Digital Commons Network^™

Trademark Enforcement Issues In The United States: Bullies And Trolls, Michael S. Mireles Jr.

McGeorge School of Law Scholarly Articles

The article discusses several issues in trademark enforcement in the U.S. It analyzes the problems on trademark bullies and trademark trolls in the U.S. and their existence including the trademark enforcement practices of Travelers Corp. It explains the reason the problem on a trademark troll is a problem unlikely to develop in the U.S.

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

University of Richmond Law Review

No abstract provided.

Predicting Consumer Demand Responses To Carbon Labels, Michael P. Vandenbergh, Sharon A. Shewmake, Abigail Okrent, Lanka Thabrew

Vanderbilt Law School Faculty Publications

Providing carbon footprint labels for all food products is a daunting and potentially infeasible project. Knowing how consumers substitute away from high carbon goods and what they choose as substitutes is essential for understanding which goods are likely to result in meaningful reductions in carbon emissions. This paper proposes a model to systematically estimate how consumers will respond to information from a carbon footprint label. Our model uses consumers' value of their individual carbon footprint with own- and cross-price elasticities of demand data on carbon emissions from life cycle analysis to simulate shifts in consumer demand for 42 food products …

In Praise Of Ex Ante Regulation, Brian Galle

Vanderbilt Law Review

The plaintiffs' daughter was four years old when they brought her in to the local medical clinic. Clinic staff gave the girl a sedative to keep her calm while they examined her, but they miscalculated the dose, and she later died.' Tort liability, or the specter of it, is supposed to discourage these kinds of preventable tragedies. The clinic's owner, fearing a potential crippling award to bereaved families, should have trained his staff more carefully. As it happens, the owner instead had carefully scooped all the assets out of the firm. When the girl's parents won a $34.6 million award …

Volume 89, Issue 5 (2015)

Obiter Dicta

No abstract provided.

School Inequality: Challenges And Solutions, Catherine Lhamon, Kimberly Robinson, David Hinojosa, Molly Hunter, Lisa Scruggs, Javaid Siddiqi, Jerusha Conner, Jason Nance, Marilyn Armour, Pamela Meanes, Meredith Harbach, Preston Green Iii, Gerard Robinson

University of Richmond Law Review Symposium

“Welcome Remarks” were given by Wendy Collins Perdue, Dean of the University of Richmond School of Law, and Dr. Ronald Crutcher, President of the University of Richmond. (9:05 a.m.–9:15 a.m.)

“Keynote” by Catherine Lhamon, U.S. Department of Education Assistant Secretary for Civil Rights. (9:15 a.m.–10:00 a.m.)

“State-Level School Finance Panel” by Kimberly Robinson, Professor of Law at the University of Richmond School of Law; David Hinojosa, National Director of Policy with the Intercultural Development Research Association (IDRA); and Molly Hunter, Director of the Education Law Center’s Educational Justice program. (10:00 a.m.–11:10 a.m.)

“Innovation in Addressing School Inequality Panel” by Lisa …

Earthonomics: Balancing Between Earth And Business, Yazen Abdin

Environmental and Earth Law Journal (EELJ)

Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.

Texas Colonias: Injustice By Definition, Caitlin Lewis

Environmental and Earth Law Journal (EELJ)

Colonias are usually characterized as rural or semi-rural slums inhabited by Mexican-origin immigrants and Mexican Americans. This Comment examines the socioeconomic and environmental burdens faced by Texas colonias and the public and private attempts to address these hardships.

Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas

Pace Environmental Law Review

Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors …

United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan

Georgia Journal of International & Comparative Law

No abstract provided.

Interagency Conflict: A Model For Analysis, Betsy C. Cox, Gary Shmerling

Georgia Journal of International & Comparative Law

No abstract provided.

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez

Pace Environmental Law Review

This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries.

International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …

Eyes On Bangladesh's Disappearing Coasts: Proposed Constitutional Protections For Coastal Communities Particularly Vulnerable To Climate Change, Sabrina Persaud

Student Works

Climate change, a phenomenon caused by global warming, has impacted just about every part of the earth. As polar ice caps continue to melt, people across the world are experiencing record-breaking heat waves and warmer winters. These erratic weather patterns are just one of the many impacts of climate change. Changes in temperature have altered ecosystems and habitats for terrestrial and marine wildlife, and caused human health to deteriorate. Larger, more industrialized countries are the major contributors to climate change; however, smaller countries, such as Bangladesh, suffer the consequences. This article analyses the negative effects that climate change has had …

Mid-Atlantic Ethics Committee Newsletter, Fall 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015

Law & Health Care Newsletter

No abstract provided.

Very Few Appreciated Just How Bad Aia Inter Partes Reviews (Iprs) Would Be For Patent Owners, Although Ipr Denials Have Been, For Patent Owners, A Glimmer Of Hope, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

A Major Smuggle Struggle: It's Time For Major League Baseball To Step Up To The Plate And Alleviate Its Cuban Smuggling Problem, Anna Kaminsky

Cardozo Journal of International and Comparative Law

The note examines the impact of the U.S. trade embargo on Cuba, particularly its effects on Cuban baseball players seeking to join Major League Baseball (MLB). It highlights how the embargo has led to dangerous smuggling routes for these players, arguing that MLB should take greater responsibility in addressing this issue and alleviating the humanitarian and legal challenges it presents.

Of Counsel, Volume 17 | Fall 2015, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Imagining Global Health With Justice: In Defense Of The Right To Health, Eric A. Friedman, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity.

A new global health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health (FCGH)—stands …

The Effect Of International Adoption As An Orphan Care Method In Uganda, Amy N. Bergey

Selected Honors Theses

International adoption has been gaining popularity since the end of the twentieth century (Selman, 2002). Throughout this increase in international adoptions, the focus has drifted away from its original goal of providing homes that are in the best interest of the children (Graff, 2008). It has become more common for international adoption agencies to conduct international adoptions as a profitable business strategy, as international adoptive parents pay an average of $40,000 for a child (MGLSD, 2012; Graff, 2008). While this is not always the case, corruption is prevalent in the system and can endanger children to trafficking and illegal adoptions …

Judicially Modified Democracy: Court And State Pre-Emption Of Local Gmo Regulation In Hawaii And Beyond, Rita Barnett-Rose

Duke Environmental Law & Policy Forum

The federal framework for regulating genetically modified organisms (GMOs) has long been criticized as fragmented and inadequate to protect against various health, environmental, and economic concerns. Yet, despite having the legal authority to augment the federal framework, the overwhelming majority of states have failed to enact any substantive legislation governing GMOs at the state-level. In the wake of this regulatory vacuum, a small but growing number of local governments have attempted to regulate GMOs locally. However, local GMO regulations face significant challenges by the GMO industry, which has sought to undo local regulatory authority both through the courts and through …

Promoting "Academic Entrepreneurship" In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina D. Tvarnø

Duke Journal of Comparative & International Law

In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the European Union (“EU”) needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private …

Reimbursing Clinicians For Advance-Care-Planning Consultations: The Saga Of A Healthcare Reform Provision, Janet L. Dolgin

Hofstra Law Faculty Scholarship

The article examines the laws aimed to reimburse clinicians for advance care planning consultations with Medicare patients in the U.S. Topics discussed include politics of healthcare reform, state-law provisions for advance care planning, introduction of the Patient Protection and Affordable Care Act (PPACA) in the country, and laws defined by the PPACA for payments to clinicians for consultations regarding orders for life sustaining treatment.

Volume 89, Issue 2 (2015)

Obiter Dicta

No abstract provided.

We Wouldn’T Be Here If It Weren’T For Them: Encouraging Family Caregiving Of Indigent Parents Through Filial Responsibility Laws, Katie Sisaket

Journal of Public Law and Policy

No abstract provided.

"Googling" Your Way To Justice: How Judge Posner Was (Almost) Correct In His Use Of Internet Research In Rowe V. Gibson, M. Cristina Martin

Seventh Circuit Review

The Internet is a temptation which many courts have been unable to resist. Over the past twenty years, judges at trial and appellate levels have increasingly used Internet research in crafting their judicial opinions. Judge Richard Posner of the Seventh Circuit is a huge proponent of this proposition, and in August 2015, he authored an opinion which took this independent Internet research to a new level. In Rowe v. Gibson, Judge Posner's opinion reversed summary judgment for a pro se litigant partly based on independent Internet research performed by the court. His justification for using this Internet research was …

The Generation-Skipping Transfer Tax And Sociological Shifts In Generational Length: Proposing A Generation-Inflation Index For Taxation, Alyssa A. Dirusso

ACTEC Law Journal

No abstract provided.

Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer

Florida A & M University Law Review

The United States Supreme Court in National Federation of Independent Business v. Sebelius (Sebelius), famously invoked broccoli to limit the scope of Commerce Clause. All of the Justices used broccoli as a plot device to further their respective arguments answering whether the individual mandate to buy health insurance was constitutional. This article discusses the other end of the economic spectrum – local. We explicate Florida’s local government regulations of urban planting, growing, and selling of broccoli, as well as other fruits, vegetables, and animals. This requires a history of urban agriculture and local zoning laws before we discuss current laws …

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

No Medals For Sochi: Why The Environment Earned Last Place At The 2014 Winter Olympic Games, And How Host Cities Can Score A "Green" Medal In The Future, Alexandra L. Sobol

Villanova Environmental Law Journal (1991 - )

No abstract provided.