Digital Commons Network^™

The Prisonization Of America's Public Schools, Maryam Ahranjani

Scholarly Works

No abstract provided.

A Journey Through The Health Care Safety Net, Brietta R. Clark

Saint Louis University Law Journal

No abstract provided.

Consequences Of The New Reimbursement Act For Patients And The Public Payer, Józef Haczyński, Zofia Skrzypczak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Act on the Reimbursement of Medicines, Foodstuffs Intended for Particular Nutritional Uses and Medical Devices came into force on 1 January 2012. Its purpose was to transform the Polish medicine reimbursement so that the available public funds corresponded as closely as possible to the current social needs in the supply of refunded products. The consequence of the new reimbursement act – experienced painfully by patients - was a decrease in the share of reimbursement (and thus increase in patients’ contribution) in the value of the purchased medicine on prescription (Rx).

Provider Liability And Medical Identity Theft: Can I Get Your (Insurance) Number?, Thomas Clifford

Northwestern Journal of Law & Social Policy

No abstract provided.

Protection Of Alaska Native Customary And Traditional Hunting And Fishing Rights Through Title Viii Of Anilca, John Sky Starkey

Alaska Law Review

This paper analyzes the degree to which the administration of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) of 1980 protects customary and traditional hunting and fishing by Alaska Natives and their tribal communities. A recent Memorandum of Understanding (MOU) entered into by the United States Fish and Wildlife Service (USFWS) and the Kuskokwim Inter-Tribal Fish Commission (KRITFC) for co-management of subsistence fisheries will be used as a means to analyze the issue. This paper concludes with suggestions for improving the administration of Title VIII to better secure Alaska Native and Tribal rights for self-determination.

Competition Law & Policy In Developing Countries: Explaining Variations In Outcomes; Exploring Possibilities And Limits, Umut Aydin, Tim Büthe

Law and Contemporary Problems

No abstract provided.

Reporting Agency Performance: Behind The Sec's Enforcement Statistics, Urska Velikonja

Cornell Law Review

No abstract provided.

Persistent Threats To Commercial Speech, Jonathan H. Adler

Journal of Law and Policy

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This article briefly examines two: the use of commercial speech restrictions as a form of rent-seeking, and compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater protection …

Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp

University of Miami Inter-American Law Review

Congress enacted the Food Safety Modernization Act (“FSMA”), to regulate the fresh produce industry in the United States and increase consumer safety when handling and consuming raw produce. But FSMA risks imposing a zero tolerance policy on raw produce, even where a naturally occurring low-level pathogen, such as listeria, is found in negligible amounts. A zero tolerance policy for all naturally-occurring pathogens does not increase consumer safety, and only serves to increase the cost of raw produce for consumers. This article begins with a summary of the modern history of FSMA, including a brief overview of how the law has …

The Unfortunate Role Of Farm Subsidies As A Stimulus For Inequality And Obesity, Neil M. Browne, Facundo Bouzat, Justin Rex, Joseph Seipel

Economics Faculty Publications

Governmental expenditures are directed at a particular objective, but their effects have consequences far beyond the named target of the expenditures. Specific farm subsidies, for example, encourage consumption of particular foods by reducing the costs of producing these foods. To what extent do these subsidies affect the American obesity epidemic? How do the subsidies create disparate negative effects on those in poverty? Exploring these questions stimulates us to take greater care when designing legislation to take a broader look at the stakeholders affected by any particular governmental expenditure.

Improving Community Health Through Hospital Community Benefit Spending: Charting A Path To Reform, Sara J. Rosenbaum, Maureen Byrnes, Sara Rothenberg, Rachel Gunsalus

Health Policy and Management Faculty Publications

No abstract provided.

2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter

Veterinary Science Reports

Kentucky’s county animal shelter conditions have not been studied for over 20 years. Major goals of this study were to assess current conditions in Kentucky’s county shelters and determine the degree of compliance with Kentucky shelter laws. Additional information was gathered to determine the major problems and needs identified by shelter personnel and researchers. Data was used to determine if additional state funds or refinements and additions to current laws are warranted to ensure humane care of animals in Kentucky’s county shelters. Researchers consisted of a group of 6 veterinary students who traveled to all Kentucky county animal shelters. Ninety …

Is Applied Behavioral Analysis Education, Medicine, Or Both?: A Study Of The Funding Challenges That Accompany An Autism Diagnosis, Yaakov Pollak

Seton Hall Law Review

No abstract provided.

Manipulating, Fast And Slow: The Law Of Non-Verbal Market Manipulations, Shmuel I. Becher, Yuval Feldman

Cardozo Law Review

Consumers make purchasing decisions in various markets every day. Contrary to common belief, such decision-making is often not the result of deliberate analysis of information or of rational thinking. Rather, it is frequently based on feelings, sensations and intuition. Purchasing decisions are not made in a vacuum and are regularly influenced by sellers' manipulation and selling tactics.

It is well documented that people receive a substantial part of the information they possess via non-verbal communication. One of the most alarming aspects of this reality is that consumers are mostly unaware of non-verbal cues and the ways they can influence them. …

The Chief Justice And Statutory Construction: Holding The Government's Feet To The Fire, Pratik A. Shah

Cardozo Law Review

The article examines Chief Justice John Roberts' approach to statutory construction, highlighting his tendency to limit government overreach by narrowly interpreting statutes, particularly in federal criminal law and agency deference cases. His decisions reflect a commitment to curbing prosecutorial and agency discretion, ensuring the government operates within legal boundaries.

Minding Ps And Qs: The Political And Policy Questions Framing Health Care Spending, William M. Sage

Faculty Scholarship

Tracing the evolution of political conversations about health care spending and their relationship to the formation of policy is a valuable exercise. Health care spending is about science and ethics, markets and government, freedom and community. By the late 1980s the unique upward trajectory of post-Medicare U.S. health care spending had been established, recessions and tax cuts were eroding federal and state budgets, and efforts to harness market forces to serve policy goals were accelerating. From the initial writings on “managed competition,” through the failed Clinton health reform effort in the early 1990s, to the passage of the Affordable Care …

Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card

Journal of Food Law & Policy

Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation …

Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?, Hilary Nat

Journal of Food Law & Policy

In the 1900s, the United States began to sell genetically engineered foods. One of the first genetically engineered foods sold in the United States and approved by the Food and Drug Administration (FDA) was the Flavr Savr tomato. The tomato's genetic structure was modified to prevent softening which allowed it to ripen after being picked. In the United States, statistics demonstrate that 92% of com, 94% of soybeans, and 94% of cotton sold is genetically engineered. In addition, it is estimated that 75% of the processed foods sold in supermarkets around the United States contain ingredients that are products of …

Energy Drink Regulations: Why The Time For More Fda Authority Is Not Ripe And How States Can Protect Children Without Unjustly Infringing On Adult Autonomy, Larry D. Treat

Journal of Food Law & Policy

In December of 2011, Anais Fournier ("Anais"), a fourteen-year-old from Maryland, was at the mall with her friends when she drank a twenty-four ounce Monster energy drink. Within twenty-four hours, Anais consumed a second twenty-four ounce energy drink. Together, the two Monster energy drinks Anais consumed contained around 480 milligrams ("mg") of caffeine. A few hours after the second drink, Anais went into cardiac arrest and later died from cardiac arrhythmia. An autopsy found that caffeine toxicity caused Anais's arrhythmia and impeded her heart's ability to pump blood. As it turns out, Anais suffered from a preexisting heart condition called …

2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin

Journal of Food Law & Policy

This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …

The Impact Of Rural Poverty On Women’S Health Outcomes In Ethiopia: A Review Of A Walk To Beautiful, Christine A. Wernet Ph.D

Societies Without Borders

No abstract provided.

Gables At Sterling Village Homeowners Association, Inc., Plaintiff/Apellant V. Castlewood-Sterling Village I. Llc., A Utah Limited Liability Company; Jeffrey A. Duke, An Individual; Darren Mansell, An Individual; Dan Lybbert, An Individual; Castlewood Development, Inc.; Castlewood Builders, Llc, A Utah Limited Liability Company; Richard L. Harris, An Individual; And John Does 1-30, Defendants/Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …

Beyond Polemics: Poverty, Taxes, And Noncompliance, Michelle Lyon Drumbl

Scholarly Articles

The earned income tax credit (EITC) is perhaps the most significant refundable credit in the U.S. tax system. Designed as an anti-poverty program, it is a social benefit administered by the Internal Revenue Service (IRS). Studies show it has a positive impact upon the children whose families receive it. Despite its many positives, however, the EITC is a program that for years has been plagued by taxpayer noncompliance. Though it is believed that the majority of EITC noncompliance may be unintentional, public reports of misconduct and fraud hurt the program’s image and fuel political rhetoric.

This article unpacks the rhetoric. …

Policy Brief: Expanding Food Benefits For Immigrants: Charting A Policy Agenda For New York City, Anabel Perez-Jimenez, Nicholas Freudenberg

Publications and Research

This policy brief explores the eligibility of various categories of New York City’s immigrant populations, from those who have become citizens to permanent residents (Green Card holders) to those who lack legal immigration status, for SNAP, WIC and School Food, the nation’s main food benefit programs. We also examine factors that facilitate or block immigrants’ enrollment in these programs. Our larger goals are to encourage more systematic study of immigrant access to food benefits and identify opportunities for improving access. We hope to widen a public conversation among immigrants and their organizations, food security groups, food justice advocates and policy …

Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.

A Glimpse Inside The Brain’S Black Box: Understanding The Role Of Neuroscience In Criminal Sentencing, Bernice B. Donald, Erica Bakies

Fordham Law Review

This Article begins by discussing what neuroscience and the smaller associated field of study, neuropsychology, are and what they can tell us about an individual. It then recounts a brief history of sentencing in the United States. Additionally, it expounds on how the legal system currently utilizes neuroscience in the courts, noting specifically the ways in which neuroscience can be presented during the sentencing phase of trial. Finally, it discusses the use of neuroscience as a mitigating factor during sentencing and how judges can use neuroscience to combat their implicit biases.

Can Neuroscience Help Predict Future Antisocial Behavior?, Lyn M. Gaudet, Jason P. Kerkmans, Nathaniel E. Anderson, Kent A. Kiehl

Fordham Law Review

Part I of this Article reviews the tools currently available to predict antisocial behavior. Part II discusses legal precedent regarding the use of, and challenges to, various prediction methods. Part III introduces recent neuroscience work in this area and reviews two studies that have successfully used neuroimaging techniques to predict recidivism. Part IV discusses some criticisms that are commonly levied against the various prediction methods and highlights the disparity between the attitudes of the scientific and legal communities toward risk assessment generally and neuroscience specifically. Lastly, Part V explains why neuroscience methods will likely continue to help inform and, ideally, …

Lonely Too Long: Redefining And Reforming Juvenile Solitary Confinement, Jessica Lee

Fordham Law Review

Solitary confinement is a frequently used penal tool in all fifty states against all types of offenders. However, since its development in the 1800s, solitary confinement has been found to have damaging psychological effects. Juvenile inmates in particular suffer the greatest psychological damage from solitary confinement because their brains are still in a developmental state. This has led many to propose various reforms that would either end or limit the use of solitary confinement for those under the age of eighteen. However, new neurological studies on brain development show that inmates between the ages of eighteen and twenty-five also suffer …

The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein

Articles

No abstract provided.