued proposed rules to “deem” or extend its authority over tobacco products to regulate electronic cigarettes, cigars, pipe tobacco, nicotine gels, waterpipe (hookah) tobacco, and orally ingested dissolvable tobacco products ...


The Continuing Battle Of Fda Regulation Of Dietary Supplements And Their Adverse Affect On Young Adults And Other Individuals, Andrew Bernard Jaffe 2014 SelectedWorks

The Continuing Battle Of Fda Regulation Of Dietary Supplements And Their Adverse Affect On Young Adults And Other Individuals, Andrew Bernard Jaffe

Andrew Bernard Jaffe

THE CONTINUING BATTLE OF FDA REGULATION OF DIETARY SUPPLEMENTS AND THEIR ADVERSE AFFECT ON YOUNG ADULTS AND OTHER INDIVIDUALS

Abstract

Ever since the enactment of the Dietary Supplement Health and Education Act of 1994 (DSHEA) the Food and Drug Administration (FDA) has struggled to regulate dietary supplements. This is due to the definition of dietary supplements as foods in the act. This gives supplement manufacturers greater loopholes when introducing supplements on the market. The FDA’s inability to regulate dietary supplements efficiently has been present for decades. Multiple battles are still occurring today which is proven to have an adverse ...


Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman 2014 Pepperdine University

Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Tort Entitlement To Physical Security As The Distributive Basis For Environmental, Health, And Safety Regulations, Mark A. Geistfeld 2014 NELLCO

The Tort Entitlement To Physical Security As The Distributive Basis For Environmental, Health, And Safety Regulations, Mark A. Geistfeld

New York University Law and Economics Working Papers

In a wide variety of contexts, individuals face a risk of being physically harmed by the conduct of others in the community. The extent to which the government protects individuals from such harmful behavior largely depends on the combined effect of administrative regulation, criminal law, and tort law. Unless these different departments are coordinated, the government cannot ensure that individuals are adequately secure from the cumulative threat of physical harm. What is adequate for this purpose depends on the underlying entitlement to physical security. What one has lost for purposes of legal analysis depends on what one what was entitled ...


Informed Consent, Psychotropic Medications, And A Prescribing Physician’S Duty To Disclose Safer Alternative Treatments, Rita F. Barnett Ms. 2014 Chapman University Dale E. Fowler School of Law

Informed Consent, Psychotropic Medications, And A Prescribing Physician’S Duty To Disclose Safer Alternative Treatments, Rita F. Barnett Ms.

Rita Barnett

INFORMED CONSENT, PSYCHOTROPIC MEDICATIONS, AND A PRESCRIBING PHYSICIAN’S DUTY TO DISCLOSE SAFER ALTERNATIVE TREATMENTS

The use of psychotropic medication to treat any presumed mental health disorder always involves serious risks of harm. Accordingly, before prescribing psychotropic medication to control the behaviors associated with a presumed mental health disorder, prescribing physicians are required, under various medical ethical guidelines and informed consent laws, to first disclose information regarding available alternative treatment options, and the risks and benefits of such alternative treatment options. Indeed, because psychotropic medications are themselves experimental treatments due to the concededly unknown etiology of most mental health disorders ...


The Tort Entitlement To Physical Security As The Distributive Basis For Environmental, Health, And Safety Regulations, Mark A. Geistfeld 2014 NELLCO

The Tort Entitlement To Physical Security As The Distributive Basis For Environmental, Health, And Safety Regulations, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

In a wide variety of contexts, individuals face a risk of being physically harmed by the conduct of others in the community. The extent to which the government protects individuals from such harmful behavior largely depends on the combined effect of administrative regulation, criminal law, and tort law. Unless these different departments are coordinated, the government cannot ensure that individuals are adequately secure from the cumulative threat of physical harm. What is adequate for this purpose depends on the underlying entitlement to physical security. What one has lost for purposes of legal analysis depends on what one what was entitled ...


Health And Welfare Preempted: How National Meat Association V. Harris Undermines Federalism, Food Safety And Animal Protection, Marya Torrez 2014 SelectedWorks

Health And Welfare Preempted: How National Meat Association V. Harris Undermines Federalism, Food Safety And Animal Protection, Marya Torrez

Marya Torrez

No abstract provided.


Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza 2014 Boston College Law School

Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza

Boston College International and Comparative Law Review

Child labor is a complex issue that deeply permeates cocoa production in West Africa. Multinational corporations, such as Hershey Company, are often in the best position to address child labor because these human rights violations occur within their own supply chains. The U.S. legislature can encourage multi-national corporations to address child labor through mandatory public disclosure and due diligence. This mandatory disclosure may encourage multinational corporations to use fair trade certification or sponsorship programs—solutions that keep children away from hazardous occupations while still addressing the root cause of child labor, poverty.


Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li 2014 Pepperdine University

Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff 2014 University of Michigan Law School

Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff

Michigan Telecommunications and Technology Law Review

“Pay-for-delay” settlements, also known as reverse payments, arise when a generic manufacturer pursues FDA approval of a generic version of a brand-name drug. If a patent protects the brand-name drug, the generic manufacturer has the option of contesting the validity of the patent or arguing that its product does not infringe the patent covering the brand-name drug. If the generic manufacturer prevails on either of these claims, the FDA will approve its generic version for sale. Approval of a generic version of a brand-name drug reduces the profitability of the brand-name drug by forcing the brand-name manufacturer to price its ...


The Governance Ecology Of Electronic Food Stamp Delivery: Is It Time For A New Praxis?, Stephen C. Wilks 2014 Lincoln Memorial University - Duncan School of Law

The Governance Ecology Of Electronic Food Stamp Delivery: Is It Time For A New Praxis?, Stephen C. Wilks

Stephen Wilks

No abstract provided.


Curb Your Enthusiasm For Pigouvian Taxes, Victor Fleischer 2014 SelectedWorks

Curb Your Enthusiasm For Pigouvian Taxes, Victor Fleischer

Victor Fleischer

Pigouvian (or "corrective") taxes have been proposed or enacted on dozens of products and activities that may be harmful in excess: carbon, gasoline, fat, sugar, guns, cigarettes, alcohol, traffic, zoning, executive pay, and financial transactions, among others. Academics of all political stripes are mystified by the public’s inability to see the merits of using Pigouvian taxes more frequently to address serious social harms.

This enthusiasm for Pigouvian taxes should be tempered. A Pigouvian tax is easy to design—as a uniform excise tax—if one assumes that each individual causes the same amount of harm with each incremental increase ...


The Eleventh Circuit Creates Uncertainty By Applying The Rule Of Lenity In United States V. Izurieta, Catherine DiVita 2014 Boston College Law School

The Eleventh Circuit Creates Uncertainty By Applying The Rule Of Lenity In United States V. Izurieta, Catherine Divita

Boston College Law Review

On February 22, 2013, in United States v. Izurieta, the U.S. Court of Appeals for the Eleventh Circuit found 18 U.S.C. § 545—a federal statute criminalizing the importation of goods “contrary to law”—ambiguous as to whether it criminalizes violations of a regulation and, as a result, applied the rule of lenity. In reaching this conclusion, the court rejected approaches espoused by two split circuits, instead examining whether the regulation appears civil or criminal in nature. To avoid this type of uncertainty, this Comment argues that courts should instead apply the rule of lenity consistently based on ...


The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee 2014 SelectedWorks

The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee

Stacey B. Lee

In the past five years, the number of drug shortages in the United States has nearly quintupled. The majority of shortages involve generic sterile injectables used to fight infectious diseases and treat cancer. These complex drugs are produced in a concentrated market consisting of only a few generic manufacturers. Any disruption in their supply can result in shortages that leave patients without access to life-saving drugs which in some cases are the only treatment for their condition. These chronic shortages have been linked to many possible factors including product quality concerns, discontinuation of product lines, changes in supply and demand ...


The Controlled Substance Act: Time To Reevaluate Marijuana, Matthew B. Hodroff 2014 SelectedWorks

The Controlled Substance Act: Time To Reevaluate Marijuana, Matthew B. Hodroff

Matthew B Hodroff

Marijuana is classified as a Schedule I substance according to the Federal Government’s Controlled Substance Act. This means it has no medicinal uses, a high likelihood for abuse, and there is a lack of safety for use of the drug under medical supervision. With new information proving otherwise, opinions for medicinal and recreational use changing, and states and federal governments’ relaxing laws and attitudes towards marijuana, it may be time for a reevaluation under the current guidelines provided by the federal government



The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg 2014 SelectedWorks

The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg

Nima H. Mohebbi

Marijuana legalization and decriminalization has become a hot policy issue. Roughly twenty U.S. states have partially legalized marijuana (generally for medicinal purposes) and two states – Colorado and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market in view of the possible wide-scale legalization of marijuana, states might enjoy a potential budgetary windfalls from marijuana excise taxes.

Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting excise taxes on marijuana – namely, if an ...


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