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Articles 2611 - 2640 of 10102
Full-Text Articles in Entire DC Network
Attorney Negligence And Negligent Spoliation: The Need For New Tools To Prompt Attorney Competence In Preservation, Paula Schaefer
Attorney Negligence And Negligent Spoliation: The Need For New Tools To Prompt Attorney Competence In Preservation, Paula Schaefer
Akron Law Review
Though case law typically suggests otherwise, attorney negligence is the primary cause of negligent spoliation of evidence. With the advent of ediscovery, it became markedly more difficult for attorneys to competently guide their clients through the steps necessary to preserve evidence¾particularly the categories of evidence most likely to help an opponent in a case. Unlike intentional spoliation instigated by an attorney, negligent spoliation is not the product of calculation. If an attorney were to undertake a cost-benefit analysis, negligent spoliation would not be a rational choice. The field of behavioral legal ethics provides insight into other reasons attorneys fail to …
Work/Community Engagement Requirement Stakeholder Roundtable, Lucy C. Hodder, Jo Porter
Work/Community Engagement Requirement Stakeholder Roundtable, Lucy C. Hodder, Jo Porter
Law Faculty Scholarship
Over the next twelve months, New Hampshire will transition to a new coverage model for the Medicaid expansion program (the "Granite Advantage Program"), and will implement a demonstration engagement requirement, approved focus on the population covered by an emphasis on work status and New Hampshire, see Covering the Care: A Focus on the NH Marketplace).
Visual Methaphor And Trademark Distinctiveness, Dustin Marlan
Visual Methaphor And Trademark Distinctiveness, Dustin Marlan
Washington Law Review
Perhaps because words are the lawyer’s principal instrument, the law gives too little attention to visual images. Invoking Justice Potter Stewart’s infamous statement regarding the law’s inability to define obscenity, “I know it when I see it” is the standard for interpreting images in the law. A greater understanding of the ways in which images make meaning is needed, however, including in trademark law given our increasingly visual economy. This Article examines images in the context of trademark law’s inherent distinctiveness doctrine. While trademark law still lacks a coherent, uniform, and predictable framework for deciding the distinctiveness of visual image …
I Would Like To Request Your Academic Records: Ferpa Protections And The Washington Public Records Act, Tevon Edwards
I Would Like To Request Your Academic Records: Ferpa Protections And The Washington Public Records Act, Tevon Edwards
Washington Law Review
The Washington Public Records Act is a broad mandate for the release of almost all public records. In response to a request, a state or local agency must produce the requested records unless a specific exemption applies. In part to enforce compliance on public agencies, the Public Records Act requires that a requester be compensated for statutory fees, costs, and attorneys’ fees if a government agency declines to provide a public record, is challenged, and the requester succeeds in court. However, within public education agencies, compliance with the Washington Public Records Act can run against the agencies’ requirements under the …
A Look At Inequality, Workers’ Rights, And Race, William E. Spriggs
A Look At Inequality, Workers’ Rights, And Race, William E. Spriggs
Minnesota Journal of Law & Inequality
No abstract provided.
The Biopolitical Public Domain: The Legal Construction Of The Surveillance Economy, Julie E. Cohen
The Biopolitical Public Domain: The Legal Construction Of The Surveillance Economy, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain — a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use of personal information in two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a …
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth J. Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth J. Samuels
New Mexico Law Review
Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …
What Law Governs Forum Selection Clauses, Symeon C. Symeonides
What Law Governs Forum Selection Clauses, Symeon C. Symeonides
Louisiana Law Review
The article focuses on the laws regarding forum selection clauses present in choice-of-law question and systems require the chosen court to undertake a choice of-law analysis for selecting the state when law of the forum state.
Placentophagy: A Women's Right To Her Placenta, Amber Goeden
Placentophagy: A Women's Right To Her Placenta, Amber Goeden
Concordia Law Review
Placentophagy is the consumption of the placenta after childbirth. While not every woman participates in placentophagy, there has been a notable increase of the practice. Many reasons exist in why woman partake in placentophagy. The most notable reasons for the growth, is the claimed increased breast milk production and the potential for reducing the effects of post-partum depression. Even though a woman might choose to partake in placentophagy, she might be met with law, or the lack thereof, that restricts her access to her placenta. Due to the increased requests for the placenta it has highlighted that a woman’s right …
Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender
Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender
Student Theses 2015-Present
This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Cleveland State Law Review
Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by …
Telehealth: Exploring The Ethical Issues, Jeremy D. Young, Scott A. Borgetti, Philip J. Clapham
Telehealth: Exploring The Ethical Issues, Jeremy D. Young, Scott A. Borgetti, Philip J. Clapham
DePaul Journal of Health Care Law
No abstract provided.
Positive Legal Education: Flourishing Law Students And Thriving Law Schools, Debra S. Austin
Positive Legal Education: Flourishing Law Students And Thriving Law Schools, Debra S. Austin
Maryland Law Review
No abstract provided.
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
Notre Dame Journal of International & Comparative Law
The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should …
Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran
Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran
International Law Studies
Persons detained for reasons related to an armed conflict are in a vulnerable position. Deprived of their liberty, they are at the mercy of their captors. Certain groups of detainees are particularly vulnerable. Additionally, the way in which non-international armed conflicts are fought can make it difficult for some parties to the conflict to comply with the rules benefiting particularly vulnerable detainees. This Article identifies groups of particularly vulnerable detainees and analyzes the general and special protections that are afforded to them under the conventional and customary international law of armed conflict. It then considers the realities of detention in …
How The United States' Temporary Assistance For Needy Families Program Violates Its Customary International Law Obligations Founded In The Convention On The Rights Of The Child, Gregory W. Donaldson
How The United States' Temporary Assistance For Needy Families Program Violates Its Customary International Law Obligations Founded In The Convention On The Rights Of The Child, Gregory W. Donaldson
Georgia Journal of International & Comparative Law
No abstract provided.
Failure To Reform Experimental Treatment Accessibility Leads Push For Legalization Of Assisted Suicide And Euthanasia In A Surprising New Group Of Individuals—Children, Caitlin Massey
Child and Family Law Journal
No abstract provided.
State Biotechnology Oversight: The Juncture Of Technology, Law, And Public Policy, Christine C. Vito Ph.D.
State Biotechnology Oversight: The Juncture Of Technology, Law, And Public Policy, Christine C. Vito Ph.D.
Maine Law Review
In a 1980 landmark decision, the Supreme Court of the United States ruled that genetically engineered lifeforms such as bacteria were patentable. The significance of this decision to the emerging biotechnology industry—an industry predicated on intellectual property rights—was incalculable. The characteristically research-intensive, capital-intensive biotechnology industry now had the economic incentive to push the technology of genetic engineering to previously unimagined extremes. The genetic engineering and recombinant DNA applications pursued by the biotechnology industry over the past ten years have engendered a spectrum of perplexing inquiries concerning ethical and moral values; agricultural, ecological and environmental matters; global competitiveness and economic priorities; …
A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman
A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman
Notre Dame Law Review Reflection
This Essay takes a further step in a developing research agenda on the design of privacy policies. As described in more detail in Part II, I created an online survey in which respondents were asked to choose one of two websites that would better protect their privacy given images of segments of their privacy policies. Some of the questions paired notices with, on the one hand, privacy protective practices displayed in difficult-to-read designs, and, on the other hand, invasive data use practices displayed in graphical, aesthetically pleasing ways. Many survey respondents seemed to make their privacy decisions based on design …
A Leap To Hybrid Governance For European Union Healthcare On Organ Donations, Tasnim Ahmed
A Leap To Hybrid Governance For European Union Healthcare On Organ Donations, Tasnim Ahmed
Journal of Law and Health
This article evaluates two proposals that the Organs Directive along with the commission’s Action Plan 2009-2015 can be viewed as a form of hybrid governance. The Organs Directive is the first legally-binding supranational risk regulation devised in the field of organ donation and transplantation. The Directive is modelled on the earlier Directive dealing with blood, tissue, and cells. The Action Plan, which is soft law, will complement the Directive. The Directive and Action Plan requires additional administration procedures from the Member States with the EU Commission regularly monitoring the implementation of the work programme to ensure it is manageable for …
Journal Of Food Law & Policy - Spring 2018, Journal Editors
Journal Of Food Law & Policy - Spring 2018, Journal Editors
Journal of Food Law & Policy
No abstract provided.
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
You have likely seen the bumper sticker, bold white text on a green background, reading “No Farms No Food.” The sticker is a product of, and in fact a tagline for, the American Farmland Trust. On the one hand, the point is obvious: As American Farmland Trust puts it, “[e]very meal on our plates [c]ontains ingredients grown on a farm. We all need farms to survive.” On the other hand, what seems like a plain statement on its face, “no farms no food,” is not so simple. Farms produce affordable food, they produce vast quantities of food, they produce healthy …
Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré
Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré
Buffalo Law Review
Over especially the last 50 to 60 years, US laws and policies concerning the sexual relationships between men and women have more consciously articulated a need to pursue social justice according to the categories of autonomy, equality, diversity and care for the poor. These categories are admirable on their face and responsive to the times in which they emerged. They are particularly well-suited to the history of discrimination against women and African Americans in the US. They were strongly influenced, inter alia, by the development of contraceptive technology and an array of social welfare initiatives, the rise of feminism and …
Proactive Policies: Building The Farm Bill Of The Futurethrough New Collaborations And Perspectives, Jennifer Zwagerman
Proactive Policies: Building The Farm Bill Of The Futurethrough New Collaborations And Perspectives, Jennifer Zwagerman
Journal of Food Law & Policy
The Farm Bill highlights both one of the great divides in our political process, as well as one of the most beneficial partnerships in politics. Historically, partnerships between rural and urban have been key to successful passage of the Farm Bill. However, calls to divide nutrition support and agricultural support programs continue, and there are increasingly diverse viewpoints regarding agricultural programs. To build the Farm Bill of the future, one that is comprehensive and addresses the needs of not just producers, but ultimately everyone impacted by this Bill, there needs to be a broader coalition of partnerships and voices involved …
A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg
A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg
Journal of Food Law & Policy
The Farm Bill has an enormous impact on climate change. Greenhouse gas emissions from agriculture account for almost 10 percent of total U.S. emissions and up to a quarter of all emissions globally. The Farm Bill encourages the use of carbon-intensive agricultural practices and products responsible for these emissions, but nonetheless offers several opportunities to quickly expand carbon sequestration, making it a critical piece of climate legislation. This essay will examine the climate impact of the Farm Bill, focusing on the commodity, conservation, and crop insurance programs. It then proposes politically feasible changes to these programs aimed at minimizing agricultural …
Building Indian Country’S Future Through Food, Agriculture, Infrastructure, And Economic Development In The 2018 Farm Bill, Janie Simms Hipp, Colby D. Duren, Erin Parker
Building Indian Country’S Future Through Food, Agriculture, Infrastructure, And Economic Development In The 2018 Farm Bill, Janie Simms Hipp, Colby D. Duren, Erin Parker
Journal of Food Law & Policy
With the potential of approximately $1 trillion in spending over 10 years in rural America, the U.S. Department of Agriculture (USDA) programs authorized by the Farm Bill have the ability to build and support thriving economies in rural America. Nowhere is this potential greater, or needed, than in rural Tribal communities. This paper will examine why the unique circumstances of Tribal governments, individual Native American food producers, and Tribal citizens necessitate changes in several USDA programs to serve Indian Country. Further, it will review several policy changes in various titles of the next Farm Bill reauthorization that will help empower …
Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe
Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe
Journal of Food Law & Policy
The Farm Bill (the Bill) is the principal driver of U.S. food law and policy. Its substance spans the food system including commodities, conservation, trade, nutrition, credit, rural development, forestry, and energy. These substantive titles command much scholarly analysis yet there is comparatively little review of the law-making process that yields the Bill. Given increased focus on Congress’s ability to use its legislative powers effectively, this essay questions whether the Bill’s traditional treatment as omnibus legislation leads to beneficial coherence or too much compromise in food system policy. Interestingly, disparate stakeholders prioritize maintaining the Bill as omnibus legislation. Some scholars …
The Snap Sugar-Sweetened Beverage Debate: Restricting Purchases To Improve Health Outcomes Of Low-Income Americans, Nicole E. Negowetti
The Snap Sugar-Sweetened Beverage Debate: Restricting Purchases To Improve Health Outcomes Of Low-Income Americans, Nicole E. Negowetti
Journal of Food Law & Policy
The Supplemental Nutrition Assistance Program (SNAP) is a highly effective government program that reduces poverty and improves food security for millions of our country’s most vulnerable families. Amid threats of budget cuts to this critical program in the 2018 Farm Bill, advocates representing various interests have banded together in support of this vital program. However, the issue of restricting the purchase of sugar-sweetened beverages (SSB) with SNAP benefits has divided anti-hunger and public health advocates. While public health and medical officials support the idea of restrictions on junk food, arguing that SNAP should improve health and nutrition, not contribute to …
The End Of The Ramen Diet: Higher Education Students And Snap Benefits, Erika M. Dunyak
The End Of The Ramen Diet: Higher Education Students And Snap Benefits, Erika M. Dunyak
Journal of Food Law & Policy
Americans joke that college students have so little money that they subsist on 10 cent packs of ramen. Statistically, college students face much higher rates of food insecurity than the general population and the situation is particularly dire for students of color. Much has been written on this area in recent months and years and many commentators are seeking to denormalize poverty, hunger, and the “freshman 15” on campuses. This article will look to a solution for this hungry and often neglected population. In 2010, the Health, Hunger-Free Kids Act (HHFKA) reauthorized the Federal School Lunch Program. HHFKA contained several …
Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen
Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen
Michigan Law Review
Since the early 1990s, jurisdictions around the country have been using civil child abuse laws to penalize women for using illicit drugs during their pregnancies. Using civil child abuse laws in this way infringes on pregnant women’s civil rights and deters them from seeking prenatal care. Child Protective Services agencies are key players in this system. Women often become entangled with the Child Protective Services system through their health care providers. Providers will drug test pregnant women without first alerting them to the potential negative consequences stemming from a positive drug test. Doing so is a breach of these providers’ …