Digital Commons Network^™

Welcome And Introductory Remarks, Jonathan Baker

Presentations

Video link: https://vimeo.com/352303633 Audio link: https://www.ftc.gov/news-events/audio-video/audio/economics-big-data-privacy-competition-introduction The Federal Trade Commission held the sixth session in its Hearings initiative, with two and a half days of sessions on November 6 – 8, 2018, at American University Washington College of Law, in Washington, D.C. The hearings examined the role that data play in competition and innovation and will also consider the antitrust analysis of mergers and firm conduct where data is a key asset or product. The Commission invited public comment on these issues, including the questions listed below. Comments were due January 7, 2019. If any entity has provided funding for …

The Restoration Remedy In Private Law, Omri Ben-Shahar, Ariel Porat

Articles

No abstract provided.

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

The 2018 Virginia General Assembly enacted legislation to conform the interpretation of wills with trusts, revised the recent trust decanting and augmented estate statutes, and provided a procedure for resolving doctor/patient disputes over appropriate medical care. It also confirmed the creditor protection available for life insurance and annuities, and addressed certain entities’ eligibility for real and personal property tax exemptions, annual disclosures of charitable organizations’ administrative and charitable service expenses, virtual nonstock corporation member meetings, bank directors’ stock holdings, the disposition of unused tax credits at the taxpayer’s death, and fiduciary qualification without surety. The Supreme Court of Virginia handed …

Energy For Metropolis, Nadia B. Ahmad

University of Miami Law Review

Throughout the past decade, municipal governments have steadily increased climate change adaptation measures, natural resource conservation programs, and clean energy initiatives. Through energy efficiency measures and renewable energy mandates, cities are poised to make significant impacts in the reduction of greenhouse gas emissions and the mitigation of climate risks in the clean energy transition. This Article addresses municipal directives of advanced biofuels as an integral part of the clean energy transition. Existing laws and policies have critical design flaws. Specifically, the Renewable Fuel Standard (“RFS”) has proven to be burdensome and complex, producing more unintended consequences than desired outcomes. Problems …

Three Alternatives For Managing Free-Roaming Horses And Burros: A Legal Reform, C.J. Michaels

Natural Resources Journal

The Wild Free-Roaming Horses and Burros Act is overdue for repeal or revision. The Wild Horse and Burro Program is expensive for taxpayers, detrimental to rangelands, and harmful to the thousands of free-roaming equines it is intended to benefit. For nearly half a century, the Bureau of Land Management and United States Forest Service have struggled to balance the mandates of the Wild Free-Roaming Horses and Burros Act amidst a political and social climate that makes compliance impossible. Forty-six years after the Act was passed, the agencies are further from arriving at a solution than they have ever been. The …

Can Judges Be Uncivilly Obedient?, Brannon P. Denning

William & Mary Law Review

In a recent article, Jessica Bulman-Pozen and David Pozen identified “uncivil obedience” as a tactic for protesting laws or regulations, not by violating the law, as with civil disobedience, but rather by scrupulous attendance to it. They noted that it is a tactic available to private and public actors alike, but were doubtful that a judicial variety existed. They were skeptical because, in their opinion, even hyper-formalist legal opinions would be unlikely to be perceived as provocative as scrupulous adherence to the letter of the law might be when practiced by non-judicial actors. In this Article, I argue that judicial …

How Has Mcdonnell Affected Prosecutors’ Ability To Police Public Corruption? What Are Politicians And Lobbyists Allowed To Do, And What Are Prosecutors Able To Prosecute?, Vincent L. Briccetti, Amie Ely, Alexandra Shapiro, Dan Stein

Pace Law Review

The question posed to the panelists on the first panel is: How has McDonnell affected prosecutors’ ability to police public corruption? What can politicians and lobbyists do and what can prosecutors prosecute?

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Seattle University Law Review

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …

Law & Health Care Newsletter, Fall 2018

Law & Health Care Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2018

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Intellectual Property, Innovation And The Retail Industry, Singapore Management University

Perspectives@SMU

Think ahead to protect your intellectual property, and leverage on it to deliver customer value

Rebuild Puerto Rico: A Guide To Federal Policy And Advocacy, Center For Puerto Rican Studies

CUNY Centro, The Center for Puerto Rican Studies

Puerto Rico is in a unique position as a beneficiary of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 1974), the law that structures federal natural disaster assistance for state and territories. As explained in this report, disaster support often requires multiple and special appropriations from Congress and the funding allocated for this purpose goes to a multiplicity of local and federal agencies that include Federal Emergency Management Agency (FEMA), the Department of Housing and Urban Development (HUD), and many others. Funding includes short-term assistance, disaster recovery efforts, and multiple assistance programs to individuals, businesses and …

Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, James W. Hazel, Christopher Slobogin

Cornell Journal of Law and Public Policy

Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gathered biological material sent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …

Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Our global food systems create pervasive environmental, social, and health impacts. Impact valuation is an emerging concept that aims to quantify all environmental, social, and health costs of food systems in an attempt to make the true cost of food more transparent. It also is designed to facilitate the transformation of global food systems. The concept of impact valuation is emerging at the same time as, and partly as a response to, calls for the development of legal mechanisms to address environmental, social, and health concerns. Information has long been understood both as a necessary precursor for regulation and as …

Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger

Columbia Center on Sustainable Investment Staff Publications

International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. The obligations established by these treaties, and enforced by means of investor–state arbitration, can present challenges for policy-makers and others seeking to ensure that investments are sustainable, including by affecting the ways in which the costs and benefits of investments are distributed among different actors.

CCSI partnered with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD) to produce a briefing note on agricultural investments under international investment law. The …

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

South Carolina Law Review

No abstract provided.

Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Katherine Fiedler, Steven Lord, Jason J. Czarnezki

Michigan Journal of Environmental & Administrative Law

Our global food systems create pervasive environmental, social, and health impacts. Impact valuation is an emerging concept that aims to quantify all environmental, social, and health costs of food systems in an attempt to make the true cost of food more transparent. It also is designed to facilitate the transformation of global food systems. The concept of impact valuation is emerging at the same time as, and partly as a response to, calls for the development of legal mechanisms to address environmental, social, and health concerns. Information has long been understood both as a necessary precursor for regulation and as …

Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, Christopher Slobogin, James W. Hazel

Vanderbilt Law School Faculty Publications

Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gatheredb iological materials ent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …

Reversal Of Fortune: Moving Pharmaceuticals From Over-The-Counter To Prescription Status?, Lars Noah

Villanova Law Review (1956 - )

No abstract provided.

Fall 2018

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Emma Chapple, Joel Tichinoff

Editors: Sydney Hull, Matt Gruchey

Graphic Design & Layout: Luke MacGillivray

Photography: Luke MacGillivray

The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy

San Diego Law Review

Health care landscape has changed with the introduction of the ACA and will keep changing due to the proposed repeal. The only constant is the desire of health plans and providers to maximize profits and minimize costs, which is attainable through consolidation. This Comment advocates a revision of the existing antitrust guidelines that would (1) recognize unique nature of health care market, (2) be independent from the current or proposed legislation to the maximum possible extent, and (3) reflect the insurer-provider duality, which heavily influences the quality and accessibility of the healthcare for the consumer.

Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn

Research Collection Yong Pung How School Of Law

Griggs et al. (2013) redefine sustainable development as “development that meets the needs of the present while safeguarding Earth’s life-support system, on which the welfare of current and future generations depend.” We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt …

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures, activities, and …

Syrian Refugees In Europe: Migration Dynamics And Political Challenges, Leila Hudson

New England Journal of Public Policy

After 2011 the Syrian conflict caused growing numbers of residents to flee to escape escalating regime brutality and deteriorating economic conditions. In addition to a population of up to eight million internally displaced residents, at least four million Syrians fled to neighboring Arab states and Turkey. Conditions in those countries ranged from desperate to uncomfortable, and between 2014 and 2016 up to a million refugees continued on to seek asylum in Europe. In addition to the trauma of displacement the refugees experienced, the migration left traces on the host and transit countries in the form of economic and infrastructural challenges, …

Migration And Conflict, Padraig O’Malley

New England Journal of Public Policy

The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization—a prescription for violent conflict …

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

The Future Of Tort Litigation For Undocumented Immigrants In Donald Trump’S “Great” America, Dina Lexine Sarver

University of Miami Race & Social Justice Law Review

No abstract provided.

A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch

Seattle University Law Review

The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this Note …

If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch

ILSA Journal of International & Comparative Law

No abstract provided.