Digital Commons Network^™

Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Protection On The Rights And Interests Of Chinese Seafarers Under Mlc 2006, Haixia Pan

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett

St. Mary's Law Journal

State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and dietetics profession, and …

Nondisclosure Agreements And The Unlikely Convergence Of Sexual Harassment And Fracking Toxic Tort Claims, Sean Lonnquist

Duke Environmental Law & Policy Forum

No abstract provided.

The Intersection Of Reducing Recidivism And Spurring Inclusive Economic Recovery, Scott B. Astrada, Israel X. Nery

Legislation and Policy Brief

No abstract provided.

Expanding Accountability: Using The Negligent Infliction Of Emotional Distress Claim To Compensate Black American Families Who Remained Unheard In Medical Crisis, Nia Johnson

UC Law Journal

Black Americans have constantly been victims of health disparities and unequal treatment in healthcare facilities. This is not new. However, more attention has been paid to accounts from Black Americans alleging that their providers ignored them or their families in crisis, leading to grave consequences. Though we do have a medical malpractice system that is equipped to remedy physical manifestations of medical negligence, there has been minimal dialogue about how to hold provider accountable for more abstract medical grievances like ignoring Black patients. This Article argues that the negligent infliction of emotional distress claim is an appropriate forum to address …

Prohibiting Cashless Retailers And Protecting The Impoverished, Allison Kretovic

Georgia State University Law Review

A growing number of customer-facing businesses have opted to implement cashless policies, declining to accept cash for payment and limiting consumers’ options on how they can pay for goods and services. Proponents for cashless policies cite the efficiencies gained by removing cash from a business and concerns about theft as their primary reasons for supporting such policies. Opponents to the move toward cashless express concerns that the policy is discriminatory and has a disparate impact on lower-income consumers who do not have access to financial institutions. Policymakers at the local and state levels have responded by proposing and enacting legislation …

Disparities In Health Care: The Pandemic’S Lessons For Health Lawyers, Danielle Pelfrey Duryea, Nicole Huberfeld, Ruqaiijah Yearby

Faculty Scholarship

Population-level disparities in health and health care came to the forefront of U.S. public consciousness in 2020. As the racial, ethnic, and socioeconomic stratification of COVID-19 infection and death rates emerged with chilling clarity, the Black Lives Matter protests of the summer focused millions of Americans on the complex, structural nature of inequity and its long-lasting effects.

Access to quality health care is a “social determinant of health,” meaning that it is one of the “non-medical factors that influence health outcomes . . . the conditions in which people are born, grow, work, live, and age, and the wider set …

Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc

Indonesian Journal of International Law

No abstract provided.

That T-Rex Is Mine! A Note On The Montana Supreme Court Decision Murray V. Bej Minerals, Llc, Bryce Hayden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Waxing & Waning Of Informed Consent: Medical Assistance In Dying And The Question Of Advance Requests, Thomas B. Mcmorrow

Osgoode Hall Law Journal

This paper traces the impact of the principle of informed consent on Canadian legal developments in the area of advance directives, medical assistance in dying (MAID), and (where the two converge) advance requests in the context of MAID. I show how recognition of the principle of informed consent has not only served to justify developments in the law facilitating advance directives; it has also played an important role in justifying the legalization, under specific circumstances, of MAID. The paradigmatic case of informed consent is where a clearly competent, fully informed adult effectively communicates with their physician, contemporaneously to the administration …

The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet

SLU Law Journal Online

Since the nineteenth century, Americans have worked consistently to liberate their national government from the Constitutional constraints placed on it by Madison and his colleagues. This effort has transformed the United States from a federated republic in which local communities governed themselves into a modern managerial nation-state that is governed from the center. In this article, Dr. Guy Chet argues that the key to this transformation – of the Constitution and of the United States – was the Fourteenth Amendment.

"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson

William & Mary Bill of Rights Journal

Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight the role of Sandin v. Conner and the Prison Litigation Reform Act in curtailing prisoners’ rights, and criticize the role of the private entity American Correctional Association in enabling mass neglect of prison food. The authors recommend that the Prison Litigation Reform Act be repealed, …

Responding To The Impacts Of The Opioid Epidemic On Families, Wendy A. Bach, Suzanne Weise, Barry Staubus

Tennessee Journal of Law and Policy

No abstract provided.

Newsletter, Summer 2021

Newsletter

No abstract provided.

Litigation Sanctions Against Lawyers And Due Process, Douglas R. Richmond

Florida State University Law Review

No abstract provided.

Pathways To Just, Equitable And Sustainable Trade And Investment Regimes, Tomaso Ferrando, Nicolas Perrone, Olabisi D. Akinkugbe, Kangping Du

Reports & Public Policy Documents

In this report we discuss what a Fair, Just and Equitable approach to the global, liberalized and hyper-competitive system of global trade and investments should be. The global market for goods and capital affect the life of producers and workers, stimulates the run towards cheaper products and puts farmers and workers against each other. The current vision of trade and investments is based on the silencing of gendered and reproductive labour and is responsible for the increase in inequality and relative poverty. Furthermore, it stimulates the extraction of commodities and contributes to the degradation of the planet, it has a …

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.

Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque

UC Law SF International Law Review

Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.

As a consequence of this new law, many product markets show a clear …

Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer

UC Law Constitutional Quarterly

Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an unverifiable Report summary …

Responsible Coffee Sourcing: Towards A Living Income For Producers, Kaitlin Y. Cordes, Margaret Sagan, Solina Kennedy

Columbia Center on Sustainable Investment Staff Publications

Coffee, one of the world’s most popular beverages, provides livelihoods for at least 60 million people across dozens of countries. Promoting the long-term health, wellbeing, and environmental sustainability of the much beloved coffee sector should be a clear priority.

CCSI has continued its work on coffee sustainability with a 2021 report: “Responsible Coffee Sourcing: Towards a Living Income for Producers.” The report focuses on a critical but under-examined topic: the impact of coffee company sourcing practices on coffee producer and farmworker well-being. The report, commissioned by a long-term investment manager, analyzes the sourcing practices of ten large coffee roasters and …

Co-Creating A Legal Check-Up In A School-Based Health Center Serving Low-Income Adolescents, Lisa Kessler, Yael Cannon, Nicole Tuchinda, Ana Caskin, Christina Balz Ndjatou, Vicki W. Girard, Deborah F. Perry

Georgetown Law Faculty Publications and Other Works

The Problem: Marginalized populations experience health-harming legal needs—barriers to good health that require legal advocacy to overcome. Medical–legal partnerships (MLPs) embed lawyers into the healthcare team to resolve these issues, but identifying patients with health-harming legal needs is complex, and screening practices vary across MLPs.

Purpose of Article: Academic and community partners who collaborate in an MLP at a school-based health center (SBHC) share their process of co-creating a two-stage legal check-up for adolescents.

Key Points: Screening adolescents for health-harming legal needs is challenging. It took ongoing collaboration to refine the process to fit the needs of …

Bart: The Enron Of Public Transit The Need For Csr In U.S. Public Transportation, Nicole Mirkazemi

UC Law Business Journal

No abstract provided.

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia - Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.

Demographics, Activities, And Environmental Factors Impact Burnout In A National Survey Of Emergency Medicine Residents, Nicole Battaglioli, Tim P. Moran, Simiao Li-Sauerwine

Journal of Wellness

Introduction: Burnout in emergency medicine and in residency training has been well-described. The impact of demographic, individual, and programmatic factors on burnout have not previously been determined in a national survey of emergency medicine residents. This study aimed to identify personal and environmental factors impacting resident burnout in a national sample of emergency medicine residents.

Methods: A prospective Emergency Medicine Resident Wellness Survey was administered in 2017. We surveyed respondents on demographic, personal, and environmental factors; each respondent also completed the Maslach Burnout Inventory - Human Services Survey. Linear regressions were used to identify variables associated with the Maslach Burnout …

The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young

Cleveland State Law Review

This Article endeavors to reclaim the nationwide injunction as a valid exercise of federal equity power within the jurisdictional limits set by Article III. It posits that federal equity is expansive—it extends as far as necessary to provide a remedy where there is no adequate one at law. Historical and doctrinal context and critique are deployed to demonstrate that nationwide injunctions are not constitutionally ultra vires. This Article also posits that despite having expansive equity jurisdiction and powers, federal courts can and should in many cases exercise their constitutional discretion when sitting in equity to abstain in certain nationwide injunction …

Strain V. Regalado: Motion For Leave To File Amicus Curiae Brief And Brief Of 21 Law Professors As Amici Curiae In Support Of Petitioner, Leah Litman

Appellate Briefs

Pursuant to Supreme Court Rule 37.2(b), amici curiae respectfully request leave to file the following brief in support of petitioner. Counsel of record for all parties received notice at least ten days prior to the due date of the amicus curiae brief. Respondents Vic Regalado and Armor Correctional Health Services, Inc. withheld consent. Petitioner consented to the filing of this brief.

Amici are legal scholars who teach and write on incarceration, criminal justice, civil rights, and constitutional law. Their interest in submitting this brief is to call attention to how the courts of appeals aligned with the court below are …

Digital Urban Agriculture As Disparate Development: The Future Of Food In Three U.S. Cities Through The Lens Of Stakeholder Perceptions, Networks, And Resource Flows, Michael Carolan

William & Mary Environmental Law and Policy Review

Urban agriculture takes many forms. Often, the term elicits images of raised beds, hoop houses, and, in those instances where topsoil is both present and non-contaminated, in-ground gardens—what I call traditional urban agriculture (“TUA”). But that imagery is changing, especially in some parts of the country where vacant space is scarce and land prices dear. In those instances, cities are seeing growth in digital urban agriculture (“DUA”). DUA, as defined here, refers to farming within urban and peri-urban areas that incorporates elements of automation, software, and/or silicon-based hardware into their operations. While this definition is not meant to draw a …

There’S Something In The Water: Toxic Exposure Liability Of Public Water Suppliers In The Face Of Near-Universal Pfas Exposure, David Lloyd

San Diego Journal of Climate & Energy Law

California has not experienced the type of willful, large-scale PFAS pollution that states that hosted its manufacture, such as Ohio and West Virginia, have endured. Regardless, the ubiquity of these chemicals in California’s food and water supply, combined with a growing awareness of the serious health risks of PFAS exposure, prompted California to become a nationwide leader in PFAS regulation. In 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) “added PFOA and PFOS to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity” without setting a “maximum allowable dose level, below which no …

Consent To Jurisdiction Based On Registering To Do Business: A Limited Role For General Jurisdiction, Jeffrey L. Rensberger

San Diego Law Review

General jurisdiction allows a state to assert jurisdiction over a defendant for any claim, even one having no relationship to events or parties in the state. Consent is one basis for general jurisdiction. Because of the Supreme Court’s recent constrictions of specific and general jurisdiction, plaintiffs are increasingly turning to general jurisdiction based on an out-of-state corporation consenting to jurisdiction by registering to do business in the state. There are several categories of cases in which a plaintiff may find such jurisdiction useful. But an unlimited form of such general jurisdiction is both bad jurisdictional policy and poses constitutional problems. …