Digital Commons Network^™

Is Congress Now The Broken Branch?, Barbara Sinclair

Utah Law Review

The Broken Branch: How Congress is Failing America and How to Get It Back on Track by Tom Mann and Norm Ornstein was published in 2006. To be sure, criticism of Congress is a staple of American political discourse—the content varies, but the criticism is ubiquitous. Nevertheless, the volume of criticism has ramped up in the past decade or so, and the fact that two highly respected congressional scholars, Thomas Mann and Norman Ornstein—who are also Washington insiders and known to be sympathetic to Congress—have joined in the criticism needs to be taken seriously.

The Real World Of Interdependence Of Governments And Corporations: What We Know Vs. What We Teach, David Menefee-Libey, Charles Herman, Chad Powell, Jeffrey Zalesin

Utah Law Review

Once we better understand this interdependence, we can more carefully ask how the public and private sectors can and should collaborate, for what purposes, and to whose benefit. The real world political questions are not whether it will be done or how such things could happen. A more constructive real world politics will focus on how we will manage the interdependence of governments and corporations, and whose interests and values will be served by policy choices about the patterns and practices of collaboration. If we organize our public life around these questions in 2020, American politics will be much more …

Book Review Of Simpler: The Future Of Government, By Cass Sunstein, Bernard W. Bell

Journal of Legal Education

No abstract provided.

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah Jane C. Haan

NULR Online

No abstract provided.

Healthy Living Needs Global Governance, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

It may seem counter-intuitive, but the same factors that drive the spread of infectious diseases also contribute to the dominance of non-communicable diseases (NCDs) in the global burden of disease—urbanization, global markets and harmonized cultures. NCDs have overtaken infectious diseases as the leading cause of morbidity and premature mortality worldwide, with deaths concentrated among the poor due to the growing availability and affordability of highly-processed, unhealthy foods, alcohol and tobacco.

The global response to NCDs has been slow and fractured, with the World Health Organization dedicating scant funding and the United Nations waiting until September 2011 to hold a high-level …

Throwing The Red Flag: Why The Nfl Should Challenge The Ruling On The Field That Player Decertification Lowers The Antitrust Shield, Alexandra Hayes

University of Miami Business Law Review

No abstract provided.

Climate Change, Gender Inequality And Migration In East Africa, Medhanit A. Abebe

Washington Journal of Environmental Law & Policy

East Africa, one of the most volatile regions in Africa, has been suffering from enormous problems caused by population growth, weak governance, war, and famine. Recently, the advent of climate change has exacerbated these pre-existing problems. These impacts are not felt equally across populations, and, according to various studies, disproportionately affect women. Despite reforms, rural East African women still struggle to access resources or participate in decision-making processes. As a result, they have a weaker ability to adapt to climate change than men. This weaker adaptive capacity influences migration patterns between the genders, and creates its own set of problems. …

Globalizing Standard Of Patent Protection In Wto Law And Policy Options For The Ldcs: The Context Of Bangladesh, M. Monirul Azam

Chicago-Kent Journal of Intellectual Property

This Article analyzes the globalizing standard of patent protection as adopted under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) and possible options for the Least Developed Countries (LDCs) such as Bangladesh against the experiences of Brazil, India, and South Africa with special reference to pharmaceutical patent issues.

Multipolarity, Intellectual Property And The Internationalization Of Public Health Law, Sam F. Halabi

Faculty Publications

This Article critically examines the proliferation of international legal agreements addressing global health threats like the outbreak of infectious diseases, tobacco use and lack of access to affordable medicines. The conventional wisdom behind this trend is that a global normative shift has occurred which has caused states to regard health as “special” and less subject to the normal rules of international law making because health threats endanger all of humanity. This Article challenges that thesis, arguing that at the same time the number and scope of international health law treaties has grown, developed states have subordinated health law to intellectual …

The Home: Where Our Heart Resides, David M. English

Faculty Publications

Helping a client maximize the use of his or her home for these purposes is no simple task. It requires knowledge of options and resources across many domains. But stepping back and taking a broader look at these strategic opportunities and pitfalls is useful in appreciating the knowledge and skill set needed to competently counsel and represent aging clients. This article looks first at a variety of consumer protection issues, examines the interrelationship between the home and a variety of government benefits, and concludes with a discussion of technology that may enable an elderly person to remain in the place …

Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown

UF Law Faculty Publications

This Article proposes a novel approach to addressing global climate change's impacts on agricultural production and food security. The climate change crisis is the most significant environmental issue facing our planet. The changes predicted to occur as the earth's climate warms include significant impacts to agriculture. At the same time that the planet is undergoing dramatic climatic changes, the global population is increasing, and economic development in many parts of the world is exerting increased demand for a greater and more diverse supply of food.

The relationship between climate change and agriculture is a close and complex one, as the …

Health Care Reform: Treatment Effectiveness Information Nationwide, Robert B. Leflar

University of Arkansas at Little Rock Law Review

No abstract provided.

Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds

University of Michigan Journal of Law Reform

Childhood obesity is a major problem plaguing the United States. Over one-third of children are overweight, and there is little indication that this trend will reverse in the near future. The federal government has attempted to combat childhood obesity through the National School Lunch Act, which regulates the quality of foods federally subsidized schools may serve to children, and provides broad goals for physical activity. These basic goals leave extensive room for states to implement different standards, and they are not sufficient to effectively confront the childhood obesity problem. This Note proposes amendments to the National School Lunch Act that …

Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views.

The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal …

Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge

Catholic University Law Review

No abstract provided.

Psychiatry For The Lawyer Common Psychiatric States Not Due To Psychosis , Gaylord Coon P.

Cornell Law Review

No abstract provided.

Daily Border Crossings: Negotiations Of Gender, Body And Subjectivity In The Lives Of Women Workers In Urban Malls., Rachana Johri Dr., Krishna Menon Dr.

Cultural Encounters, Conflicts, and Resolutions

The last two decades have seen the emergence of not just new markets but new market spaces that provide a visual experience of products and persons that closely approximates the field set up by the global media. Malls represent the concrete representations of unabashed celebration and acknowledgment of desire. Malls are one of the spaces that shape everyday lives suggesting the rightfulness of fulfilling sexual, cultural, social and gastronomic desires. One ‘category’ of persons presumably shaped by these spaces are those who work in them. Our concern is particularly with the negotiation of body and subjectivity as women travel daily, …

Feeding The Racial Disparity In Disease: How Federal Agricultural Subsidies Contribute To A Racial Disparity In The Prevalence Of Diet Related Illness, Lawrence F. Dempsey

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Food Labeling Litigation: Exposing Gaps In The Fda's Resources And Regulatory Authority, Nicole Negowetti

Law Faculty Publications

No abstract provided.

Stein Center News - June 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Stein Center For Law And Ethics Annual Report 2013 To 2014, Sherri Levine

Annual Reports

No abstract provided.

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …

An Assessment Of Risk Factors For Early Death Among A Sample Of Previously Incarcerated Youth, Patricia A. Stoddard Dare, Miyuki Fukushima Tedor, Linda M. Quinn, Christopher A. Mallett

Social Work Faculty Publications

Most previous research regarding early death prior to, or during, young adulthood among previously detained delinquent youth has focused predominantly on males or on their cause of death. This study extends previous research by evaluating potential factors that are associated with early death in a random sample (N = 999) of formerly detained youthful offenders in New York stratified by gender (50% female). Existing case records were referenced with the National Death Index to determine if the formerly detained youth were deceased by the time they would have reached age 28. Regression analyses were run to determine if any of …

Much Ado About Something: The First Amendment And Mandatory Labeling Of Genetically Engineered Foods, Stephen Tan, Brian Epley

Washington Law Review

This Article evaluates the free speech implications of laws requiring that GE foods be labeled and concludes that such regulations would meet all First Amendment requirements for compelled commercial speech. Part I traces the history of food labeling in the United States, the advent of genetic engineering, and the application of that technology in agriculture and the food industry. Part II evaluates the scope of commercial free speech and the appropriate test to be applied in determining whether a GE food labeling law would violate the First Amendment. Part III examines the impacts of an agricultural and food system increasingly …

Much Ado About Something: The First Amendment And Mandatory Labeling Of Genetically Engineered Foods, Stephen Tan, Brian Epley

Washington Law Review

This Article evaluates the free speech implications of laws requiring that GE foods be labeled and concludes that such regulations would meet all First Amendment requirements for compelled commercial speech. Part I traces the history of food labeling in the United States, the advent of genetic engineering, and the application of that technology in agriculture and the food industry. Part II evaluates the scope of commercial free speech and the appropriate test to be applied in determining whether a GE food labeling law would violate the First Amendment. Part III examines the impacts of an agricultural and food system increasingly …

Health Care Reform And Efforts To Encourage Healthy Choices By Individuals, David Orentlicher

North Carolina Law Review

No abstract provided.

Multipolarity, Intellectual Property, And The Internationalization Of Public Health Law, Sam F. Halabi

Michigan Journal of International Law

The cause of global health today is arguably the most influential human rights movement ever seen, mobilizing vast flows of direct and indirect aid to the developing world to fight disease and build health care infrastructure; prompting the establishment of international organizations like UNAIDS and the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund); including global health as a priority in major diplomatic summits; and driving the formation and implementation of international agreements to address global health threats. Champions of this movement claim that the diverse and influential state and non-state actors participating in the development of the …

Health Regulators As Data Stewards, Kristin Madison

North Carolina Law Review

No abstract provided.

The End Of End-Of-Life Law, Lois Shepherd

North Carolina Law Review

No abstract provided.

Limiting What We Can Eat: A Bridge Too Far?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Innovative mayors across America are seeking to shape personal decisions about diet and physical activity, taking a page from tobacco control. But attempts to limit personal choices of what to eat have drawn the ire of vocal critics and sometimes the rebuke of judges, with former New York City mayor Michael Bloomberg’s limit on soda portions becoming a key flash point. The public broadly accepts state power to control infectious diseases, but often draws a line at limiting dietary choices. The author wants to dispel some of the well-worn arguments in the obesity wars.