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Articles 3541 - 3570 of 10102
Full-Text Articles in Entire DC Network
Artificial Nutrition And Hydration And The Patient In Persistent Vegetative State: Roman Catholic Magisterial Teaching On The Right To Refuse Medical Treatment Versus The Obligation To Provide Ordinary Care, Donald H.J. Hermann
University of Dayton Law Review
No abstract provided.
No Quick Fix For Equity And Excellence: The Virtues Of Incremental Shifts In Education Federalism, Kimberly J. Robinson
No Quick Fix For Equity And Excellence: The Virtues Of Incremental Shifts In Education Federalism, Kimberly J. Robinson
Law Faculty Publications
In this Article, I join these calls for the federal government to lead states to reform their school funding systems. In doing so, I build upon my recent scholarship that calls for additional federal leadership insisting that states prioritize equity and excellence in education. I recommend that we restructure education federalism by requiring the federal government to serve as the ultimate guarantor of equal access to an excellent education. My theory of education federalism embraces federal policymaking strengths in education, such as federal research, technical, and financial assistance, that support state and local reforms to promote equity and excellence. This …
Brief For Professor Walter Dellinger As Amicus Curiae In Support Of Petitioners, Walter E. Dellinger Iii
Brief For Professor Walter Dellinger As Amicus Curiae In Support Of Petitioners, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
Serving In The Master’S House: Legal Protection For In-Home Care Workers In The United States, Michael Fischl
Serving In The Master’S House: Legal Protection For In-Home Care Workers In The United States, Michael Fischl
Faculty Articles and Papers
This essay will focus on the developing forms of legal protection available in the United States to those whose principal place of work is another person’s home and who are paid to do what is broadly referred to as “care work.” The particular services vary widely – from housecleaning, to child care, to companionship and routine health care management for the elderly and the infirm – but the labor market demographics do not: This is low-wage/no-benefit work performed almost exclusively by women and primarily by women of color and of extra-national origin
Of Trials, Reparation, And Transformation In Post-Apartheid South Africa: The Making Of A Common Purpose, Andrea Durbach
Of Trials, Reparation, And Transformation In Post-Apartheid South Africa: The Making Of A Common Purpose, Andrea Durbach
NYLS Law Review
No abstract provided.
The Politics Of Mental Health: A Comparative Study Of Policy Adoption And Implementation In Germany And Japan, Luis Diego Campos
The Politics Of Mental Health: A Comparative Study Of Policy Adoption And Implementation In Germany And Japan, Luis Diego Campos
Honors Undergraduate Theses
In the aftermath of World War II, the Liberal Democratic Party of Japan followed Germany’s blueprint in fashioning a universal health coverage system. Comparisons to Germany’s welfare state during this same time period reveal markedly different social and mental health policy practices, as Germany’s Christian Democratic Union and Social Democratic Party cooperated toward progressive policies while the Liberal Democratic Party largely neglected social welfare expansion. The effect of these practices is reflected in budgetary provisions, institutionalization practices, and mental health epidemiology. This research finds that a favorable economic climate allowed the Liberal Democratic Party to politically isolate the Social Democratic …
The Silent Penalty: Interest Accrues On Unpaid Child Support In Florida, Cynthia Hawkins Debose, Jounice Nealy-Brown
The Silent Penalty: Interest Accrues On Unpaid Child Support In Florida, Cynthia Hawkins Debose, Jounice Nealy-Brown
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki
Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki
Faculty Publications & Other Works
Policymakers frequently use arational appeals – such as those relying on emotion, cognitive biases, and subliminal messaging – to persuade citizens to adopt behaviors that support public goals. However, these communication tactics have been widely criticized for relying on arational triggers, rather than reasoned argument. This Article develops a fuller account of the non-consequentialist objections to arational persuasion by state actors, as well as the arguments in favor of such tactics, that have been presented by scholars of rhetoric, political theory, and cognitive science. The Article concludes by proposing ethically justifiable limitations on state communications that should be compelling to …
Civil Procedure: Statutory Interpretation: Compensating For Ambiguities In The Workers' Compensation Act—Schmitz V. U.S. Steel Corp., Megan L. Odom
Civil Procedure: Statutory Interpretation: Compensating For Ambiguities In The Workers' Compensation Act—Schmitz V. U.S. Steel Corp., Megan L. Odom
Mitchell Hamline Law Review
No abstract provided.
Tax Implications On The Sale Of Eggs Should The Sale Of Eggs Be Taxed Or Merit Preferred Tax Status?, Diego O. Barros
Tax Implications On The Sale Of Eggs Should The Sale Of Eggs Be Taxed Or Merit Preferred Tax Status?, Diego O. Barros
Student Works
No abstract provided.
Title: The “Secret” Recipe: Why Food Companies Cannot Beforced To Label Genetically Engineered Foods, Angelo Cerimele
Title: The “Secret” Recipe: Why Food Companies Cannot Beforced To Label Genetically Engineered Foods, Angelo Cerimele
Student Works
No abstract provided.
'Big Food' Is Making America Sick, Lawrence O. Gostin
'Big Food' Is Making America Sick, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
“Big Food”—agribusiness, manufacturers, restaurants, and marketers—is making America sick. The industry produces and aggressively markets foods laden with sugar, salt, saturated fat, and calories. It obfuscates nutritional information to confuse consumers, targeting young people and minorities in particular. It purchases influence at every level of government and fights commonsense regulations by funding “shadow” advocacy groups and sympathetic scientists. Big Food is relentless in litigating against any law that is likely to be effective in curbing unhealthy eating.
Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray
Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray
Cardozo Journal of International and Comparative Law
The note argues that China's Antimonopoly Law (AML), while modeled after Western antitrust laws, is often applied in a protectionist manner, disproportionately targeting foreign companies to shield domestic industries and state-owned enterprises. This selective enforcement contrasts with the U.S. antitrust system, which prioritizes fair competition and consumer welfare. The note advocates for aligning AML enforcement with international standards to promote a level playing field and foster long-term economic growth.
Animal Farm: The E.U.'S Move Towards Progress And The U.S.'S Slide Towards Dystopia In Farm Animal Welfare, Dorothy Sluszka
Animal Farm: The E.U.'S Move Towards Progress And The U.S.'S Slide Towards Dystopia In Farm Animal Welfare, Dorothy Sluszka
Cardozo Journal of International and Comparative Law
The note argues that the United States lags behind European countries in protecting animals used in agriculture, with inadequate regulations endangering public health and ignoring voter concerns. It advocates for the repeal of "ag-gag" laws and antitrust enforcement to dismantle the meat industry's monopoly, aligning with public policy and improving animal welfare standards.
Reclaiming The Right Of Beneficial Use, Abby Harder
Reclaiming The Right Of Beneficial Use, Abby Harder
University of Colorado Law Review
Under the doctrine of prior appropriation, those that divert and apply water resources to a beneficial use gain a future right of use. Further, individuals may contract with the federal Bureau of Reclamation (BOR) for the delivery of federal project water. Under either method, individuals are required to use their water appropriation for a beneficial purpose to acquire and maintain their rights of use. What constitutes a beneficial purpose or a beneficial use of water resources has traditionally been defined by state law. Following some states’ legalization of marijuana, the BOR announced a new policy with regard to water use, …
“‘Tis The Time’S Plague When Madmen Lead The Blind”: How The Irs Can Prevent Pyramid-Scheme Formation (And Why It Should), James Walsh
Case Western Reserve Law Review
No abstract provided.
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores free speech and federalism issues arising from FDA regulation of off-label uses and off-label marketing of drugs. In light of the FDA's desire to respect state government authority, together with other considerations discussed in this article, he argues for the rejection of the analysis of the Caronia court and to give the FDA significant leeway in its regulation of off-label marketing.
A Tale Of Two Cases, Paul J. Larkin Jr.
A Tale Of Two Cases, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease
Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease
Case Western Reserve Journal of International Law
The Tobacco Plain Packaging Act (TPPA) was passed in Australia in 2011 and set restrictions on the appearance of tobacco packages. The restrictions limited the use of trademarks to only the brand name, and banned any use of distinctive colors or images. Tobacco growing nations believed this restriction on trade dress violated Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which guarantees that no restriction may unjustifiably encumber intellectual property. Article 8 of the TRIPS Agreement, however, allows for encumbrances when it is intended to promote the protection of public health and safety. The tobacco growing …
Effects Of The Illinois Budget Crisis On Home-Based Childcare Businesses, Okeycha Pettigrew
Effects Of The Illinois Budget Crisis On Home-Based Childcare Businesses, Okeycha Pettigrew
All Capstone Projects
There are over 800,000 children in Illinois that need to be placed in early learning programs. Many programs are closing due to the lack of financial support from government programs that provide financial assistance to parents who cannot afford to pay for childcare. The budget crisis that Illinois is currently experiencing has caused a decrease in funding early childhood education, and has cut many programs that are beneficial to home-based childcare businesses. What is happening to the children and the families that depend on childcare assistance? How does that affect the economy? What will happen to the communities that need …
2015 Federal Legislative Review, Alescia Dichmann
2015 Federal Legislative Review, Alescia Dichmann
Animal Law Review
The American political newspaper, The Hill, named the 114th Congress as “the most diverse Congress ever set to take power.” This Congress has 108 female lawmakers, more than ever before, alongside 430 men as well as 46 African American and 33 Hispanic lawmakers. While this Congress has made strides in the diversity of its members, we have yet to see whether this Congress’s legislative activity will benefit animals. The fate of the proposed animal legislation discussed in this Review will ultimately be decided by the time this 114th Congress concludes in 2017.
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi
Faculty Articles
No abstract provided.
What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, Jennifer M. Kirby-Mclemore
What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, Jennifer M. Kirby-Mclemore
Roger Williams University Law Review
No abstract provided.
Fighting Over The Conservative Banner, Carl Bogus
Fighting Over The Conservative Banner, Carl Bogus
Law Faculty Scholarship
No abstract provided.
If It Smells Funny, Don't Eat It: An Example Of The Controversy Surrounding Genetically Engineered Food Labeling Laws, Diana Milbourn
If It Smells Funny, Don't Eat It: An Example Of The Controversy Surrounding Genetically Engineered Food Labeling Laws, Diana Milbourn
SMU Science and Technology Law Review
No abstract provided.
Foreword: The Food Law Era, Nathan Cortez
Foreword: The Food Law Era, Nathan Cortez
SMU Science and Technology Law Review
No abstract provided.
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Journal Publications
Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …
From Bail Bondsmen To Risk Assessments: Assessing Kentucky's Pretrial Release Approaches, Ismaila Ceesay
From Bail Bondsmen To Risk Assessments: Assessing Kentucky's Pretrial Release Approaches, Ismaila Ceesay
MPA/MPP/MPFM Capstone Projects
As one of only four states that ban bail bond companies, Kentucky is an experiment in the “laboratory of democracy,” which is made even more interesting because the state has tried three different approaches to pretrial release—the Pre-1976 approach, the 1976 to 2011 approach, and the 2011 to present approach. An assessment of these approaches show s how state actions and inaction can affect the right to pretrial release and underscores the importance of adopting appropriate state pretrial release policies.
Introduction To Model Laws On Lighting, Lakshman Guruswamy
Introduction To Model Laws On Lighting, Lakshman Guruswamy
Publications
No abstract provided.