Digital Commons Network^™

Ten Years Post-Gao Assessment, Fda Remains Uninformed Of Potentially Harmful Gras Substances In Foods, Cameron Faustman, Daniel G. Aaron, Nicole Negowetti, Emily Broad Leib

Utah Law Faculty Scholarship

It has been approximately 10years since the Government Accountability Office (GAO) published its report to Congress entitled, FDA Should Strengthen Its Oversight of Food Ingredients Determined to be Generally Recognized as Safe (GRAS), which strongly criticized FDA noting that its “oversight process does not help ensure the safety of all new GRAS determinations.” Congress requested GAO to undertake this audit as a result of concerns that GRAS substances added to foods did not require FDA approval. Since 2010, FDA has addressed only a few of the criticisms regarding its process for establishing a food substance as GRAS. However, several of …

Farming With Trees: Reforming U.S. Farm Policy To Expand Agroforestry And Mitigate Climate Change, Lingxi Chenyang, Andrew Currie, Hannah Darrin, Nathan Rosenberg

Utah Law Faculty Scholarship

Agroforestry systems have enormous potential to mitigate climate change. These systems incorporate trees and shrubs into agricultural production, increasing both soil carbon sequestration and the amount of carbon stored in biomass. Even the most conservative estimates find that agroforestry sequesters two to five times more carbon per acre than the most effective—and better known—climate-friendly practices for annual crops, such as no-till agriculture and cover crops. Agroforestry also offers substantial environmental and economic benefits: clean water, reduced fertilizer and pesticide use, greater resiliency, and higher profitability per acre. Yet there are significant legal and policy barriers to its expansion in the …

A Recipe For Chaos And Confusion: Consumers, Companies, And Courts Are Hungry For Improved U.S. Food And Beverage Regulations, 54 Uic J. Marshall L. Rev. 567 (2021), Zoe Wolkowitz

UIC Law Review

No abstract provided.

Horses, Humans, And The Law: A Study Of Four Pillars Of Support For Horse Ownership, Elaine M. Ramesh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Perfluoroalkyl And Polyfluoroalkyl Substances: Using Law And Policy To Address These Environmental Health Hazards In The United States, Jennifer Black, Amanda Moreland, Montrece Mcneill Ransom, Emely Sanchez

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Environmental Health, Public Health, Or Individual Health? The Complications Of Using Eco-Labels For Food Governance, Steph Tai

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Creating An Open Works Workshop, Jenelys Cox, Nicolas Parés

University Libraries: Staff Scholarship

Learn how to use Creative Commons licensing, choose a hosting platform, and remix open resources. This workshop explores open resource repositories, examines Creative Commons licenses, remixes materials into a group creative work, and walks participants through considerations when hosting works. This workshop supplies valuable, hands-on experience for participants.

Water Is Life: Law, Systemic Racism, And Water Security In Indian Country, Heather Tanana, Julie Combs, Aila Hoss

Utah Law Faculty Scholarship

The 21st Century has been marked by significant advancements in technology, from travel to Mars and self-driving cars to smartphones and bitcoin. And yet, at the same time, hundreds of thousands of Native Americans live without access to safe, clean and reliable drinking water. By some estimates, 48% of households on Indian reservations do not have clean water or adequate sanitation. This lack of access has been highlighted by the coronavirus pandemic, but it is not a new issue. Native American communities have long suffered inequities stemming from colonization and perpetrated by federal policy. While the pandemic has devastated many …

Deconfounding And Sandboxing Patent Litigation With A Specialized Patent Trial Court, Jeremy W. Bock

Maryland Law Review

No abstract provided.

Carbon Taxes And Economic Inequality, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Good With Words: Speaking And Presenting, Patrick Barry

Books

Suppose you were good with words. Suppose when you decided to speak, the message you delivered—and the way you delivered it—successfully connected with your intended audience. What would that mean for your career prospects? What would that mean for your comfort level in social situations? And perhaps most importantly, what would that mean for your satisfaction with the personal relationships you value the most?

This book is designed to help you find out. Based on an award-winning course and workshop series at the University of Michigan taken by students training to enter a wide range of fields—law, business, medicine, social …

The Death Of Abortion: If Roe V. Wade Is Overturned, Can The Right To Choose Be Upheld Under The Arguments Used To Establish An Individual’S Right To Physician-Assisted Suicide?, Jennifer Mccoy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

"Times They Are A Changin'" - Can The Ad Tech Industry Survive In A Privacy Conscious World?, Meaghan Donahue

Catholic University Journal of Law and Technology

The "ad tech ecosystem" is a web of interconnected technologies and intermediaries that facilitate targeted advertising based on consumer data, and supports the free internet while providing users with promotional content relevant to their interests. However, in recent years, lawmakers and consumer advocates have highlighted the dangers associated with the unregulated use of consumer data for advertising purposes, prompting a flurry of legislative action at both the state and federal levels. These various laws and proposed bills impose new challenges on the ad tech industry--threatening to fundamentally change the way the business operates. However, through innovation and creative thinking, the …

The Children Parliament Left Behind: Examining The Inequity Of Funding In An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Rachel Garrett

Canadian Journal of Family Law

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force in January of 2020, containing many innovative provisions aimed at affirming the jurisdiction of Indigenous peoples and providing services for Indigenous families. Ground- breaking provisions within the Act create a positive obligation on the government to provide services to Indigenous children who otherwise would have been apprehended due to their socioeconomic status. However, the Act lacks a concrete funding provision. This legislative comment conducts an exercise in statutory interpretation to conclude that the current omission of a funding provision within the legislation …

Centering Racial Equity: Disparities Task Forces As A Strategy To Ensure An Equitable Pandemic Response, Dawn M. Hunter, Betsy Lawton

Saint Louis University Journal of Health Law & Policy

COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that the systems and structures that lead to these disparities need to be changed in order to achieve equitable outcomes.

This Article assesses efforts by cities, counties, states, and organizations to address the impact of COVID-19 on communities of color through formal task forces or working groups …

Retaining Medicaid Covid-19 Changes To Support Community Living, Elizabeth Edwards, David Machledt, Jennifer Lav

Saint Louis University Journal of Health Law & Policy

The impact of COVID-19 on people with disabilities in institutional settings, like nursing facilities, has garnered significant attention. But people receiving comparable services in the community have also been affected significantly. States used several emergency authorities in efforts to facilitate access to and stabilize these Medicaid home and community-based services (HCBS), including behavioral health services. Although states made different policy choices within those authorities, many states expanded the provider pool, increased HCBS provider rates, decreased onerous utilization controls and other barriers to care, expanded telehealth, and added new community-based services. These state policy responses have resulted in new services or …

Lessons Learned From Community-Driven Responsiveness During Covid-19, Amanda Harris, Brittini "Ree Belle" Gray, Ciearra Walker, Melinique Walls Castellanos

Saint Louis University Journal of Health Law & Policy

People of color are suffering and dying from COVID-19 at greater rates than the general population. Additionally, population-level health interventions can worsen health disparities by failing to reach already underserved populations. In response, PrepareSTL, a collaborative, community-led campaign, aims to reach communities of color in St. Louis with accessible information and resources to stop the spread of the coronavirus among the target audiences and help these communities survive the virus’s adverse social and economic impacts. This study (1) analyzes factors contributing to the success of PrepareSTL as a community-led and equity-centered response to COVID-19 and (2) identifies lessons from the …

Skirting The Law: Medicaid Block Grants And Per-Capita Caps In A Pandemic, Laura D. Hermer

Saint Louis University Journal of Health Law & Policy

To what extent can an administration abridge Medicaid’s entitlement status by administrative fiat? In the final year of the Trump administration, just before the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) sought to push the outer bounds of this question by announcing the Healthy Adult Opportunity (HAO) initiative. It invited states to submit § 1115 demonstration applications to cover individuals not eligible for Medicaid benefits under the state’s Medicaid plan—meaning, in many cases, the Affordable Care Act’s (ACA’s) Medicaid expansion population. Spending on those populations would be capped, not by purporting to waive federal law regarding matching …

Enforcing The “Safe And Sanitary” Environment Standard Within U.S. Detention Facilities To Save Children’S Lives, Anam A. Khan

Saint Louis University Journal of Health Law & Policy

Overcrowding and unsanitary conditions within Customs and Border Protection (CBP) detention facilities are ideal for the transmission of infectious disease among CBP detainees. This is a dangerous problem. Between 2018 and 2019, at least six children died after acquiring infectious diseases while detained at CBP facilities. Migrant children are particularly vulnerable because their immune systems are not fully developed and due to the negative impact of trauma and stress have on their immune systems. Infectious disease promulgation within CBP facilities also puts the American public at risk because of the potential for transmission beyond CBP facilities. Employees who are regularly …

Kentucky’S Hunger Crisis: A Preventable & Overlooked Tragedy, Ryan Quarles

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need, Nicholas G. Miller

University of Florida Journal of Law & Public Policy

No abstract provided.

Skirting The Law: Medicaid Block Grants And Per-Capita Caps In A Pandemic, Laura D. Hermer

Faculty Scholarship

To what extent can an administration abridge Medicaid’s entitlement status by administrative fiat? In the final year of the Trump administration, just before the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) sought to push the outer bounds of this question by announcing the Healthy Adult Opportunity (HAO) initiative. It invited states to submit § 1115 demonstration applications to cover individuals not eligible for Medicaid benefits under the state’ s Medicaid plan—meaning, in many cases, the Affordable Care Act’s (ACA’s) Medicaid expansion population. Spending on those populations would be capped, not by purporting to waive federal law regarding …

Wage Enslavement: How The Tax System Holds Back Historically Disadvantaged Groups Of Americans, David Gamage, Goldburn P. Maynard Jr.

Faculty Publications

Despite the importance placed on equality of opportunity within United States political culture, the existing tax system inhibits historically disadvantaged groups from building wealth or catching up with historically more privileged groups. This effectively then traps many members of historically disadvantaged groups into a continued cycle of dependence on tax-disfavored wage and salary income, a phenomenon that we metaphorically label as “wage enslavement.” This Article explains this phenomenon and then calls for reform.

Manipulating Disclosure: Creative Compliance In The Israeli Food Industry, Sharon Yadin

Saint Louis University Law Journal

Front-of-package food labels meant to inform consumers of the food’s nutritional values through simple and easy-to-comprehend graphic rating and warning systems are gaining increasing popularity in regulatory spheres. Around the world, health regulators have adopted front-of-package disclosure systems based on infographics, symbols, logos, colors, numbers, and letters, via both mandatory and voluntary schemes, while others, such as the U.S. Food and Drug Administration (“FDA”), are considering adopting them. The recent Israeli food-labeling reform reveals consumer misinformation tactics deployed by food companies through various graphic manipulations that can be regarded as “creative compliance.” Adding to the policy and theory of disclosure …

Hidden Hunger In Peacetime And Wartime: Retailoring The 'Responsibility To Protect' To Food-Power Discourses In Burundi And North Korea, Between International Politics And International Law, Riccardo Vecellio Segate

North Carolina Journal of International Law

No abstract provided.

Limitations Of The Equal Pay Act And Its Blocks On The United States Women’S National Soccer Team’S Pay Discrimination Claim, Emily Mastrocola

Student Works

No abstract provided.

Visibility And Indivisibility In Resource Arrangements, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Projects like highways, bridges, pipelines, and wildlife corridors exhibit indivisibilities — we need the whole thing to have anything of value. Many environmental and social goals have a similar all-or-nothing character: staying above or below a certain critical threshold can make all the difference. This essay focuses on the role of visibility in addressing resource dilemmas that have this structure. I examine how two kinds of visibility can help avoid catastrophic consequences and advance desirable ones. The first involves recognizing when an indivisibility is present — that is, appreciating the vulnerability of resources to thresholds and cliff effects before it …

The Ideal And The Actual In Procedural Due Process, Norman W. Spaulding

UC Law Constitutional Quarterly

The law proceduralists write about and teach is nothing like what most ordinary Americans experience when they step into court. Indeed, the evidence shows that most Americans who have legal problems do not ever get to court, nor do they receive a meaningful alternative hearing. In this way both judicial and academic discourse on procedure, even among those who see glaring problems of access to justice, is idealized, abstract, and ossified—unconnected to the actual. This Essay describes the ideal/actual divide in procedure—the cognitive, doctrinal and ideological effects of lingering on the ideal side of it, and the forms of subordination …

The Happy Families Of Tax Law, Carla Spivack

North Carolina Law Review

No abstract provided.

Attitudes Toward Withholding Antibiotics From People With Dementia Lacking Decisional Capacity: Findings From A Survey Of Canadian Stakeholders, Gina Bravo, Lieve Van Den Block, Jocelyn Downie, Marcel Arcand, Lise Trottier

Articles, Book Chapters, & Popular Press

Background

Healthcare professionals and surrogate decision-makers often face the difficult decision of whether to initiate or withhold antibiotics from people with dementia who have developed a life-threatening infection after losing decisional capacity.

Methods

We conducted a vignette-based survey among 1050 Quebec stakeholders (senior citizens, family caregivers, nurses and physicians; response rate 49.4%) to (1) assess their attitudes toward withholding antibiotics from people with dementia lacking decisional capacity; (2) compare attitudes between dementia stages and stakeholder groups; and (3) investigate other correlates of attitudes, including support for continuous deep sedation (CDS) and medical assistance in dying (MAID). The vignettes feature a …