Digital Commons Network^™

Digging Up The Dirt: China's Exploitation Of Transgenic Seed Approvals, Lucas A. Westerman

University of Colorado Law Review

In 2013, China rejected shipments of U.S. corn imports due to the presence of an unapproved transgenic trait, creating an international trade disruption that sent ripples throughout the U.S. agriculture industry and grain markets. Syngenta, the seed company that began selling the trait to U.S. farmers prior to receiving China's import approval, largely shouldered the blame. U.S. farmers held Syngenta singularly liable and initiated a class action in an attempt to force Syngenta to pay for the drop in grain prices due to the disruption. The highly publicized domestic legal dispute left China's opportunistic actions largely unnoticed. The time has …

The Push Green Development Zone: Building Housing Equity From The Ground Up, Sam Magavern, Aaron Bartley

Buffalo Law Review

No abstract provided.

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

Scholarly Works

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 wide …

(Anti)Poverty Measures Exposed, Francine J. Lipman

Scholarly Works

Few economic indicators have more salience and pervasive financial impact on everyday lives in the United States than poverty measures. Nevertheless, policymakers, researchers, advocates, and legislators generally do not understand the details of poverty measure mechanics. These detailed mechanics shape and reshape poverty measures and the too often uninformed responses and remedies. This Article will build a bridge from personal portraits of families living in poverty to the resource allocations that failed them by exposing the specific detailed mechanics underlying the Census Bureau’s official (OPM) and supplemental poverty measures (SPM). Too often, when we confront the problem of poverty, the …

Trademark Goodwill As A Public Good: Brands And Innovations In Corporate Social Responsibility, Margaret Chon

Faculty Articles

Powerful brands dominate our transnational landscapes. Brand value-referred to in law as trademark goodwill-is co-created by trademark owners and the consumers of their products and services. Commonly defined as all possible sources of consumer patronage, trademark goodwill is critically important not only for business ability to attract and retain customers, but also for its regulatory capacity to signal process characteristics such as environmental impact or labor standards. This Article focuses on the role of trademark goodwill in signaling sustainability standards as key informational components of corporate social responsibility. In this view of trademark goodwill, brands potentially provide highly public platforms …

Child Rights Trending: Accommodating Children With Disabilities In The Global Human Rights Framework And Us Foreign Policy, Janet E. Lord

Articles

This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children …

From The Technical To The Personal: Teaching And Learning Health Insurance Regulation And Reform, Allison K. Hoffman, Whitney A. Brown, Lindsay Cutler

Saint Louis University Law Journal

No abstract provided.

"Three Hots And A Cot And A Lot Of Talk": Discussing Federal Rights-Based Avenues For Prisoner Access To Vegan Meals, David B. Rosengard

Animal Law Review

Vegan prisoners face obstacles in accessing meals congruent with their beliefs, but it may be possible to assert the right to vegan meals while incarcerated via a number of constitutional and statutory provisions. Focusing specifically on the federal le­gal landscape, this Article acts as a road map to those options. First, this Article discusses the scope of relevant religious free exercise jurisprudence-and its utility for prisoners who are vegan for religious reasons. Second, this Article explores the extent to which an equal protection approach may provide vegan prisoners with a viable route to securing appropriate meals. Third, this Article discusses …

A Dog Is Not A Stereo: The Role Of Animal Sentience In Determining The Scope Of Owner Privacy Interests Under Oregon Law, Lora Dunn, David B. Rosengard

Animal Law Review

In 2011, a relatively routine animal neglect investigation spawned a line of litigation that would eventually reach the Or­egon Supreme Court. Along the way, this case-State v. New­comb-raised issues central to both constitutional and animal law, involving inquiry into how animals are situated under the law, the \.Veight of a defendant's privacy versus an animal's in­terests, and what relevance attaches to animals existing as feel­ing, sentient creatures. In analyzing Newcomb, this Comment discusses the case facts in Part I, before laying out the argu­ments heard-and decisions rendered-by the trial and appel­late courts in Part II. Part III reads the Oregon …

Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc

Animal Law Review

No abstract provided.

Food For Thought: Flexible Farm To School Procurement Policies Can Increase Access To Fresh, Healthy School Meals, Lauren Tonti

Health Matrix: The Journal of Law-Medicine

The article focuses on the enactment of farm to school procurement policies for providing students health and its impact in increasing access to fresh, healthy school meals in the U.S.

Picking Up The Pieces: Congress's Role In Combatting The Global Issue Of Marine Debris, Sheldon Whitehouse, Lisa Murkowski

Roger Williams University Law Review

No abstract provided.

Child Support Collections To Offset Out Of Home Placement Costs: A Study Of Cost Effectiveness, Trish Skophammer

School of Business Student Theses and Dissertations

Families experiencing out-of-home placement (OHP) are in crisis. The fact that a child has been removed from the home means the family has become involved with the child welfare or juvenile justice system. Families that experience OHP are disproportionately poor, and the reasons for OHP often stem from poverty. Because OHP is expensive, and society values parental responsibility, federal and state laws require that parents be referred to the child support system to help offset the cost of OHP through child support collections. This study explores practices around OHP cases in the child support system and adds to the small …

Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris

SMU Science and Technology Law Review

No abstract provided.

The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling

Cybaris®

No abstract provided.

Charting The Contours Of A Copyright Regime Optimized For Engineered Genetic Code, Christopher M. Holman

Oklahoma Law Review

No abstract provided.

What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page

Journal Publications

This paper addresses childhood obesity and its correlating effects on an obese child's academic development. The terms and studies outlined in this paper specifically address the issue of obesity in children. It is important to state this distinction because obesity among children is defined and measured differently than it is among adults. Before discussing the differences in the academic development of non-obese children and obese children, I will begin by defining the following terms: "Body Mass Index (BMI)," "BMI-for-age," "Overweight," "Percentile Rates," and "Childhood Obesity."

Charting The Contours Of Copyright Regime Optimized For Engineered Genetic Code, Christopher M. Holman

Faculty Works

There is a growing disconnect between the traditional patent-centric approach to protecting biotechnological innovation and the emerging intellectual property imperatives of “synthetic biology,” a promising new manifestation of biotechnology that enables the design and construction of artificial biological pathways, organisms or devices, as well as the redesign of existing natural biological systems. As explained in previous articles, one way to deal with this disconnect would be to expand the scope of copyrightable subject matter to encompass engineered genetic sequences, much in the way that copyright was expanded in the 1970s and 1980s to include computer programs. The present article expands …

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

Public Law and Legal Theory Working Papers

One of the most perplexing problems in private law is when and how to compensate victims for emotional harm. This Essay proposes a novel way to accomplish this remedial goal—a restoration measure of damages. It solves the two fundamental problems of compensation for emotional harm—measurement and verification. Instead of measuring the emotional harm and awarding the aggrieved party money damages, this Essay proposes that defendants pay damages directly to restore the underlying interest, the impairment of which led to the emotional harm. And to solve the problem of verification—compensating only those who truly suffered the emotional harm—this Essay develops a …

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

Faculty Articles

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 wide …

Perceptions Of Homeless Shelter Staff Workers On Chronic Homeless Individuals, Jimmy L. Griffith

Walden Dissertations and Doctoral Studies

While researchers have identified the Housing First model of putting homeless persons into permanent housing as the best means of improving the quality of life for chronically homeless individuals, few studies have examined the perceptions of shelter staff workers on the barriers the homeless face in obtaining and maintaining long-term housing. This case study of 2 homeless shelters in New Jersey examined the relationship that fair and just democratic processes play in supporting or undermining Housing First. Data came from New Jersey's annual Point in Time counts of the number of homeless individuals and families and the causes and service …

The Trade System And Climate Action: Ways Forward Under The Paris Agreement, Susanne Droege, Harro Van Asselt, Kasturi Das, Michael Mehling

South Carolina Journal of International Law and Business

No abstract provided.

Sb 1014: Parental Leave For Parenting Pupils, Tiffany Sala

University of the Pacific Law Review

No abstract provided.

The Limits Of Accessibility Under The Affordable Care Act, Nimrah H. Imam

Scripps Senior Theses

The Patient Protection and Affordable Care Act (ACA) aimed to increase accessibility to medical resources for those previously uninsured. Certainly, the ACA has expanded insurance to millions of Americans, however, the evidence and discourse surrounding health accessibility calls into question why, despite the growth of insured Americans, the increase in health insurance coverage under the ACA has not lead to greater accessibility for low income minorities. I propose that disparities in preventive care, the emergency room, and primary care provider services stand as barriers for low income minorities. Insurance coverage does not necessarily equate to greater accessibility if individuals do …

Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler

Cardozo Journal of Conflict Resolution

This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.

Personalized Medicine, Mayo, And The Uncertain Future Of Integrated Health Care, Peter S. Selness

Minnesota Journal of Law, Science & Technology

No abstract provided.

Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

No abstract provided.

Constraining Monitors, Veronica Root

Journal Articles

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether.

The lack of regulation governing monitors is well documented; yet, the academic literature on monitorships to date has largely taken the state of …

Countering The Majoritarian Difficulty, Amy Coney Barrett

Journal Articles

In Our Republican Constitution, Randy Barnett argues that the United States Constitution rests on a foundation of individual rather than collective popular sovereignty. Grounding the legitimacy of the government in the authority given it by each individual rather than by the People as a whole echoes the thesis, advanced in Barnett’s prior work, that the government must justify incursions upon individual liberty. If the People as a body are sovereign and the Constitution is designed to facilitate democratic self-governance, legislation is presumptively legitimate because it represents the sovereign will of the democratic majority. If the individual is sovereign, by contrast, …

Medicine Behind Bars: Regulating And Litigating Prison Healthcare Under State Law Forty Years After Estelle V. Gamble, Holger Sonntag

Case Western Reserve Law Review

No abstract provided.