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Is The Missouri Sales Tax Being Eroded? Examining A Conflict Among The Executive, Legislative, And Judicial Branches In Missouri, Courtney Lock

Missouri Law Review

This Note examines the Supreme Court of Missouri’s holding in Miss Dianna’s School of Dance, Inc. v. Director of Revenue, ascertains the holding’s scope in light of recent statutory amendments, and explores whether Missouri sales tax is at a precipice going forward. Part II discusses the facts and holding of Miss Dianna’s School of Dance. Part III explores the Supreme Court of Missouri’s fluctuating interpretations of the statute. Part IV provides an indepth analysis of the Supreme Court of Missouri’s reasoning in Miss Dianna’s School of Dance and its relevance to the interpretation of the statute going forward, including an …

Crispr Gmos, Paul Enríquez

North Carolina Journal of Law & Technology

No abstract provided.

Protecting Big Data In The Big Leagues: Trade Secrets In Professional Sports, Lara Grow, Nathaniel Grow

Washington and Lee Law Review

The protection of trade secrets within the professional sports industry became a hot-button issue in the summer of 2015, after news reports emerged revealing that officials from Major League Baseball’s St. Louis Cardinals were under federal investigation for having illegally accessed proprietary information belonging to their league rival, the Houston Astros. Indeed, professional sports teams in the United States and Canada often possess various forms of proprietary information or processes—ranging from scouting reports and statistical analyses to dietary regimens and psychological assessment techniques—giving them a potential competitive advantage over their rivals. Unfortunately, as with the rest of the economy at-large, …

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a …

Public Access To Spatial Data On Private-Land Conservation, Jessica Owley

Journal Articles

Information is critical for environmental governance. The rise of digital mapping has the potential to advance private-land conservation by assisting with conservation planning, monitoring, evaluation, and accountability. However, privacy concerns from private landowners and the capacity of conservation entities can influence efforts to track spatial data. We examine public access to geospatial data on conserved private lands and the reasons data are available or unavailable. We conduct a qualitative comparative case study based on analysis of maps, documents, and interviews. We compare four conservation programs involving different conservation tools: conservation easements (the growing but incomplete National Conservation Easement Database), regulatory …

Condominium Arrangements As A Legal Mechanism For The Conservation Of The South China Sea Large Marine Ecosystem, Michelle Mei Ling Lim, Nengye Liu

Research Collection Yong Pung How School Of Law

The South China Sea Large Marine Ecosystem is one of the world's richest marine biodiversity areas. The sea area is however the site of increasing tensions between its ten coastal States, six of which have competing claims in the South China Sea. The expanding populations and economies of the coastal States have also resulted in the growing depletion of the Sea's rich marine resources. Coordinated approaches are needed to protect the unique biodiversity and natural resources of the South China Sea at the appropriate ecological scale. The continuation of sovereignty disputes are detrimental to all coastal states as well as …

The New Employment Discrimination: Intra-Lgbt Intersectional Invisibility And The Marginalization Of Minority Subclasses In Antidiscrimination Law, Alexander M. Nourafshan

Duke Journal of Gender Law & Policy

No abstract provided.

The Transnational Case In Conflict Of Laws: Two Suggestions For The New Restatement Third Of Conflict Of Laws—Judicial Jurisdiction Over Foreign Defendants And Party Autonomy In International Contracts, Linda J. Silberman, Nathan D. Yaffe

Duke Journal of Comparative & International Law

No abstract provided.

Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie

Whatever Happened To The International Convention Against Doping In Sport: The United States Ratified It, But Then What?, Genevieve F.E. Birren Esq., Dr. Robyn Lubisco

DePaul Journal of Sports Law

No abstract provided.

1938 - Report Of The Commissioner Of Indian Affairs For 1938

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1918 - Report Of The Commissioner Of Indian Affairs For 1918

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

“Safe Harbor” On The Rocks: Ttb Label Approval For Beer, Wine, And Spirits, And The Uncertain Status Of The “Safe Harbor” Defense, Michael Mercurio

Notre Dame Journal of International & Comparative Law

This Note examines the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB)’s label review process and the judicial split regarding the “safe harbor” doctrine in the context of alcoholic beverage labels. This Note observes that the judicial split is a result of the tension between two conflicting priorities stemming from the TTB’s purpose and identity: on one hand, courts apply Chevron deference to the TTB as a federal agency enforcing federal law, but on the other hand, courts aim to uphold the central purpose of the Federal Alcohol Administration (FAA) Act—protecting consumers from misinformation. Ultimately, this Note, by examining …

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Journal of Comparative Urban Law and Policy

After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a …

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

Journal of Comparative Urban Law and Policy

No abstract provided.

Selling The Footlong Short: How Consumers Inch Toward Satisfaction In Costly Food Class Action Litigation, Erica A. Burgos

Seventh Circuit Review

Food and beverage class action litigation has increased tremendously over the last five years. While many have ridiculed these lawsuits as ploys to extort money from wealthy food producers, plaintiff consumers maintain that the surge of food litigation suits evidence their growing desire for transparency. Many food-based class actions allege companies are purposefully deceiving consumers with misleading marketing campaigns. Defendants argue that a reasonable consumer should know better than to take their advertising at face value. Even still, defendants are often eager to resolve conflicts without admitting liability and, in turn, rush to settle the matter. Courts are then faced …

Atole De Maíz Azul: Building Climate-Change Resilience With Local Knowledge/Food Sovereignty In Northern New Mexico, Katherine C.R. Dixon

Sustainability and Social Justice

The impacts of climate change in Northern New Mexico will cause a variation in seasonal precipitation and increased drought conditions. Northern New Mexico is home to numerous indigenous and rural-agricultural communities who rely on these water resources for subsistence and cultural practices. They are among the most vulnerable to the impacts of climate change.

This paper investigates the impacts of climate change to Northern New Mexico. It examines the role of participatory methods and local knowledge in building community resilience. This paper is informed primarily through secondary research, and also draws upon a series of personalized interviews from Northern New …

Journal Of Food Law & Policy - Spring 2017, Journal Editors

Journal of Food Law & Policy

After Donald Trump’s victory last November, we put out a call for brief essays examining what happened, what’s likely to happen, and what policymakers and advocates can do to keep pushing forward. The response was extraordinary. We received thought provoking submissions on a number of important topics, including antitrust, trade policy, food safety, and labor, among others. Instead of running a standard issue comprised of legal articles—with essays as an accompaniment—we decided to reverse the format and devote the bulk of this issue to these essays. The result is a penetrating and timely look at the state of food law …

Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister

Journal of Food Law & Policy

In July 2016, the National Bioengineered Food Disclosure Law was passed to establish a mandatory national system for disclosing the presence of genetically-engineered material in food (GMOs). The federal law preempts state and local initiatives to create labeling systems. This essay first analyzes the benefits and drawbacks of having a national GMO law rather than a patchwork of state laws. Then it provides commentary on how the USDA can create an effective and accessible labeling system, using scannable Quick Response (QR) codes.. The essay envisions a retail food system in which all consumers can easily and usefully obtain reliable information …

Complex Kinship Networks In Fragile Families, Tonya L. Brito

Fordham Law Review

This Article examines the complex kinship networks in families that experience multiple-partner fertility. Part I begins with a broad examination of the dramatic changes to the American family that have occurred over the past half century. Part I then highlights the broad diversity of forms present in today’s families, the evolving nature of American families, and how a two-tiered family system has emerged as patterns have diverged along class-based lines. Next, Part II turns to multiple-partner fertility, assessing what we know and do not know about this social phenomenon, including its prevalence, characteristics, and trends. Part III then addresses the …

After The White House Garden: Food Justice In The Age Of Trump, Garrett M. Broad

Journal of Food Law & Policy

It’s debatable whether President and First Lady Obama’s White House garden was a positive or negative symbol to the community food justice movement—but it did send a signal. This essay speculates what, if anything, the Trump administration will signal to these community food justice activists. It also recommends a potential strategy for grassroots food justice advocates fighting for already limited resources.

Food Justice In The Trump Age: Priorities For Urban Food Advocates, Nevin Cohen, Janet Poppendieck, Nicholas Freudenberg

Journal of Food Law & Policy

This essay outlines priorities for food advocates following the election of President Donald Trump. Specifically, this essay advocates for: 1. preservation of snap, 2. prevention of industry deregulation, and 3. sustainment of regional food systems. In its analysis, this essay examines each of the potential conservative-back counter proposals for these priorities.

Introduction: Moore V. City Of East Cleveland: How One Grandmother Helped A Nation Redefine Family, Anne Williams-Isom

Fordham Law Review

When reviewing the Moore v. City of East Cleveland decision, it is impossible not to see one of the grandmothers that Harlem Children’s Zone (HCZ) routinely encounters in Inez Moore. While educating children is the primary focus of HCZ, working with the adults who bring those children through the doors is important to HCZ’s success. Miss Inez, as she would have been referred to by HCZ, illustrates the important role played by extended families in communities of color.

The Prisonization Of America's Public Schools, Maryam Ahranjani

Hofstra Law Review

Over the past generation, episodes of mass school violence in American public schools have led to the “prisonization” of schools. The problems associated with prisonization practices have been identified and well-documented in the legal literature over the past few years, and they include the school-to-prison pipeline, as well as the over-policing of vulnerable populations like students with disabilities and African-American and Latino children. This piece seeks to contribute to existing literature in two ways. While national attention has turned to the lack of rigorous research on the effectiveness of prisonization practices, and studies are underway to identify whether prisonization practices …

Foreign Corrupt Practices Act Statistics, Theories, Policies, And Beyond, Mike Koehler

Cleveland State Law Review

The Foreign Corrupt Practices Act (FCPA) is not a new law; it was enacted in 1977. Nevertheless, 2015 was a commemorative year, as it marked the fifth anniversary of the Department of Justice declaring a “new era” of FCPA enforcement, the fifth anniversary of Congressional FCPA reform hearings, and the third anniversary of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) issuing FCPA guidance. In addition to these mileposts, 2015 was also a notable year in several other respects as highlighted in this article.

This article, part of an annual series, paints a picture of FCPA and …

Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller

Journal of Food Law & Policy

To create policy at the interface of the centrally important and overlapping American ideals of agriculture and the environment, there are two options. Passive governance fosters markets in which participants make individual choices that aggregate into inadvertent collective action. In contrast, assertive governance allows the public, mediated through elected officials, to enact intentional, goal-oriented policy. This essay contends that the latter option, assertive governance, is the only appropriate means of creating harmony between agriculture and the environment it depends upon.

A Call To Action: The New Academy Of Food Law & Policy, Emily M. Broad Leib, Susan A. Schneider

Journal of Food Law & Policy

The food system is affected by unique and complex laws. These laws call for a new generation of legal practitioners and scholars. This essay announces the creation of the Academy of Food Law and Policy. The Academy creates a network of law professors researching, teaching, and mentoring in food law and policy.

Organic Agriculture Under The Trump Administration, Marne Coit

Journal of Food Law & Policy

This essay will examine the implications of the policies of the upcoming Trump administration on the integrity of the National Organic Program (NOP), the regulations promulgated under the Organic Foods Production Act (OFPA). Advocates fears of weakening organic standards are likely to become reality under the Trump administration. Support for organic may be dependent on high returns for large agricultural producers. However, there is a negative correlation between larger agri-businesses entering the organic market and the erosion of the organic standards. The Trump administration will likely continue down the path of supporting larger agribusinesses—to the detriment of not only smaller, …

Fomenting Democracy: The Case For Federal – Local Cooperation, Marilyn Sinkewicz, Jess Gilbert, Calvin Head

Journal of Food Law & Policy

This essay profiles a program in a rural, black Mississippi community called Youth-in-Agriculture. This case study of Mileston, Mississippi depicts the collaborative efforts of the federal government and community organizations through nearly a century. This essay also describes the ways in which the Trump administration could most support agricultural communities like Mileston, MS.

Farming And Eating, Margot J. Pollans

Journal of Food Law & Policy

There has long been tension between rural and urban communities, often referred to as the urban-rural divide. Donald Trump’s presidential campaign has exacerbated this divide. However, urban and rural groups rely on each other; farmers need eaters in densely populated areas for markets and eaters need farmers for food. In recognition of this codependency, this essay proposes a coalition of farmers, food consumers, and environmentalists to lead agricultural policy and stop the divide between farming and eating.