Digital Commons Network^™

The European Union Solution: Fighting The American Epidemic Of Consumer Confusion In The Organic Food Industry, Elyssa Gullo

Journal of International Business and Law

No abstract provided.

Implementation Of The Public Distribution System: An Empirical Analysis Of The Right To Food In An Urban Slum, Dipika Jain, Brian Tronic

Journal of Food Law & Policy

Malnutrition is one of the biggest problems facing India today. Thus, the functioning of the Public Distribution System (PDS) - which provides subsidized food to hundreds of millions of people is critically important. However, while numerous studies have evaluated the performance of the PDS in rural areas, there is a notable lack of research in urban slums, a rapidly growing population. Through interviews with PDS beneficiaries and other stakeholders, the present study examines the PDS in one slum in Delhi and finds numerous problems, including low quality grain, corruption, and the lack of an effective complaint mechanism. Although several states …

"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham

Journal of Food Law & Policy

Corporate farms, often known as concentrated animal feeding operations ("CAFO'), provide inexpensive animal products but do so by externalizing the cost of their operation in the form of environmental harms and risks to human health. This article explores one possible approach to mitigating CAFO-caused harms. It argues that CAFO regulation under any one of three Clean Air Act ("CAA ") programs will result in net benefits, not just for air quality, but also for other CAFO-caused harms and thus, that CAA regulation of CAFOs is a no-lose strategy. The article then goes further to conclude that, while regulation under any …

Through A Glass Darkly: From Privacy Notices To Effective Transparency, Paula J. Bruening, Mary J. Culnan

North Carolina Journal of Law & Technology

No abstract provided.

Distinguishing Households From Families, Katharine B. Silbaugh

Faculty Scholarship

The study of the relationship between all families, whether marital or non-marital, and households, is underdeveloped, despite extensive study of the mismatch between family law, which is still focused on marriage and parenthood, and family practices. Often, in an effort to update the discourse, discussions of non-marital families seem to deploy households or living arrangements as a substitute classification in the place of the old marital family. This Article argues that we need to resist the tendency to substitute the idea of “household” when the boundaries of legal family fail us, because households are not necessarily familial, and because core …

Bridging The Implementation Of Nagoya-Kualalumpur Supplementary Protocol On Liability And Redress In Indonesia, Wahyu Yun Santoso

Indonesia Law Review

Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on …

Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl

Journal of Intellectual Property Law

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz

Fordham Intellectual Property, Media and Entertainment Law Journal

For many years, the Trademark Trial and Appeal Board has re-fused to address constitutional claims raised in the course of registration or cancellation proceedings. A recent example involves the Washington Redskins trademark, which is the subject of a cancellation proceeding now before a U.S. Court of Appeals. The Board’s refusal to address constitutional issues rests on the assumption that the Board lacks the authority to make constitutional decisions. That may seem odd, given the fact that the Board is an arm of the federal government, and its members are bound to uphold the Constitution. This Article examines the basis of …

The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt

Pace Law Review

This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.

Accounting For The Government Funding Of Non-Profits And The Planned Parenthood Federation Of America, Rachel E. Brown

Senior Honors Theses

Accounting creates a framework for providing transparency in an organization. This foundation is especially important in not-for-profit entities because government grants and contributions often compose significant portions of overall revenues and receipts. An overview of non-profit standards and the government system of distributing funds provides insight into non-profits as a whole and enables the study of specific organizations. As the nation’s largest provider of abortion and family planning services, the Planned Parenthood Federation of America is an especially important organization to study and understand. It receives significant funds from federal and state governments and should receive equally significant evaluation by …

Trips After Fifteen Years: Success Or Failure, As Measured By Compulsory Licensing, Donald Harris

Journal of Intellectual Property Law

No abstract provided.

When Tuna Still Isn’T Always Tuna: Federal Food Safety Regulatory Regime Continues To Inadequately Address Seafood Fraud, Stephen Wagner

Ocean and Coastal Law Journal

In 2012 alone, Americans consumed approximately 4.5 billion pounds of seafood, over 90% of which was imported. Simply put, Americans eat a lot of seafood, with upwards of 500 different species available to satiate the demand. Consequently, imported and domestic seafood in the United States is a thriving 80.2 billion dollar market, with certain highly desired species of fish fetching steep prices.

One fundamental assumption of the consumer-driven market is that the label on the seafood correctly identifies the species of seafood, thereby, among other things, justifying the market price. It is increasingly clear, however, that this assumption is often …

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.

Food Patents: The Unintended Consequences, Jay Dratler Jr.

Akron Intellectual Property Journal

This short paper explores the unintended consequences of this strong economic incentive. The underlying assumptions of patent law and its economic incentive are that innovation is good, and newer is better. But is that always so? Science and history suggest maybe not, for some very fundamental reasons. And there are reasons to believe that the risks of unintended consequences of innovation in food may be more hazardous than those in other fields of innovation.

Significant Innovations Of The New Mexican Law On Inventions And Trademarks, David Rangel Medina

Georgia Journal of International & Comparative Law

No abstract provided.

Amicus (Spring 2016), University Of Colorado Law School

Amicus

Issue at a glance:

• Examines how legal career paths are evolving and changing
• Highlights alumni who have succeeded on a nontraditional career path
• Features innovative new programs:
  • The Korey Wise Innocence Project
  • Daniels Fund Ethics Initiative at Colorado Law
• Showcases photos from the 35th Annual Colorado Law Alumni Awards Banquet
• Honors Dean Weiser's achievements as he prepares to return to the faculty this summer
• Recognizes faculty members who have recently published books and who are retiring
• Celebrates milestones and successes of Colorado Law alumni

To Peat Mine Or Not To Peat Mine: The Supreme Court’S Opportunity To Determine If A “Clean Water Act” Approved Jurisdictional Determination Affects A Landowner’S Legal Rights, Garrett Pratt

Journal of Environmental and Sustainability Law

No abstract provided.

Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas

West Virginia Law Review

No abstract provided.

Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey

West Virginia Law Review

No abstract provided.

Raising Our Standards: Rethinking The Supreme Court’S Abortion Jurisprudence, E. C. Duckworth

Missouri Law Review

Part II of this Note explores the Supreme Court’s abortion jurisprudence by discussing MKB Management Corp. v. Stenehjem, which declared a North Dakota statute barring abortions after a fetus has a detectable heartbeat to be unconstitutional. Next, Part III analyzes the relevant history surrounding abortion rights and the rationale behind the precedent relied on in Stenehjem. Part IV examines the U.S. Court of Appeals for the Eighth Circuit’s decision to void the statute, along with the Eighth Circuit’s vehement plea for a new abortion standard. Finally, Part V of this Note reveals flaws in the Supreme Court’s current abortion jurisprudence …

The Imposition Of Social Justice Morality In Legal Education, Julie D. Lawton

Indiana Journal of Law and Social Equality

No abstract provided.

Large-Scale Land Acquisitions And Applying A Gender Lens To Supply Chain Reform, Mina Manuchehri

Washington International Law Journal

In recent years, multinational corporations, in particular food and beverage companies, have committed to “zero tolerance for land grabs” throughout their supply chains. To achieve this end, companies have also committed to international legal norms, including Free, Prior, and Informed Consent (FPIC) and the United Nations Guiding Principles on Business and Human Rights (UNGPs). Although these commitments were unprecedented, no company explicitly requires the consideration of women’s use of and rights to land when remedying land grabs or acquiring land. To guarantee that women are included and consulted throughout land acquisition processes, companies should explicitly require the application of a …

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Library Staff Publications

No abstract provided.

Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Kerriann Laubach

Washington and Lee Law Review

No abstract provided.

I Am A Victim Too: Applying The "Dual-Victim-Offender" Framework To Reform New York's Family Court, Nikki Whetstone

City University of New York Law Review

No abstract provided.

High Freshets And Low-Lying Farms: Property Law And St. John River Flooding In Colonial New Brunswick, Jason Hall

Dalhousie Law Journal

Although New Brunswick was founded on private land ownership, colonists who settled low-lying land along the St. John River found that the waterway's erratic flood cycle and ever-changing nature threatened their lives and farms, and thwarted their efforts to divide riverbanks and islands into fixed parcels of private property. This article draws upon colonial petitions, sessional court records, and colonial legislation in analyzing the response of the colonial legislature and of local governance to the challenge that the St. John River created for property rights and a private land management system dependent on static boundaries and fixed fences. In examining …

Moving Water In A Highly Altered Land: California’S Water Infrastructure And Environmental Degradation, Kim Delfino

Duke Environmental Law & Policy Forum

No abstract provided.

Strengths And Limitations Of Nutritional Policies In Public Schools In The United States, Brooke Ferenczy

Senior Honors Theses

This thesis reviews the development of nutritional policies that have been created in the United States. As society’s understanding of nutrition has increased and as obesity has become a major problem in the country today, the federal government, state governments, and individual school districts have implemented policies to improve the availability of more nutritious food items in public schools. This thesis then analyzes the strengths and limitations of these policies and the effects they have caused in student populations in order to determine whether they have accomplished their intended goals.