Digital Commons Network^™

Controversial Cannabis: How Passage Of The M.O.R.E. Act Can Remedy The Disparate Impact Of Marijuana Prohibition, Jaden W.R. Jackson

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen

Montana Law Review

No abstract provided.

Setting The Stage For The Next Farm Bill Debate, Bradley D. Lubben

Cornhusker Economics

The 2018 Farm Bill is set to expire in September 2023. New farm bill legislation will be needed by then if authority is to be extended for a wide range of programs from farm support to conservation, nutrition assistance, credit, trade promotion, rural development, research and education, and more.

The agricultural committees in Congress have already held initial hearings and many agricultural and other interest groups have noted their policy priorities. However, formal debate on a new farm bill is not expected to begin in earnest until early 2023 when a new session of Congress convenes.

While the formal debate …

A Model Path For Decriminalizing Simple Possession Of All Drugs, Ashley Mastro

DePaul Law Review

No abstract provided.

The Right-To-Education Responsibilities Of Book Publishing Companies, Emmanuel Kolawole Oke

Indian Journal of Law and Technology

The responsibilities of copyright owners, specifically book publishers, should be construed from a human rights perspective. Building on the work of John Ruggie and his ‘Guiding Principles on Business and Human Rights,’ this paper contends that book publishers have a responsibility to respect human rights including the right to education. As it relates to copyright law, respecting the right to education entails respecting the measures that countries have incorporated into their national copyright laws to facilitate access to learning materials. Furthermore, corporate actors that own copyright in learning materials should not use litigation or the threat of litigation to try …

Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley P. Kowalski, Aarushi Gupta, Ifica Mehra

Indian Journal of Law and Technology

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …

Plant Breeders’ Rights, Farmers’ Rights And Food Security: Africa’S Failure Of Resolve And India’S Wobbly Leadership, Chidi Oguamanam

Indian Journal of Law and Technology

Since 2000s, Africa and India severally rejected the notion that UPOV’s 1991 standard of Plant Breeders Rights (PBRs) is the only route to fulfil their obligations under Article 27 of the TRIPs Agreement. Objecting to the exclusive focus of the UPOV regime on formal plant breeders, African countries insisted on a holistic approach to plant breeders’ rights to include protection for rights of communities, farmers and their indigenous knowledge, innovation and practices. Consequently, under the African Union’s (AU) auspices, Africa proposed the Model Law for the Protection of the Rights of Local Communities and Breeders, and for Regulations of Access …

Access To Medicines, Paragraph 6 Of The Doha Declaration On Public Health, And Developing Countries In International Treaty Negotiations, Daya Shanker

Indian Journal of Law and Technology

Paragraph 6 of the Doha Declaration on Public Health, dealing with access to medicines for countries lacking the manufacturing capacity for them, became an important issue because its solution on 30th August 2003 on the basis of the Note of the Chairman of the TRIPS Council was perceived as changing the basic features of the TRIPS Agreement. This was the subject of much debate, and a number of proposals from different countries were submitted either individually or collectively. However, the proposals from developing countries did not find their way into Paragraph 6, and the problem of developing countries not being …

Technology, Law, Freedom And Development, Yochai Benkler

Indian Journal of Law and Technology

Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human action over time. While biotechnology and nanotechnology may portend significant upheavals in the future, the most significant present transformation revolves around computers and the emergence of the networked information economy. These new technological and economic conditions are creating new forms of production and new forms of social behaviour that are fundamentally altering the way we know the world, how we learn about how the world is and how we can make it become. It is important that we study this transformation and understand …

Torts: Privilege Of Grand Jury Report Criticizing Public Officials, Harry G. Carratt

Florida Law Review

No abstract provided.

Specific Performance: Reformation Of Contract Upon Defendant's Intentional Breach, William T. Mcinarnay

Florida Law Review

No abstract provided.

The Heart Of The Working Man – A Post Mortem, John Klein Wigginton

Florida Law Review

No abstract provided.

Products Liability: Doctrinal Problems And The Restatement's Answer, Richard L. Horn, Daniel Scarritt

Florida Law Review

No abstract provided.

First Amendment Protection For Commercial Speech: An Optical Illusion?, Jonathan J. Fleuchaus

Florida Law Review

No abstract provided.

Ftc Regulation Of Tv Advertising To Children – They Deserve A Break Today, Robert Wattwood

Florida Law Review

No abstract provided.

Corrective Advertising: An Advertiser's Atonement, Robert Wattwood

Florida Law Review

No abstract provided.

Impoundment: A Search For Legal Principles, L. Harold Levinson, Jon L. Mills

Florida Law Review

No abstract provided.

Florida's Public Employee Unions: How Long Must They Wait?, Dale A. Dettmer

Florida Law Review

No abstract provided.

Using International Human Rights Law To Address Hunger In The U.S., R. Denisse CóRdova Montes

The Business, Entrepreneurship & Tax Law Review

International human rights law recognizes a right to adequate food. The International Covenant on Economic, Social and Cultural Rights (“ICESCR”) upholds “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, and housing, and to the continuous improvement of living conditions.” The right is further enumerated in international law through additional conventions and standards and is continuously being interpreted and analyzed by United Nations (“U.N.”) expert bodies. The United States (“U.S.”), though a signatory to several international human rights conventions, including the ICESCR, has not ratified any convention that would make …

Trouble In Paradise: Puerto Rico's Routine Exclusion From Federal Benefit Programs As A Result Of The Alien-Citizen Paradox, Katerina Martínez Vélez

The Business, Entrepreneurship & Tax Law Review

Puerto Ricans are United States citizens by birthright. The island itself is neither a state nor an independent country, but rather, a territory of the United States. As a territory, Puerto Rico holds a unique tax status, and its residents are exempt from some federal and income taxes. Regardless, Puerto Ricans contribute significantly to the federal treasury by paying customs taxes, federal commodity taxes, and all payroll taxes (also known as FICA taxes), which include Social Security, Medicare, and Unemployment Compensation. Yet, its residents are still subject to discrimination on the basis of residency. In this article, I will explore …

The Protection Of Professional Esports Players Against Physical And Mental Health Problems Under The International Covenant On Economic, Social And Cultural Rights, Tsubasa Shinohara

UNLV Gaming Law Journal

No abstract provided.

Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell

Nevada Law Journal

No abstract provided.

Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant

Marquette Law Review

In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which …

Can Big Data Achieve Environmental Justice?, Dina Sunyowati, Masitoh Indriani, Annisa Firdhausy, Mochamad Kevin Romadhona

Indonesian Journal of International Law

Big data and analytical tools are being used by agricultural startup companies to develop their application performance. Generally, big data is a term that describes a large volume of structured and unstructured data. A few goals of its utilization include promoting environmental justice, improving energy efficiency, as well as tracking climate change by introducing ‘smart farms’. However, the utilization is accompanied by some flaws, such as legal regulatory issues involving the gap between applied technology and global government policies. There is also increased development of agricultural applications in Indonesia, which led to the initiation of a digitization program for plantation …

An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid

Indonesia Law Review

Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral …

Neutral State Access To Ukraine’S Food Exports, James Kraska

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, May 18, 2022, https://lieber.westpoint.edu/neutral-state-access-ukraines-food-exports/.

Where Kindness Is Calculated: Refugee Regimes In South Asia, Shuvro Prosun Sarker, Shreyasi Bhattacharya

Indonesian Journal of International Law

South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that …

Traditional Knowledge And Twail, Gunjan Deshpande

Indonesian Journal of International Law

Traditional Knowledge (TK) is a deep-rooted notion in the Indian culture, it is the knowledge that has been passed on for centuries and is governed by the traditional customary laws. It applies to everything from food storage, agriculture to medicine to the preservation of the environment. TK are protected by national or regional laws that provide limited protection. There have been various instances where Indian TK was patented outside India some of the examples are Turmeric, Amla, and Neem. TK is the base of modern science and technology, as it is derived from a strong cultural heritage that is vital …

Racial Inequality, Covid-19, And Health And Unemployment Insurance: Lessons Learned And Pathways Forward, Shauhin A. Talesh

DePaul Law Review

No abstract provided.

Herbal Remedies And Dietary Supplements: The Boundaries Of Drug Claims And Freedom Of Choice, Margaret Gilhooley

Florida Law Review

No abstract provided.