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Seattle Journal for Social Justice

No abstract provided.

All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards

Pace Environmental Law Review

No abstract provided.

Treating Poverty: Legal Tools For Health-Harming Needs, Alice Setrini

DePaul Law Review

No abstract provided.

Health In All Policies For Government: Promise, Progress, And Pitfalls To Achieving Health Equity, Raj C. Shah, Sarah R. Kamensky

DePaul Law Review

No abstract provided.

Guess Who? Reducing The Role Of Juries In Determining Libel Plaintiffs' Identities, Nat Stern

St. John's Law Review

(Excerpt)

During the nomination hearings for now-Justice Brett Kavanaugh, considerable attention was drawn to a high school friend’s memoir featuring a fellow student named “Bart O’Kavanaugh.” By the memoir’s account, “O’Kavanaugh” in one episode blacked out—apparently from alcohol—on his return from a party. For any number of possible reasons, Justice Kavanaugh did not bring a libel suit against the book’s author. If he had, however, a crucial threshold issue—preceding questions of falsity and intent—would have been whether the memoir’s portrayal of “O’Kavanaugh” amounted to a false depiction of Kavanaugh himself. In the parlance of defamation doctrine, Justice Kavanaugh would have …

Civil Procedure And Economic Inequality, Maureen Carroll

DePaul Law Review

No abstract provided.

The Emergence Of Wearable Technology And The Legal Implications For Athletes, Teams, Leagues And Other Sports Organizations Across Amateur And Professional Athletics, Anthony Studnicka

DePaul Journal of Sports Law

The year was 1998. The Chicago Bulls were playing in Game 6 of the NBA Finals against the Utah Jazz. Michael Jordan was wearing his iconic, bright, red number 23 Bulls jersey. Jordan had led the Bulls to their third consecutive finals appearance, pursuing their sixth NBA Championship title of the decade. However, this was not his fight alone, as his teammates were fighting merely to get on the court. Ron Harper was playing while sick, and Toni Kukoc was battling fatigue. Another teammate and future Hall of Famer Scottie Pippen was playing through an injury. The extent of the …

Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper

William & Mary Business Law Review

Federal law requires accessibility for public sector websites. What about the web pages and apps of hotels, restaurants, and tourism providers? The Americans with Disabilities Act may cover private sector websites if they are considered a place of public accommodation, but the law is unclear. This Article will provide an overview of the legal responsibilities of operators to provide accessibility to persons with disabilities, discuss the World Wide Web Consortium’s guidelines for web accessibility, and argue that the hospitality and tourism industry has a unique ethical obligation to fill in the gap where the legal system has failed this population.

Minding The Gaps In Regulation Of Do-It-Yourself Biotechnology, Barbara J. Evans

DePaul Journal of Health Care Law

No abstract provided.

Feeding The World: How Changes In Biotech Regulation Can Jump-Start The Second Green Revolution And Diversify The Agricultural Industry, John A. Erwin, Robert Glennon

William & Mary Environmental Law and Policy Review

As the Earth’s population climbs from 7.7 billion in 2019 to almost 10 billion by mid-century, farmers will need to increase food production by 70 percent. This Article analyzes the tools available to achieve this demanding goal. We assess changes in agriculture related to both the organic industry and the high-tech sector that are enabling farmers to become more efficient. Critically, biotechnology offers great promise to hasten the pace of increased agricultural efficiency through genetic engineering. While genetic modification has been controversial, we cannot exclude any viable policy option, especially one with so much promise. Yet the current regulatory environment …

Disability's Encounter With Legislation And Governance: Long-Term Care Homes In Ontario, Po Land Lai

PhD Dissertations

This dissertation is a comprehensive study of the new legal framework for the long-term care (LTC) sector (also known as nursing homes) in Ontario, Canada. The research sought to answer the following question: What are the potential implications for persons with disabilities of the changes made by the Government of Ontario between 2004 and 2018 to the legislation and governance of treatment, care and living circumstances within LTC homes? LTC is where many older women with disabilities and serious illnesses experience care. This study brings a gendered disability perspective to a public policy issue that is usually singularly associated with …

Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng

Immigration and Human Rights Law Review

The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws …

Symposium: Pandemics And The Constitution: Positive Constitutionalism In A Pandemic: Demanding Responsibility From The Trump Administration, Ruthann Robson

ConLawNOW

We have become accustomed to conceiving of our constitutional rights as affording protection only against government infringement, but not as granting us any positive rights to claim government protection or action. The circumstances surrounding the COVID-19 pandemic should make us question this reflexive resort to negative constitutionalism. The numerous failures of the present federal Administration to ameliorate and address the pandemic are startling. Even under current doctrinal limits of negative rights, the Administration’s failures should give rise to individual constitutional claims. Most importantly, we should reorient our constitutional frameworks, theories, and doctrines toward recognition of positive rights to health and …

Reckoning With Adjudication’S Exceptionalism Norm, Emily S. Bremer

Duke Law Journal

Unlike rulemaking and judicial review, administrative adjudication is governed by a norm of exceptionalism. Agencies rarely adjudicate according to the Administrative Procedure Act’s formal adjudication provisions, and the statute has little role in defining informal adjudication or specifying its minimum procedural requirements. Due process has almost nothing to say about the matter. The result is that there are few uniform, cross-cutting procedural requirements in adjudication, and most hearings are conducted using procedures tailored for individual agencies or programs. This Article explores the benefits and costs of adjudication’s exceptionalism norm, an analysis that implicates the familiar tension between uniformity and specialization …

One Size Fits All: A Federal Approach To Accurate Labeling Of Consumer Products, Stephanie M. Neitzel

Journal of Health Care Law and Policy

No abstract provided.

Community Health Workers And Behavioral Health Care, Richard C. Boldt, Eleanor T. Chung

Journal of Health Care Law and Policy

No abstract provided.

Restraints In Massachusetts Public Schools, Elyce Hall

Master’s Theses and Projects

The purpose of this research study was to investigate the moral and legal issues around physically restraining students in Massachusetts public schools. As Massachusetts law is written, the use of restraints on a student should be the last possible resort. However, this thesis used data on restraint use from the Massachusetts Department of Education and a survey of school administrators to gain a better understanding of the 38,994 student restraints that were used in 2016-2017 school year. Findings of this study include that Hispanic and African-American students were more likely to attend schools that used restraints than those that did …

Examining Farm Bill Expenditures Over The Last Decade, Bailey Riggs

Agricultural Economics and Agribusiness Undergraduate Honors Theses

The American Farm Bill is a bill that is passed by Congress every five to six years. This legislation is omnibus, meaning it covers a wide variety of topics such as nutrition, conservation, rural development, crop insurance, and much more. This thesis will study the effectiveness of the allocation of funding covered in the Farm Bill, specifically Farm Bills from the last 12 years. This bill has a significant impact on farmers who need support from the government to remain profitable and continue their operation. This thesis will examine how shifts in funding can affect farmers growing crops, raising beef …

Faith, Law, And Love: Peg Brinig's Legacy, Stephanos Bibas

Notre Dame Law Review

The central question in Peg Brinig’s work is how the law can help intimate associations to raise healthy kids. She pursues this theme through a variety of inquiries, ranging from parochial schools in big-city neighborhoods to covenant-marriage laws in Louisiana. Her answers depend on context, varying with how close each social actor or institution is to the process of raising children. But nearly all her recommendations seek to foster permanent, loving, involved social environments.

Following Brinig’s lead, I’ll celebrate her work by highlighting some of the answers she offers in three different social contexts. In Part I, I’ll explore her …

Journal Of Food Law & Policy - Spring 2020, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …

Milk And Law In The Anthropocene: Colonialism's Dietary Interventions, Kelly Struthers Montford

Journal of Food Law & Policy

It is widely accepted that we are living in the Anthropocene: the age in which human activity has fundamentally altered earth systems and processes. Decolonial scholars have argued that colonialism’s shaping of the earth’s ecologies and severing of Indigenous relations to animals have provided the conditions of possibility for the Anthropocene. With this, colonialism has irreversibly altered diets on a global scale. I argue that dairy in the settler contexts of Canada and the United States remains possible because of colonialism’s severing of Indigenous relations of interrelatedness with the more-than-human world. I discuss how colonialism—which has included the institution of …

Something To Celebrate?: Demoting Dairy In Canada's National Food Guide, Maneesha Deckha

Journal of Food Law & Policy

In early 2019, the Canadian Government released the much-anticipated new Canada Food Guide. It is a food guide that de-emphasizes dairy products and promotes plant-based eating. Notably, in the new version, milk and milk products are de-listed as one of the previously four essential food groups. On the surface, it seems that the federal government is promoting veganism and helping to bring about a friendlier future for animals and humans harmed by being producers and consumers of dairy, as the new Guide may seriously contract the currently robust Canadian dairy industry and its powerful lobby. On closer inspection, the messaging …

"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu

Journal of Food Law & Policy

Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …

Milk And The Motherland? Colonial Legacies Of Taste And The Law In The Anglophone Caribbean, Merisa S. Thompson

Journal of Food Law & Policy

This paper tells a story of the relationship between colonialism and capitalism through the lens of “milk” and “the law” in the Caribbean. Despite high levels of lactose intolerance amongst its population, milk is a regular part of many Caribbean diets and features prominently in its foodscapes. This represents a distinctive colonial inheritance that is the result of centuries of ongoing colonial violence and displacement. Taking a feminist and intersectional approach, the paper draws on analysis of key pieces of colonial legislation at significant historical junctures and secondary literature to do three things. Firstly, it examines how law aided the …

The Origins And Future Of Global Health Law: Regulation, Security, And Pluralism, Sam F. Halabi

Faculty Publications

The COVID-19 pandemic has presented a global health crisis unlike any seen in the seventy-five years since the United Nations and the World Health Organization were formed - one that is killing people, spreading human suffering, and upending people's lives. But this is much more than a health crisis. It is a human crisis. The coronavirus disease (COVID-19) is attacking societies at their core. It is therefore a crucial point around which to focus the capability of national and global institutions to address this essential threat to human health and life.

The purposes of this Article are to revisit and …

From Inactivity To Full Enforcement: The Implementation Of The "Do No Harm" Approach In Initial Coin Offerings, Marco Dell'erba

Michigan Technology Law Review

This Article analyzes the way the Securities and Exchange Commission (“SEC”) has enforced securities laws with regard to Initial Coin Offerings (“ICOs”). In a speech held in 2016, the U.S. Commodities Futures Trading Commission (“CFTC”) Chairman Christopher Giancarlo emphasized the similarities between the advent of the blockchain technology and the Internet era. He offered the “do no harm” approach as the best way to regulate blockchain technology. The Clinton administration implemented the “do no harm” approach at the beginning of the Internet Era in the 1990s when regulators sought to support technological innovations without stifling them with burdensome rules.

This …

Editor's Note, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

George Peter Mwanza And Melvin Beene V Attorney General Appeal No. 153/2016 Sc Selected Judgment No. 33 Of 2019, Ellah T.M. Siang’Andu

SAIPAR Case Review

On the 9th December 2019, the Supreme Court of Zambia delivered a landmark decision changing the human rights jurisprudence in the context of protecting and preserving the fundamental human rights of prisoners. The appellants were HIV positive and were both in custody at the Lusaka Central Prison. They petitioned the High Court contending breach of their rights to life and protection from inhuman treatment contrary to the Republican Constitution. The argument of the appellants was that the State’s failure to consider their dietary and health needs, due to the budgetary and logistical restraints, fell short of all prescribed standards for …

Health Inequalities, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The vast health inequalities in the United States and beyond that COVID-19 makes glaringly evident are frequently masked by aggregate statistics, which for years had been showing health improvements. Yet these improvements were inequitably distributed, with benefits disproportionately going to wealthier – and in the United States, white – populations. Globally, vast health inequities also exist among and within countries. The inequalities, which have also helped fuel the rise of populism, extend far beyond health care, including to wealth and income. Disaggregated, granular data is critical to understanding these inequalities.

Addressing health inequities must extend far beyond universal access to …