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Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney Cross

Scholarly Works

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …

Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone

Articles by Maurer Faculty

This Article assesses the forces on the horizon remaking the fertility industry, including greater consolidation in the health care industry, the prospects for expanding (or contracting) insurance coverage, the likely sources of funding for future innovation in the industry, and the impact of globalization and fertility tourism. It concludes that concentration in the American market, in contrast with other medical services, may not necessarily raise prices, and price differentiation may proceed more from fertility tourism than from competition within a single geographic region. The largest challenge may be linking those who would fund innovation, whether innovation that produces new high …

Missing The “Target”: Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah A. Yearby

All Faculty Scholarship

Nearly everyone has experienced a burn and the resulting pain. Now imagine that you suffer a third-degree radiation burn that injures all the layers of your skin as well as the tissue, causing you extreme pain. . The burn turns your skin white, cherry red, or black and may produce blisters that are dry, hard, and leathery-looking. The burn can also be seen on the surface of your lungs and gastrointestinal tract. If the burn is big enough you will need skin grafts and surgery to replace the skin and tissue that will never grow back, as well as treatment …

Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan

The University of Notre Dame Australia Law Review

The Commonwealth of Australia has begun the implementation of a new front package labelling system for packaged food products. Despite calls from various health groups advocating for a mandatory front package labelling system, the Commonwealth opted for a voluntary system that relies on the goodwill of individual companies for its implementation. In discussing Australia’s obesity epidemic that has given rise to a need for front package labelling, this paper examines the constitutionality of mandatory front package labelling requirements. It argues that as the Commonwealth Government has the requisite jurisdiction to make the system mandatory it should forego voluntary implementation in …

James Robert Rawcliffe, Plaintiff And Appellant, V. Robert Anciaux. Et Al., Defendants And Appelles, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, State of Utah The Honorable Heather Brereton, District Court No. 140905252

James Robert Rawcliffe, Plaintiff And Appellant, V. Robert Anciaux. Et Al., Defendants And Appelles, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Third District Court, Salt Lake County, State of Utah The Honorable Heather Brereton, District Court No. 140905252

Hegemonic Masculinity And Reproductive Freedom, Rick Mula

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia

DePaul Journal of Women, Gender and the Law

Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …

Puerto Rico’S Community Health Centers In A Time Of Crisis, Peter Shin, Jessica Sharac, Marie Nina Luis, Sara J. Rosenbaum

Geiger Gibson/RCHN Community Health Foundation Research Collaborative

In 2014, Puerto Rico’s twenty federally funded community health centers, operating in 71 sites located throughout the Commonwealth, served 330,736 patients, approximately one in ten Commonwealth residents. Compared to other Puerto Rico residents, health center patients are less likely to be insured. Despite considerable growth in Medicaid as a result of the supplemental funding provided under the Affordable Care Act, in 2014, 12.2% of health center patients remained uninsured.

Compared to health centers outside Puerto Rico, Puerto Rico’s health centers show a greater proportion of Medicaid patients served (69% compared to 46% outside Puerto Rico), a greater dependence on physician …

Why Copyright Law Lacks Taste And Scents, Leon Calleja

Journal of Intellectual Property Law

No abstract provided.

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

The following report represents an expansion of the data collection activities mandated by a 2012 Administration of Intellectual and Developmental Disabilities (AIDD) Funding Opportunity Announcement (FOA). Prior to 2012, the AIDD funded data projects, Access to Integrated Employment, Family and Individual Information Systems project (FISP), Residential Information Systems Project (RISP) and the State of the States in Developmental Disabilities only collected data from the 50 states and the District of Columbia. The 2012 FOA requested that three of the AIDD data projects work together to include the five U.S. Territories (American Samoa and the Commonwealth of the Northern Marianas Islands, …

Street Drug Markets Beyond Favelas In Belo Horizonte, Brazil, Elenice De Souza Oliveira, Braulio Figueiredo Alves Silva, Marcos Oliveira Prates

Department of Justice Studies Faculty Scholarship and Creative Works

This study examines whether social disorganization mechanisms that explain clusters of street drug markets in socially disorganized neighborhoods in developed countries can also help explain geographical patterns of drug dealing across neighborhoods in Belo Horizonte, Brazil. Data for this study includes drug arrests from 2007 to 2011 and socio demographic data from the 2010 Census. To examine the influence of exploratory variables on drug market locations, the Negative Binominal regression model was used at two levels of analysis—the Belo Horizonte city center and other neighborhoods including favelas. The findings show that a high hot spot of street drug markets located …

Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel

University of Michigan Journal of Law Reform

With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …

From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel

Michigan Journal of International Law

The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …

Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley

Michigan Journal of Environmental & Administrative Law

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …

Databasing Delinquency, Kevin Lapp

UC Law Journal

Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a century of limited record-making and enhanced confidentiality regarding juveniles, these data collection practices have quickly expanded to include youth. This Article uncovers the vast extent of modern data collection and distribution about juveniles by the criminal justice system from juvenile sex offender registration and their inclusion in gang and DNA databases, to schools turned into mandated law enforcement informants, to police and courts increasingly sharing juvenile …

Sickeningly Sweet: Analysis And Solutions For The Adverse Dietary Consequences Of European Agricultural Law, Emile K. Aguirre

Journal of Food Law & Policy

Sixty-nine percent of adults in the United States, sixty-four percent in the United Kingdom, and over one-third worldwide are overweight or obese. These staggering figures continue to grow, with accompanying emotional, physical, and economic consequences, both for individuals and society as a whole. The role law plays in facilitating this global trend is significant, and yet puzzlingly, little recognized or understood The current food system is profoundly structurally flawed: it establishes unhealthy dietary behaviors as the default option for consumers. This Article is the first to examine how agricultural law has facilitated these unhealthier diets for the past fifty years, …

Chew On This: Learning From Colorado's Edible Marijuana Market, Christina Cole

Journal of Food Law & Policy

Arguably, not since the repeal of Prohibition has there been a scenario in which a change in public opinion resulted in the legalization of a previously unlawful product, in this instance marijuana, resulting in a significant positive economic impact, as well as a financial windfall for governmental entities. On the surface, it may seem like a win-win situation, but, in reality, for an unsuspecting, uninformed consumer, like the nineteen-year-old student from Wyoming and the New York Times columnist, it could become a no-win situation.

Man's Best Friend? Fda Adopts New Rule In Wake Of Pet Deaths, But Will It Have A Significant Impact On The Pet Food Industry?, Amanda Paige Marcum

Journal of Food Law & Policy

Eight years after the largest pet food recall in U.S. history,' pet owners are still grappling with mysterious pet illnesses and deaths associated with commercial pet food. This comment discusses a number of issues related to the Food Safety Modernization Act ("FSMA") . First, it looks at a brief history of pet food industry regulation. Second, it examines the mystery of pet deaths related to jerky treats made in China. Third, it discusses recent developments in the law in response to those pet deaths. Fourth, it considers the implications of the rule and how it will affect the standards applicable …

Implementing Medical Tourism Regulation In The Face Of The Volume Shock Problem, Franklin Chou

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Whaling In Circles: The Makahs, The International Whaling Commission, And Aboriginal Subsistence Whaling, Monder Khoury

UC Law Journal

In Anderson v. Evans, the Ninth Circuit held that the International Whaling Commission (“IWC”) Schedule’s approval of a quota to hunt whales for the Native American Makah Tribe (“Makahs”) violated the Marine Mammal Protection Act. The implications of this holding were troubling: despite the U.S. government and the IWC approving, on domestic and international levels, the Makahs’ whaling proposal in the 1990s, the Makahs were still unable to hunt whales legally. The Makahs’ right to whale stemmed from the 1855 Neah Bay Treaty, an agreement between the Makahs and the U.S. government in which the government promised the Makahs the …

From Nipples To Powder, Marian Kousaie

Akron Law Review

Working moms are a force to be reckoned with. They often balance demanding jobs with equally demanding familial obligations. They pack lunches, schedule play dates, and head the soccer team carpool while juggling client needs and prepping for board meetings. But sometimes, when a new mother is ready to jump back into the workforce, she is met with a difficult decision—whether or not to continue breastfeeding her baby. Even though she is a force to be reckoned with, does her workplace provide the support that she needs to continue to provide breast milk to her baby? Questions present themselves about …

The Health Benefits Of The Mediterranean Diet, Kathryn Cleek

University Honors Program

Introduction This thesis is over the health benefits of the Mediterranean diet, what causes these increase in health benefits. In the introduction of this paper I discuss what the Mediterranean diet is, the history of the Mediterranean diet, who first demonstrated the diet, the physical activity differences in America and Europe, the portion size differences and the Ten Commandments of the diet. Each component of diet is important for understand how the diet works when comparing it to the health of those who demonstrate the diet. Main Body The main body is composed of what I used to find my …

Personal Responsibility For Systemic Inequality, Martha T. Mccluskey

Contributions to Books

Published as Chapter 15 in Research Handbook on Political Economy and Law, Ugo Mattei & John D. Haskell, eds.

Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in …

Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black

DePaul Journal of Health Care Law

No abstract provided.

Fault Lines In Trademark Default Judgments, David S. Welkowitz

Journal of Intellectual Property Law

No abstract provided.

Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll

Journal of the National Association of Administrative Law Judiciary

This comment will explain the evolution of welfare reform, present some proposals that others have suggested in order to remedy the problems the current system has, and suggest a way to best serve those of a lower socio-economic status. Part II explains the background on welfare reform and why the reform that occurred during the Clinton administration was so revolutionary. It will explain how the progress in the Clinton administration impacted the effectiveness of welfare reform. Part III details how the current welfare programs in place impact the United States, and how the changes by the Obama administration contrast with …

The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett

Journal Articles

Private school choice programs raise important legal questions regarding students’ rights to an education, parents’ rights to choose their children’s schools, state constitutions, race and disability, and religious liberty.

Vol. 49, No. 10 (November 2, 2015)

Indiana Law Annotated

No abstract provided.

Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner

Journal of Environmental and Sustainability Law

No abstract provided.