Digital Commons Network^™

Equity By The Numbers: Measuring Poverty, Inequality, And Injustice, Matthew D. Adler

Faculty Scholarship

Can we measure inequity? Can we arrive at a number or numbers capturing the extent to which a given society is equitable or inequitable? Sometimes such questions are answered with a “no”: equity is a qualitative, non-numerical consideration.

This Article offers a different perspective. The difficulty with equity measurement is not the impossibility of quantification, but the overabundance of possible metrics. There currently exist at least four families of equity-measurement frameworks, used by scholars and, to some extent, governments: inequality metrics (such as the Gini coefficient), poverty metrics, social-gradient metrics (such as the concentration index), and equity-regarding social welfare functions. …

Hiv Infrastructure Study Birmingham, Alabama, Susan S. Reif, Kristen Sullivan, Carolyn Mcallaster, Miriam Berger

Faculty Scholarship

No abstract provided.

Nfib V. Sebelius And The Right To Health Care: Government's Obligation To Provide For The Health, Safety, And Welfare Of Its Citizens, Jack M. Beermann

Faculty Scholarship

One of the most important roles government plays in contemporary society is protecting people from unsafe products and environmental conditions. Although the Supreme Court has rejected calls to read the Constitution of the United States to include positive rights, this article’s central claim is that the Supreme Court’s rejection of the Medicaid expansion in the Patient Protection and Affordable Care Act makes sense only if the Constitution is understood as requiring government to provide for the health, safety and welfare of its citizens. It’s not that Chief Justice Roberts intended this implication, but if states did not feel obligated to …

Child’S Play: The Case Against The Department Of Labor For Its Failure To Protect Children Working On America’S Tobacco Farms, Leigh E. Colihan

American University Law Review

No abstract provided.

Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa

Faculty Publications

Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close.

At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. …

A Comparison Of The Jurisprudence Of The Ecj And Efta Court On The Free Movement Of Good In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfue And Article 11 Of The Eea?, Jarrod Tudor

San Diego International Law Journal

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …

Food And Condiments For The Twenty-First Century: Business, Science, And Policy, Lewis D. Solomon

GW Law Faculty Publications & Other Works

We are in the midst of a paradigm shift in the food industry. People are more closely examining the impact of food not only on their health and wellness but also on the environment. Some are also concerned about the relationship between food and animal welfare as well as resource scarcities. Big food conglomerates face competition from upstart rivals. The for-profit companies profiled in this work, Nu-tek Food Science, Lyrical Foods, Hampton Creek, Beyond Meat, Impossible Foods, Modern Meadow, and Rosa Labs, are leading the reinvention of condiments and food. Although picking winners and also-rans represents a difficult endeavor, some …

The Puzzle Of Alfarabi's Parallel Works, Miriam Galston

GW Law Faculty Publications & Other Works

Scholars disagree about the correct interpretation of Alfarabi’s Political Regime and Virtuous City, treatises that have striking similarities, yet notable differences. For some, the treatises encapsulate Alfarabi’s philosophy; for others, they express only politically salutary opinions. Both interpretations fail to explain why he wrote parallel works. If both reflect Alfarabi’s genuine philosophic doctrines, why did he compose separate but parallel treatises, both written when his philosophy was mature? Alternatively, if the treatises are political or rhetorical, why did Alfarabi compose two versions, and why did he choose these two accounts rather than others? To answer these questions, I discuss several …

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

Articles by Maurer Faculty

The pragmatics of privatization offer terrain for a critical understanding of the relationship between government and business under the conditions associated with the globalization of neoliberal capitalism. Prison privatization is especially significant in this context, given the fact that—for privatization advocates and critics alike, in the United States and elsewhere—prisons represent a bellwether for broader questions about the scope of government. We review the recent history of prison privatization in the United States from the vantage point of the policy responses to the privatization movement more generally, to highlight the various factors that, over time, made private prisons iconic of …

The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda’S Global Role, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Advancing A Framework For Regulating Cryptocurrency Payments Intermediaries, Sarah Jane Hughes, Stephen T. Middlebrook

Articles by Maurer Faculty

This Article looks at competing models for regulating providers of services to individuals and businesses that take cryptocurrencies in payment for goods and services, including operators of online wallets and exchanges, and other cryptocurrency market intermediaries whose functions resemble "money service businesses" or "money transmission." We conclude that, in addition to whatever "money services" or "money transmission "prudential regulation the States or federal government may adopt, the operation of wallets and exchanges requires a new commercial law that lays out rights and liabilities of cryptocurrency users in a robust and transparent fashion. We use Article 4A of the Uniform Commercial …

State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).

Mfy Legal Services, Inc.'S Medical Legal Partnership With Bellevue Hospital Center: Providing Legal Care To Children With Psychiatric Disabilities, Aleah Gathings

City University of New York Law Review

No abstract provided.

Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart

Nevada Supreme Court Summaries

The court determined that Nevada’s Chief Medical Officer’s examination of inmate diets and her resulting report to the Board fell well short of what was required by NRS 209.382(1)(b) in that included no analysis of the diets of general population inmates, addressed diets at only one of Nevada's correctional facilities, and generally lacked any indication as to how the required examination was conducted.

Public Assistance Hb 772, Georgia State University Law Review

Georgia State University Law Review

The Act requires the government to drug-test recipients of food stamps and TANF benefits if there is a reasonable suspicion of drug use. Penalties for failing a drug-test become more severe when a recipient has more violations. The new bill also requires that a member of each household receiving food stamp benefits have a photo on the card.

Rubber-Stamped Regulation: The Inadequate Oversight Of Genetically Engineered Plants And Animals In The United States, Genna Reed

Sustainable Development Law & Policy

No abstract provided.

Driving Innovation: How Stronger Laws Pull Safer Chemicals Into The Market, Baskut Tuncak

Sustainable Development Law & Policy

No abstract provided.

How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce

American Indian Law Journal

No abstract provided.

Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard

American Indian Law Journal

No abstract provided.

Getting To Know Fred, Dr. Emily Sanchez Salcedo

Center for Business Research and Development

Family responsibilities discrimination (FReD) is a novel concept in the Philippine workplace. It is novel not because it is a new occurrence but because societal awareness is a fairly recent phenomenon following its unprecedented surge in popularity in the United States that began with the publication of the book, “Unbending Gender: Why Family and Work Conflict and What to Do About It” in 2000 by Professor Joan C. Williams.

Paradise Found? Food Transportation Regulation: A Detour Through Regulatory Purgatory, William Nash

Journal of Food Law & Policy

On January 31, 2014, the Food and Drug Administration ("FDA") issued a Notice of Proposed Rulemaking ("NPRM") that would set requirements for shippers, carriers and receivers of food transported in intrastate and interstate commerce. The NPRM marks a potentially important step in a long history of the (non-)regulation of food transportation. In Parts I and II, this paper will provide some context of the history of food transportation, as well as the major incidents that placed the food transportation industry on the regulatory map. In Parts III and IV, the paper will consider the history of food transportation regulation from …

Let's Stop Worrying And Learn To Love Transparency: Food And Technology In The Information Age, Scarlettah Schaefer

Journal of Food Law & Policy

Food and technology have had a long and tempestuous relationship. Current methods of food production and processing in the industrialized world depend heavily on technological developments. However, all technologies are not created equal. Some can produce food that is safer, more sustainable, more nutritious, or longer lasting. Some can have the opposite effect: increasing opportunities for adulteration, increasing the difficulty in detecting food fraud, and contributing to both foreseeable and unforeseeable health or ecological costs. Increasingly sophisticated technologies often become less apparent to the average consumer. For example, consider irradiated meat or genetically modified foods as opposed to freezer storage …

The Hamburglar, Friend Or Foe: What Is The Best Solution For Lawsuits Alleging Obesity Caused By Fast Food Outlets When No Causal Link Between Consumption And Obesity Can Be Found?, Mary Hoshall Hodges

Journal of Food Law & Policy

When is the last time you ventured through the drive-thru of a fast food establishment? Maybe last night when it was just easier than taking the time to cook dinner, or maybe last weekend on your way home from vacation, or maybe when you were running low on funds and needed a cheap meal? Given the busy, fast-paced lives Americans lead, it is no wonder that many rely on the fast food industry, even though most would not care to admit it.

Toward A Just Food Regime: Consumption, Ideology, And Democratic Strategy, Adam B. Lichtenberger

Journal of Food Law & Policy

United States agricultural policies incentivize the growth and consumption of industrial foods. Industrial foods are linked to a host of social and ecological ills. However, agricultural policies are insulated from political criticism, in part, by the myth that consumers freely and rationally choose industrial foods. This neoliberal myth is congruous with the American preferences for "stealth democracy." That is, the neoliberal myth is an elegant, but ultimately erroneous, reconciliation of conflicting political preferences: Americans do not want to be involved in politics, but they also do not want the political process to be used by special interests or politicians to …

Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe

Faculty Publications

No abstract provided.

Amended Complaints Post-Twiqbal: Why Litigants Should Still Get A Second Bite At The Pleading Apple, Dane Westermeyer

Washington Law Review

The Supreme Court’s landmark decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal have had a serious effect on the way that Rule 12(b)(6) Motions to Dismiss are handled in federal courts across the country. In the five years since Iqbal was handed down, scholars and practitioners alike have discussed the merits and effects of this decision at length. However, there has been very little—if any—discussion on the relationship between amended complaints and original complaints when it comes to this newly-minted plausibility standard. This Comment aims to examine and critique a post-Twiqbal practice regarding amended complaints that …

Symposium On The Challenges Of Electronic Evidence, Panel Discussion

Fordham Law Review

The Phillip D. Reed Lecture Series: Advisory Committee on Evidence Rules

The Two Hundred Million Dollar Question: Were Letters Of Credit As Good As Cash In The Mf Global Liquidation, Valerie M. Hughes

North Carolina Law Review

No abstract provided.

Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron

Law and Contemporary Problems

No abstract provided.

Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph

Alaska Law Review

Alaska tribes have limited control over their traditional lands and waters. Tribes may increase their influence through a Traditional Cultural District designation under Section 106 of the National Historic Preservation Act. This designation does not stop development, but requires federal agencies to consult with tribes regarding potential development that may impact the district. The consultation right applies regardless of whether a tribe owns or has formally designated the district. In Alaska, where no Traditional Cultural Districts exist as of 2014, there is potential for designating large areas of land or water that correspond to the range of traditionally important species.