Digital Commons Network^™

The Implications Of Marijuana Legalization On The Prevalence And Severity Of Schizophrenia, Samantha M. Caspar, Artem M. Joukov

Health Matrix: The Journal of Law-Medicine

The article discusses how regulation is vital to protect the small proportion of the population that will develop schizophrenia from marijuana use. Topics discussed include marijuana's effects on a user's psyche; triggers and symptoms of schizophrenia; and need to legalize marijuana for people who are at least twenty-five years old or who have been cleared by a psychologist.

Physician-Assisted Death With Dignity: Expanding Palliative Care In Rhode Island, Camille Caron Capraro

Roger Williams University Law Review

No abstract provided.

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Law Faculty Scholarship

No abstract provided.

Feeding The Eco-Consumer, Alexia Brunet Marks

Publications

There is a lot of talk about making our food system more “sustainable,” and eco-consumers — those who consider environmental sustainability as an important purchasing priority — are making themselves heard. This growing consumer segment is rapidly gaining national attention for moving more sustainable products to the market, and for its willingness to pay more for these options. However, while economists normally predict that higher prices lead profit-minded suppliers to enter a market to meet a new and growing demand, this transition is not occurring at the pace one would expect.

This Article argues that land tenure status — whether …

Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang

Publications

Many important decisions can be difficult; require focused, cognitive attention; produce delayed, noisy feedback; benefit from careful and clear thinking; and quite often trigger anxiety, stress, and other strong, negative emotions. Much empirical, experimental, and field research finds that we often make decisions leading to outcomes we judge as suboptimal. These studies have contributed to the popularity of the idea of nudging people to achieve better outcomes by changing how choices and information are framed and presented (also known as choice architecture and information architecture). Although choice architecture and information architecture can nudge people into better outcomes, choice architecture and …

2018-2019 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

The First Queer Right, Scott Skinner-Thompson

Publications

Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”

Decades before the Supreme Court would …

Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz

Student Works

No abstract provided.

Criminalizing Poverty In North Carolina Fines And Fees, Gene Nichol, Heather Hunt

North Carolina Central Law Review

No abstract provided.

Personalizing Precommitment, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

This Essay examines the potential for law to facilitate tailored precommitments to help people address self-control problems. This flavor of personalized law is unique in that it is voluntarily chosen and self-administered. There are practical and normative limits on the degree to which people can bind themselves in ways that they cannot later escape, but law can offer mechanisms that would help people design and implement flexible precommitments. Research suggests two potential lines for innovation. First, partitioning access to resources may constrain consumption in contexts from dieting to saving, even when the partitions can be unilaterally broken. Second, the chunkiness …

Fashioning Worker Protections To Combat The Thin Ideal's Cost On Fashion Models And Public Health, Erin E. Meyers

Vanderbilt Journal of Entertainment & Technology Law

Studies linking thin-obsessed media consumption to poor health outcomes for women have permeated the medical literature for years. The pressures female fashion models face to sacrifice their health for their jobs are perhaps even more disturbing. These harrowing issues are symptoms of the "thin ideal," the social norm glorifying a female body type so thin it is unattainable for most women. Despite the clear harm imposed by the thin ideal, the United States has done little to combat its effect on the working conditions of fashion models and on public health more generally. This Note suggests that the US fashion …

Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig

Texas A&M Law Review

Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become too expensive …

Unilateral Steps To End High Seas Fishing, Katrina M. Wyman

Texas A&M Law Review

In discussions about the overexploitation of the vast oceans that lie beyond national jurisdiction, one bold proposal is to close fishing entirely on the high seas. Existing research suggests that converting the high seas into a giant reserve for fish might increase overall global fish catches by boosting fish catches within the adjoining areas of the oceans under national control. This conversion also might help to protect marine biological diversity, which is particularly important in an era of climate change. This Essay identifies the potential that the United States—a significant importer of high seas fish—might unilaterally take steps to end …

A Label Law That Requires No Label, Amy Mclaughlin

University of Dayton Law Review

No abstract provided.

A Semantic Framework For The Analysis Of Privacy Policies, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Faculty Scholarship

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …

Biting The Hands That Feed “The Alligators”: A Case Study In Morbid Obesity Extremes, End-Of-Life Care, And Prohibitions On Harming And Accelerating The End Of Life, Michael J. Malinowski

Journal Articles

Obesity, recognized as a disease in the U.S. and at times as a terminal illness due to associated medical complications, is an American epidemic according to the Centers for Disease Control and Prevention (“CDC”), American Heart Association (“AHA”), and other authorities. More than one third of Americans (39.8% of adults and 18.5% of children) are medically obese. This article focuses on cases of “extreme morbid obesity” (“EMO”)—situations in which death is imminent without aggressive medical interventions, and bariatric surgery is the only treatment option with a realistic possibility of success. Bariatric surgeries themselves are very high risk for EMO patients. …

In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from (or is a facet of) a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail …

Creating A More Permissive Patentability Standard Under Language From The Tpp, Ryan Thorne

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Regulation By Database, Nathan Cortez

Faculty Journal Articles and Book Chapters

The federal government currently publishes 195,245 searchable databases online, a number of which include information about private parties that is negative or unflattering in some way. Federal agencies increasingly publish adverse data not just to inform the public or promote transparency, but to pursue regulatory ends ⎯ to change the underlying behavior being reported. Such "regulation by database" has become a preferred method of regulation in recent years, despite scant attention from policymakers, courts, or scholars on its appropriate uses and safeguards.

This Article, then, evaluates the aspirations and burdens of regulation by database. Based on case studies of six …

Framing Contemporary U.S. Wild Horse And Burro Management Processes In A Dynamic Ecological, Sociological, And Political Environment, J. Derek Scasta, Jacob D. Hennig, Jeffrey L. Beck

Human–Wildlife Interactions

The Wild Free-Roaming Horses and Burros Act (WFRHBA) of 1971 established all “unbranded or unclaimed” equids on U.S. public lands as “living symbols of the historic and pioneer spirit of the West.” Today, >72,000 feral horses (Equus ferus caballus) and burros (E . asinus ; WHB) live on western U.S. public rangelands. The number of WHBs exceeds the Bureau of Land Management’s maximum Appropriate Management Level (AML) of 26,715 by a factor of approximately 2.7 and has nearly doubled from 2007–2015. The AML was set to balance WHB numbers with rangeland health and support other uses such as wildlife habitat …

Immigration As A Social Determinant Of Health: Proceedings Of A Workshop, Tiffiany O. Howard, National Academies Of Sciences, Engineering, And Medicine, Numerous Authors, See Full List Below

Political Science Faculty Research

Since 1965 the foreign-born population of the United States has swelled from 9.6 million or 5 percent of the population to 45 million or 14 percent in 2015. Today, about one-quarter of the U.S. population consists of immigrants or the children of immigrants. Given the sizable representation of immigrants in the U.S. population, their health is a major influence on the health of the population as a whole. On average, immigrants are healthier than native-born Americans. Yet, immigrants also are subject to the systematic marginalization and discrimination that often lead to the creation of health disparities. To explore the link …

Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler

Faculty Publications

Recently, a number of states have sought to withdraw or restrain local power. In this Article, which is part of the “Re-Thinking State Relevance” symposium hosted by the Ohio State Law Journal, I write about a state taking the opposite approach, and attempting to affirmatively endow its local governments with additional powers. The state is Maine, and the context is control over local food production and sales. This Article begins by addressing the emergence of the sustainable local foods movement broadly, and reasons for the growth of this movement. It then focuses more pointedly on the food sovereignty movement, considering …

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …

Agency Adherence To Legislative History, Laura E. Dolbow

Publications

Every year, Congress gives hundreds of specific directions to agencies through legislative history. Amidst debates about how agencies use legislative history as an interpretive tool to implement directives contained in statutory text, there is little analysis on how agencies respond to directives contained in the legislative history itself. How agencies respond to directives in legislative history, such as committee reports, provides important information about interactions between agencies and Congress. This Article explores how congressional committees leverage legislative history to direct agency action by studying instructions to the Food and Drug Administration (FDA) in appropriations committee reports. Based on this study, …

The Government's Manufacture Of Doubt, Helen Norton

Publications

“The manufacture of doubt” refers to a speaker’s strategic efforts to undermine factual assertions that threaten its self-interest. This strategy was perhaps most famously employed by the tobacco industry in its longstanding campaign to contest mounting medical evidence linking cigarettes to a wide range of health risks. At its best, the government’s speech can counter such efforts and protect the public interest, as exemplified by the Surgeon General’s groundbreaking 1964 report on the dangers of tobacco, a report that challenged the industry’s preferred narrative. But the government’s speech is not always so heroic, and governments themselves sometimes seek to manufacture …

Beyond Brooke Group: Bringing Reality To The Law Of Predatory Pricing, C. Scott Hemphill, Philip J. Weiser

Publications

This Feature offers a roadmap for bringing and deciding predatory pricing cases under the Supreme Court’s restrictive Brooke Group decision. Brooke Group requires a plaintiff to show that the defendant set a price below cost and had a sufficient likelihood of recouping its investment in predation. This framework, which was adopted without any contested presentation of its merits, has endured despite its flaws. Beyond this framework, the Court opined in dicta that predation is implausible.

We identify points of flexibility within the Court’s framework that permit an empirically grounded evaluation of the predation claim. Under the price-cost test, a plaintiff …

Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy

Virginia Coastal Policy Center

In collaboration with Virginia Coastal Policy Center- William & Mary Law School, this report addresses the issue of vacant housing in the Middle Peninsula region with possible solutions. This report contains the results of a survey conducted by the Middle Peninsula Planning District Commission (MPPDC) and demographic data of the region to more clearly express the issues that the Middle Peninsula faces in relation to vacant and at-risk housing.

A Comprehensive Approach To Law School Access Admissions, Jeffrey Minneti

Faculty Articles

This article provides a theoretical framework fo building an effective law school access admission program and it gives that framework flesh, color, and voice through a description of the access admission program at Seattle University School of Law. The framework describes the neurobiology of learning, links that neurobiology to the self-regulated learning cycle, summarizes the learning challenges that students from underrepresented populations frequently face and provides strategies law school faculty and administers can implement to address those challenges. The article then demonstrates how the framework operates in a law school setting through a description of the Academic Resource Center's work …

The Constitutional Case For Chevron Deference, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

Prominent figures in the legal world have recently attacked the doctrine of Chevron deference, suggesting that Chevron is unconstitutional because it interferes with a court’s duty to exercise “independent judgment” when interpreting statutes. This Article shows that Chevron’s critics are mistaken. Chevron deference, properly understood, does not prevent courts from interpreting statutes. An interpretation that concludes that a statute delegates power to an executive agency is still an interpretation. The power implicitly delegated to an agency by an ambiguous statute is not the power to interpret the statute, but the power to make a policy choice within the limits set …