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Articles 3571 - 3600 of 10102
Full-Text Articles in Entire DC Network
The Right To Regulate (Cooperatively), Alexia Brunet Marks
The Right To Regulate (Cooperatively), Alexia Brunet Marks
Publications
The growing number of new technologies in food production— such as nanotechnology, genetic modification, animal cloning, and irradiation—are garnering different regulatory responses around the world. Based on their threshold for tolerating risk, countries are asserting their national right to regulate at home using labeling, quarantine, and outright bans on foods. But domestic regulation has its limits in a free trade environment. Countries that are not mindful of treaty obligations could face legal liability, as seen in the recent litigation between Uruguay and Philip Morris International. In short, traditional models of international regulatory cooperation (IRC) are failing to provide countries with …
Notice Requirements: Employee Wellness Program, John Dumnich
Notice Requirements: Employee Wellness Program, John Dumnich
Student Works
No abstract provided.
Notice Requirements: Employee Wellness Program, John Dumnich
Notice Requirements: Employee Wellness Program, John Dumnich
Student Works
No abstract provided.
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part Ii, Jennifer M. Smith
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part Ii, Jennifer M. Smith
Journal Publications
The state of Americans' health care has been troubling, especially before health care reform.The Affordable Care Act (ACA) is often touted as universal health care, and the initial intention was for the U.S. to have universal health care. However, with all of the compromises involved in its passage, the ACA resulted in comprehensive health insurance reform, significantly increasing the accessibility, affordability, and quality of health care for most, but not all, Americans. The ACA is a substantial step toward universal health care-a near-universal mandate-that may soon provide coverage to all Americans, and even include undocumented immigrants. Americans can find excellent …
Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate
Journal Publications
Ocean iron fertilization (OIF) is a new and controversial climate change mitigation strategy that seeks to increase the carbon-absorbing capacity of ocean waters by depositing significant quantities of iron dust into the marine environment to stimulate the growth of phytoplankton blooms. The photosynthetic processes of these blooms absorb carbon from the atmosphere and sequester it to the ocean floor. OIF has been criticized on several grounds. including the foreseeable and unforeseeable adverse consequences it may cause to the marine environment, as well as the daunting challenge of reconciling several potentially overlapping sources of international and domestic environmental law, which may …
Elder Law: An Annotated Bibliography, 2011-2016, Nancy Levit
Elder Law: An Annotated Bibliography, 2011-2016, Nancy Levit
Faculty Works
No abstract provided.
Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz
Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Constitutionalization Of Children’S Rights In South Africa, Warren Binford
The Constitutionalization Of Children’S Rights In South Africa, Warren Binford
NYLS Law Review
No abstract provided.
Nudging Parents, Meredith J. Harbach
Nudging Parents, Meredith J. Harbach
Law Faculty Publications
Childcare quality matters, and parents intuitively understand that it does. Among the features of childcare parents most value, quality is regularly at the top of the list. Yet experts consistently rate childcare quality in the United States as mediocre at best. Why the disconnect? This Article argues that behavioral market failure is an important piece of the puzzle. Standard economic theory assumes parents are rational market actors, and even market failure theory cannot account for their imperfect rationality. But the paradox of poor childcare quality is not just market failure; it's behavioral market failure. This diagnosis not only helps us …
The Obergefell Marriage Equality Decision, With Its Emphasis On Human Dignity, And A Fundamental Right To Food Security, Maxine D. Goodman
The Obergefell Marriage Equality Decision, With Its Emphasis On Human Dignity, And A Fundamental Right To Food Security, Maxine D. Goodman
UC Law Journal of Race and Economic Justice
Today, the welfare rights movement has faltered. However, the Supreme Court’s recent marriage equality decision, with its emphasis on human dignity, lends hope to the notion that the Court should also acknowledge a right to food security. This Article identifies the role human dignity has served in the Court’s constitutional analysis to acknowledge and protect, for example, rights to privacy, to travel, to be heard, to self‐representation, to marry, to speak freely, and to preserve bodily integrity. According to the Court, these rights are all a part of liberty. Arguably, and as FDR said, “[i]f, as our Constitution tells us, …
A Socio-Economic Approach To Antitrust: Unpacking Competition, Consumer Surplus, And Allocative Efficiency, Jeffrey L. Harrison
A Socio-Economic Approach To Antitrust: Unpacking Competition, Consumer Surplus, And Allocative Efficiency, Jeffrey L. Harrison
UF Law Faculty Publications
This Article demonstrates the relationship between socio-economics and antitrust law. It uses socio-economics to both deconstruct the current economic foundation of antitrust policy and to suggest ways to improve that policy. There are four steps in this presentation. Part II examines the core elements of the economic approach to antitrust and its shortcomings, if any. For those even moderately versed in economics, it will note that the analysis begins at the most basic level. Obviously, antitrust is designed to make markets more competitive. But that goal is merely a means to the end of greater consumer surplus and allocative efficiency. …
The Community Listening Project, Faith Mullen
The Community Listening Project, Faith Mullen
Scholarly Articles
This report is the product of an effort of the DC Consortium of Legal Services Providers (“Consortium”) to learn from low income DC residents about the challenges they face and the barriers that prevent them from overcoming poverty by asking them, directly, about their most pressing problems.The Community Listening Project was envisioned as a companion to the DC Access to Justice Commission’s forthcoming report on unmet legal needs of low-income residents of the District of Columbia. Both the Community Listening Project and the Access to Justice Commission’s legal needs study are intended to provide critical information to enable the community, …
Trips Agreement Article 31 (B): The Need For Revision, Ann Marie Effingham
Trips Agreement Article 31 (B): The Need For Revision, Ann Marie Effingham
Seton Hall Law Review
No abstract provided.
The Federal Government's Power To Restrict State Taxation, David Gamage, Darien Shanske
The Federal Government's Power To Restrict State Taxation, David Gamage, Darien Shanske
Articles by Maurer Faculty
This essay evaluates the limits on the U.S. federal government’s powers to restrict the taxing powers of state governments. The essay revisits earlier debates on this question, to consider the implications of the Supreme Court’s decision in National Federation of Independent Business v. Sebelius and also academic research on the problem of tax cannibalization.
Inviting Everyone To The (Risk) Pool Party: Reforming The Premium Tax Credit To Boost Participation, Mary Leto Pareja
Inviting Everyone To The (Risk) Pool Party: Reforming The Premium Tax Credit To Boost Participation, Mary Leto Pareja
Faculty Scholarship
The year 2014 marked the first opportunity for American taxpayers to receive subsidized health insurance through the Affordable Care Act’s (“ACA”) new Premium Tax Credit (“PTC”). About 4.8 million people enrolled in an ACA plan in 2014 were eligible, and nearly 97% of these claimants were approved for advance payments of the PTC. The year 2015 marked the first tax return where taxpayers received the unpleasant surprise that they must repay excess credits due to reconciliation. Advance PTC estimates turned out to be highly inaccurate, with only 8% of claimants receiving accurate advance payments. A majority, 51%, had to repay …
Front Matter, Volume 40, Number 3, University Of Dayton
Front Matter, Volume 40, Number 3, University Of Dayton
University of Dayton Law Review
Table of contents, administrative information, masthead
We Built It And They Did Not Come: Using Governance Theory In The Fight For Food Justice In Low-Income Communities Of Color, Deborah N. Archer, Tamara Belinfanti
We Built It And They Did Not Come: Using Governance Theory In The Fight For Food Justice In Low-Income Communities Of Color, Deborah N. Archer, Tamara Belinfanti
Articles & Chapters
Food deserts and food insecurity have received considerable attention from various stakeholders, such as state and local governments, community organizations, and private sector institutions. These stakeholders have sought to overcome food insecurity by turning food deserts into oases by providing “access” to fresh, healthy food. However, many of their solutions—building supermarkets and sponsoring farmers markets—have missed the mark. Residents of food deserts did not flock to grocery stores to purchase fruits andvegetables. As a result, many stakeholders blame the residents of food deserts for their own predicament, lamenting, to paraphrase Field of Dreams, “we built it but they did not …
Contemplating The Gap-Filling Role Of Social Intrapreneurship, Tamara Belinfanti
Contemplating The Gap-Filling Role Of Social Intrapreneurship, Tamara Belinfanti
Articles & Chapters
Social intrapreneurs occupy an intersectional space within the large corporate form at the crossroads of innovation, profit, and social good. They are often described as "disruptive" because they devise new ways to tackle problems, usually social in nature, in a manner that disrupts traditional operating models or long-standing assumptions. Although much has been written about social intrapreneurs in managerial literature, legal literature has been silent. This Article reverses that trend and develops a theory of social intrapreneurship from a corporate law perspective. Specifically, this Article posits that social intrapreneurship in terms of praxis, characteristics, and process can be conceptualized as …
What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel
What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel
South Carolina Law Review
No abstract provided.
Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations, Angelina Dalia
Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations, Angelina Dalia
Cardozo Journal of Conflict Resolution
This Note discusses how classwide arbitration in food labeling disputes can better serve as a resolution method for both parties. Part I will review the current legal landscape surrounding food labeling litigations and the limitations of the FDA's regulatory and enforcement power. It will analyze how the lack of regulation has led to the recent surge in food labeling class actions. Part II will introduce the general benefits and downfalls of mandatory arbitration in comparison to litigation as a means of legal remedy. Furthermore, it will describe the recent trend of incorporating mandatory arbitration clauses and class action waivers in …
Gender Indicators As Global Governance: Not Your Father's World Bank, Catherine Powell
Gender Indicators As Global Governance: Not Your Father's World Bank, Catherine Powell
Faculty Scholarship
No abstract provided.
Laudato Si's Challenge To Social Conscience: Society And Nature Together, Cardinal Peter Ka Turkson
Laudato Si's Challenge To Social Conscience: Society And Nature Together, Cardinal Peter Ka Turkson
Intercultural Human Rights Law Review
My remarks will explore several chapters of Laudato si'. First, what is happening to our common home? Let's ask this question, the title of the 1st chapter of the Encyclical, about your home state of Florida. Next, we shall examine integral ecology, following Pope Francis especially in the 4th chapter of Laudato si'. This leads up to the main features of ecological conversion as portrayed in the 6th chapter. After looking briefly at how such conversion is played out in the U.S.A., we conclude by reflecting on the role of the Church and of a Catholic university like St. Thomas.
Can Law Stop Prosecution Of Afghanistan's Women And Girls For Moral Crimes? Searching For An Effective, Practical Legal Methodology, Tara S. Neal
Intercultural Human Rights Law Review
As a woman working in rule of law in Afghanistan, I was confronted on a daily basis by what it means to be female and the severity of those constraints. This realization began every morning with the choice of what to wear. The daily task of dressing myself in a manner that protected my safety, security, and reputation gave me a tiny glimpse into the lives of Afghan women. I discovered how law is used to reinforce traditional and cultural beliefs and the grave injustices served on Afghanistan's women and girls. I also discovered how vast sums of foreign money …
Gras-Fed Americans: Sick Of Lax Regulation Of Food Additives, Martha Dragich
Gras-Fed Americans: Sick Of Lax Regulation Of Food Additives, Martha Dragich
Faculty Publications
Americans are “GRAS-fed” because of a “loophole” in the strict regime Congress provided for the regulation of food additives. Additives - and food products containing them - are exempt from this strict regime if they are accorded GRAS (Generally Recognized as Safe) status. The guidelines Congress provided for achieving that status by scientific evidence of safety are no longer observed. Most additives are determined by the producer alone to be GRAS. At the same time, Americans’ consumption of highly processed foods continues to rise, giving rise to long-term health problems that are increasingly tied to diet. The average American’s diet …
Assessing The Effectiveness Of Safety Training Provided To Corrections Personnel In Appalachia, Ali K. Al Yammahi
Assessing The Effectiveness Of Safety Training Provided To Corrections Personnel In Appalachia, Ali K. Al Yammahi
Online Theses and Dissertations
The context of the study was assessment of whether corrections officers in Appalachia are receiving adequate health and safety training who attended health and safety trainings sessions provided by the OSHA Training Institute and Education Center on the campus of Eastern Kentucky University. Participants included in the study were corrections officers who have been working in corrections for a minimum of two years. Participants were required to be working in Appalachian corrections during distribution of the questionnaire. Participants were selected by using convenience and snowball sampling procedures. The questionnaire was sent on 4 separate occasions, 10 of the expected 30 …
Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Coleman
Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Coleman
Scholarly Articles in Law Reviews & Journals
The narrative of low-wage worker exploitation has increasingly narrowed in focus to reflect the experiences of undocumented immigrant workers whose immigration status makes them particularly vulnerable to wage theft and other denials of their substantive workplace rights. Indeed, much of the scholarship in this area rests solidly at the intersection of immigrant justice and employment law. This article disrupts this paradigm by arguing that this limited narrative has rendered African American low-wage workers invisible. It also draws from the voices of low-wage worker advocates who have borrowed from current activism to announce that #BlackWorkersMatter. Given the role of paradigms in …
Applying The Health Justice Framework To Diabetes As A Community-Managed Social Phenomenon, Lindsay Wiley
Applying The Health Justice Framework To Diabetes As A Community-Managed Social Phenomenon, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: In East Harlem, it is possible to take any simple nexus of people -the line at an A.T.M., a portion of a postal route, the members of a church choir -and trace an invisible web of diabetes that stretches through the group and out into the neighborhood, touching nearly every life with its menace.Ten years ago, the New York Times published "Bad Blood," a series of articles examining the impact of diabetes on the residents of New York City. In the years that followed, New York pioneered a series of groundbreaking legal interventions, including implementing measures to track diabetes …
Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards
Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards
Journal Articles
Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. The best way to represent this risk through insurance is to apply the human-life insurance model to coastal property insurance. Human-life insurance is based on the assumption that every insured will die. Because the risk of death increases with age, the cost of insurance increases with …
The Trans-Pacific Partnership:The Death-Knell Of Generic Pharmaceuticals?, Alexander Stimac
The Trans-Pacific Partnership:The Death-Knell Of Generic Pharmaceuticals?, Alexander Stimac
Vanderbilt Journal of Transnational Law
As global commerce continues to expand, many states find international trade agreements to be a useful tool to facilitate this continued expansion. Trade agreements permit developing or poorer nations to establish robust, mutually beneficial trade relationships with powerful economies such as the United States. In the face of regional competition from China, several nations bordering the Pacific Ocean, including the United States, have reached a far-reaching trade agreement called the Trans-Pacific Partnership (TPP). This Note will focus on one particular piece of the TPP: the pharmaceutical trade and the international availability of generic medicines. The TPP has the potential to …
Mystery Date: Advocating For A Harmonized System Of Expiration Date Labeling Of Food, Akshat Tiwari
Mystery Date: Advocating For A Harmonized System Of Expiration Date Labeling Of Food, Akshat Tiwari
Vanderbilt Journal of Transnational Law
Americans throw out roughly 25 percent of the food they bring home. Negative perceptions associated with expiration dates are a leading cause for this waste. However, a complex patchwork of state-run regulatory regimes and varying terminology makes it difficult for consumers to determine whether a food product is unsafe to eat or simply past a peak quality level arbitrarily set by manufacturers. Regulatory trends in Europe, the United Kingdom, Canada, Australia, and New Zealand suggest a move towards binding expiration date labeling through guidelines for establishing a "best before" or "use-by" date. This Note examines laws currently in place in …