Digital Commons Network^™

Competing Free Speech Rights: Evaluating Compelled Disclosures On Food Packaging In A Way That Reflects Scientific Realities - Or A Lack Thereof, Rakelle Shapiro

Cardozo Law Review

No abstract provided.

Making The Case For A Right To A Healthy Environment For The Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, Sarah Dávila-Ruhaak

Michigan Journal of Environmental & Administrative Law

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals …

Expertise In Political Contexts: Latour Avec The Third Wave In Science And Technology Studies, David S. Caudill

Faculty Publications

The interdiscipline of science and technology studies (‘STS’) has been characterized by its descriptive analyses of the presumptions and practices of scientific communities, and by numerous theoretical internal debates over the proper framework of analysis of science. While STS has not been characterized by a powerful effect on law and government, both of which are consumers of scientific expertise, an opportunity arises for engagement in public policy disputes due to the willful ignorance regarding science in the Trump administration, and the negative effects of political agendas and conflicts of interest therein. The urgent need for reliable expertise in such political …

Primary Jurisdiction And The Limits Of Measurement In Mass Litigation, Jeff Lingwall

Pace Law Review

This Article examines the use of primary jurisdiction through the lens of institutional economics and the ongoing revolution in pre-suit, plaintiff-side testing in mass litigation. In this setting, primary jurisdiction serves a necessary pro-agency institutional role. The ability of plaintiffs’ attorneys to easily generate sophisticated laboratory testing results has allowed them to create a quasi-regulatory quality-control regime for defendants’ products and extract value from it through enhanced settlements. This offers defendants the burdens of regulation without the benefits of uniformity or policymakers with subject-matter expertise and capacity for public input. Primary jurisdiction enables defendants in mass litigation to move these …

Health Literacy In Students In Queens, Ny, Joohyun Lee, Nitesh Kunda

Journal of Vincentian Social Action

No abstract provided.

Health Justice Is Racial Justice: A Legal Action Agenda For Health Disparities, Sheila Foster, Yael Cannon, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Acknowledging the urgency of both health and racial justice in this moment, Sheila Foster, Yael Cannon, and M. Gregg Bloche set forth a legal agenda to fight the health effects of racism in housing, policing, the environment, and other areas.

The Antitrust Impact Of Venture Capital Firms On Concentration In The Technology Sector, Bushra Samimi

UC Law Science and Technology Journal

Technology plays a significant and crucial role in the current global economy. It impacts consumer welfare, the job market, economic progress, and the emergence of innovative technology. Due to the fact that the technology sector provides necessary and critical services, technology companies exercise immense power over consumers who rely on their products. The rising concentration in the technology sector magnifies the potential anticompetitive forces at play. This article argues that venture capital financing leads to anticompetitive effects in the technology industry. Although most startups intend to eventually go public through an initial public offering (“IPO”), the liquidity pressures from venture …

Recent Decisions

The Journal of Law and Education

No abstract provided.

Paradise Lost?: A New Legal Theory To Combat Climate Change In South Carolina, Anna C. Parham

South Carolina Law Review

No abstract provided.

Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein

Indiana Law Journal

The law of trademark tarnishment—a type of trademark dilution—is in disarray. The

basic definition is deceptively simple. Trademark tarnishment occurs when a junior

mark harms the reputation of a substantially similar existing senior trademark by

associating itself with something perverse or deviant. However, it turns out that

Congress and the courts disagree over the prima facie evidence necessary to prove

its existence. The problem is that federal law and related legal principles are simply

ill-equipped to adequately analyze this unique market-driven doctrine. To make

matters worse, legal scholars cannot even agree on whether trademark tarnishment

can empirically exist in the …

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Cornell Law Review

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. Chevron as construction is supported by powerful arguments; it …

Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan

Indiana Law Journal

This Comment argues that the Policy should be repealed because it undermines

firmly held First Amendment values and would be considered unconstitutional if

applied to domestic nongovernmental organizations (DNGOs). It proceeds in four

parts. Part I describes the inception of the Policy and contextualizes it among other

antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s

landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on

FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues

that the Policy undermines democratic processes abroad and fails to achieve its stated

objective: reducing …

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Faculty Scholarship

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. In cases that involve statutory construction, the argument on …

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Georgetown Law Faculty Publications and Other Works

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. Chevron as construction is supported by powerful arguments; it …

Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing

UC Law Journal of Race and Economic Justice

In the 1980s, tens of thousands of Central Americans fled to the United States seeking refuge from civil unrest that ravaged their countries. In a largely geopolitical response, the Reagan administration labeled those fleeing Guatemala and El Salvador as “economic migrants,” detained them, and largely denied their asylum claims. The illegal discrimination against these refugees was exposed in a series of lawsuits and through congressional investigations. This led to the reconsideration of thousands of cases, the enlistment of a corps of asylum officers, and an agreement on the conditions under which migrant children could be detained.

Unfortunately, the lessons of …

Recommendations: Putting An End To Child Labour In Pakistan!, Meesha Iqbal, Zafar Fatmi, Kausar S. Khan, Asaad Ahmed Nafees, Neelma Amjad

Community Health Sciences

Child labour is rampant in Pakistan since ages. Laws, policies, programmes and strategies to eliminate child labour have been in place with little gain. Implementation of laws and sustainability of programmes offer barriers to eliminate the menace. We recommend a new approach of regulating child labour as a strategy to eliminate it in the longer run. Model districts with drop-in-centres offering free education to the working children should be constructed. The key stakeholders should unite on a common platform to formulate guidelines defining the nature and duration of work for children in various sectors such that they have sufficient time …

Female Genital Mutilation/Cutting: A Review Of Laws And Policies In Kenya And Nigeria, Samuel Kimani, Otibho Obianwu

Reproductive Health

Female genital mutilation/cutting (FGM/C) is a cultural practice that has health and human rights impacts on girls and women. The health sector has responsibility for prevention and response to provision of care services to women/girls with FGM/C-related complications. The mandate for the health sector response to FGM/C is anchored in nationwide or sector-specific legal/policy instruments. Kenya and Nigeria have ratified global legal/policy instruments and adopted WHO guidelines/tools for the prevention and management of FGM/C. The extent to which existing legal/policy documents in these two countries address prevention and response to management of FGM/C has been unclear. A desk review was …

Law’S Coevolution, Alan Calnan

Tulsa Law Review

No abstract provided.

Bettering The Best Interest Test: End-Of-Life Treatment Decisions For Young Children, Cassandra Dougherty

San Diego International Law Journal

The Comment will compare the laws governing end-of-life care for minors in the United Kingdom, Israel, Australia, and the United States; it will explore cases like Tinslee’s that have illustrated the disagreements between guardians and physicians over end-of-life treatment decisions for critically ill children, and it will focus on two prominent British cases. The Comment will examine the historical influences and motivations of the diverse legal schemes and how different legal systems address the relevant issues. It will conclude by proposing a model standard.

Parts I and II will explore the two pivotal concerns in determining who should make the …

Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb

Barry Law Review

No abstract provided.

Biomedcentral (Bmc) 2019 – 2020, Anqi Shi, Heather Morrison

Copyright, Fair Use, Scholarly Communication, etc.

Key points

• Open access commercial publishing pioneer BMC is now wholly owned by a private company with a portfolio including lines of business that derive revenue from journal subscriptions, book sales, and textbook sales and rentals
• Two former BMC fully OA journals, listed in DOAJ from 2014 – 2018 as having CC-BY licenses, are now hybrid and listed on the Springer website and have disappeared from the BMC website
• 67% of BMC journals with APCs in 2019 and 2020 increased in price and 11% decreased in price.
• Journals with price increases had a higher average APC in 2019, i.e. more …

Indigenous Feminism Perspectives On Environmental Justice, Deborah Mcgregor

Articles & Book Chapters

In this chapter, you will learn about the emergence of a distinct theoretical, methodological, and practical approach for accounting for gender in relation to environmental justice called Indigenous feminism. Indigenous feminism will be defined and outlined as an important field of study to advance the contributions, insights, rights, and responsibilities of Indigenous women. While the ideology of feminism has been in existence for decades, Indigenous feminism has only recently emerged. Joyce Green, an Indigenous scholar, writes that Indigenous feminism seeks to “raise issues of colonialism, racism and sexism and unpleasant synergies between these three violations of human rights” (Green, 2007, …

Federal Protection For "Fur-Babies": A Legislative Proposal, Rebecca Ferrari

Pepperdine Law Review

Americans love their animals, but America doesn’t protect them. Across the country, animals continue to be classified as mere property, undeserving of any basic rights and unprotected by the animal welfare statutes that do exist, but often remain unenforced. This Article proposes a comprehensive animal protection system that includes the following components: (a) general prohibitions against animal crushing, cruelty, neglect, and abuse; (b) a civil action provision that will allow humane society officers to investigate violations of those prohibitions; (c) a provision establishing animal legal advocates to work alongside the officers and prosecute violations; and (d) an animal-suit provision to …

Hatching A Plan For Local Communities: Environmental Justice In Poultry Siting Decisions, Diana Stanley

Washington Journal of Environmental Law & Policy

One of the implementation problems for environmental justice is reconciling the need to protect public health with the economic realities of struggling communities. This article explores that tension through the lens of siting decisions for large scale poultry operations in rural communities. Poultry siting decisions have major economic and environmental impacts and have been underdiscussed in the environmental justice literature. This article focuses on the role of law and policy in concentrated animal feeding operation (CAFO) siting— from community benefit agreements to Right to Farm legislation. It uses a Kansas CAFO siting and the wider Kansas experience as a case …

Kenya’S Intellectual Property Bill, 2020, And Its Shortcomings In Adopting All Lawful Trips Public Health Flexibilities, Brook K. Baker

Joint PIJIP/TLS Research Paper Series

Given the importance of access to medicines to human rights and well-being in Kenya, it is appropriate to analyze whether Kenya has currently incorporated the allowed public health flexibilities to the greatest extent possible in its draft Intellectual Property Bill, 2020. This analysis will focus on the patent, utility model, and enforcement measures only as they are the ones directly relevant to access to medicines and other health technologies. The analysis starts with the premise that Kenya wishes to avoid granting unwarranted patents on unworthy inventions, especially with respect to medicines and other health technologies. In particular, the assumption is …

Social-Ecological And Protective Factor Approach To Managing Parental Incarceration, Jacquelyn Harris

Dissertations

Mass imprisonment does not only impact the incarcerated individual; it also affects approximately five million children in the United States. Researchers identified and compare the impact of parental incarceration on child development. They acknowledged the protective factors across the lifecycle from a social-ecological perspective and specifically related to parental incarceration. The comprehensive literature review inspired an innovative model, the social-ecological and protective factor approach to managing parental incarceration. The primary goal of this model is to combat the detrimental effects of parental incarceration by identifying protective factors across the lifecycle and throughout the microsystem, mesosystem, and exosystem. This model is …

June 2020 Magazine

Ergo

No abstract provided.

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how consultation …

Plastics, The Death Of Sea Turtles And American Businessmen: The Value In American Businesses In Adhering To An International Standard Of Sustainability, Navpreet Natt

Journal of International Business and Law

No abstract provided.

Integrative Environmental Law: A Prescription For Law In The Time Of Climate Change, Alyson C. Flournoy

Duke Environmental Law & Policy Forum

As the magnitude of the threat posed by climate change has become increasingly apparent, scholars and practitioners have begun a dialogue about how to reform environmental law to meet the challenge. Concepts like adaptive management, sustainability, and resilience have emerged in succession, as policy makers and scholars search for new moorings for our ethical and legal framework. While useful, these concepts have failed to provide a vision, goal, or solid ethical grounding for environmental law in the era of climate change.

This project takes a new approach by exploring what we can learn from the field of Integrative Medicine. The …