Digital Commons Network^™

Should Organizations Promoting Dangerous Sports Enjoy Maximum Tax Benefits?, William A. Drennan

San Diego Law Review

Perhaps one in every 1000 BASE jumps results in death, and the fatality and injury rates for BASE jumping may be forty-three times higher than for standard skydiving. Some other new sports are extremely dangerous. In addition, some medical researchers are finding that repeated jolts to the head in traditional contact sports correlate to midlife Alzheimer’s disease, suicide, depression, inability to work or function without a caregiver, and early death from the brain disease chronic traumatic encephalopathy (CTE). “[N]early a quarter of a million new patients turn up each year with long-term deficits resulting from . . . so-called mild …

Crowdsourcing Public Health Experiments: A Response To Jonathan Darrow's Crowdsourcing Clinical Trials, Ameet Sarpatwari, Christopher Robertson, David Yokum, Keith Joiner

Faculty Scholarship

We are pleased to have this opportunity to respond to Jonathan Darrow's article, Crowdsourcing Clinical Trials (CCT).' We seek to highlight its important contributions and to commence debate over some of its arguments. In particular, we qualify the ethical arguments that characterize early clinical use of drugs as if they were research, and suggest instead that, in either domain, the ethical (and legal) analysis should remain focused on whether all material information is provided so patients may make informed decisions. We also highlight the limits of what can be gleaned from the observational data collection efforts envisioned by CCT.

Ultimately, …

Less Than I Wanted To Know: Why Do Ben-Shahar And Schneider Attack Only 'Mandated' Disclosure?, Margaret Jane Radin

Law & Economics Working Papers

This essay responds to a new book by Omri Ben Shahar and Carl E. Schneider, entitled MORE THAN YOU WANTED TO KNOW: THE FAILURE OF MANDATED DISCLOSURE (Princeton, 2014). The book is an elaborate disclosure of why disclosure fails. It is hard to disagree with the fact that widespread deficits in consumer reading, understanding and decisionmaking undermine the efficacy of disclosures, and the book provides plenty of data to show this. But the authors do not much confront the fact that many mandates for disclosures are a response to what happens when firms are free to design their own fine …

Harvest Incentives: A Tool For Managing Aquatic Invasive Species, Bob Wiltshire, Nathan Stone, Marshall Meyers, Bill Hyatt, Lori Williams, Jason Goldberg, Susan Pasko, Leah Elwell

National Invasive Species Council

Conclusion

The success of any harvest incentive program to address aquatic invasive species will depend upon numerous biological, socioeconomic, and legal considerations. Programs that encourage harvest may be a successful management tool in targeting small, distinct populations; in high priority areas within a larger invasion; or they may play a supplementary role within larger control programs. Their use, however, will require careful review, planning, and monitoring to ensure success and that they do not unintentionally lead to further spread of invasive species, cause additional harm to native species, or waste valuable resources.

The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

This article investigates the right to food in Venezuela under President Hugo Chávez (1999-2013). It argues that although Chávez respected the right of (especially poor) Venezuelans to food, he failed to protect that right at the same time as he tried to fulfill it. In the short term, he fulfilled the right to food by establishing state-run stores where food could be purchased at a substantial discount, and by imposing price controls on food. At the same time, however, he reduced the supply of food by undermining property rights, expropriating large-scale farms and ranches as well as some wholesale and …

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.

Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah

Dissertations & Theses

This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the …

Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah

William & Mary Environmental Law and Policy Review

No abstract provided.

Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril

PhD Dissertations

For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …

Forging Careers In Food Law And Policy: Challenges And Opportunities For Law Schools, Allison Condra

Journal of Food Law & Policy

Food Law and Policy (FL&P) is a quickly growing field of legal practice that offers many exciting career opportunities for law students. As national awareness of food and agricultural issues increases, particularly the way laws and policies influence our food system, more law students are demanding that their law schools offer courses, internships, and clinical experiences in this field. Law schools across the country have an opportunity to satisfy this student demand, while at the same time providing students with skills and knowledge that will equip them to engage with the many complex, dynamic, and important issues related to the …

A Cost-Benefit Analysis Of Sugary Drink Regulation In New York City, Shi-Ling Hsu

Journal of Food Law & Policy

New York City Mayor Bill de Blasio spent much of his time during his successful 2013 campaign positioning himself as the populist candidate, pointedly contrasting himself with the outgoing mayor, billionaire Michael Bloomberg. There is one Bloomberg initiative, however, that de Blasio has committed to carry forward: the city-wide size restriction on sales of "sugary drinks," most commonly, carbonated sodas. On city public health issues such as the sugary drink policy, the populist de Blasio and the billionaire Bloomberg would appear to have much in common. "People are dying every day, this is not a joke," remarked Bloomberg in striking …

Health And Welfare Preempted: How National Meat Association V. Harris Undermines Federalism, Food Safety, And Animal Protection, Marya Torrez

Journal of Food Law & Policy

In 2008, the Humane Society of the United States (HSUS) released an undercover video filmed at the Hallmark Meat Packing Company and Westland Meat Company (Hallmark/Westland) in Chino, California. "The footage depicted nonambulatory cows being kicked, dragged, electrocuted, jammed with forklifts and sprayed in the nostrils with water to simulate drowning - in an effort to get them to stand up and walk to their slaughter." At least five inspectors from the U.S. Department of Agriculture (USDA) - the federal agency tasked with ensuring that food safety and animal welfare guidelines are followed - were present at the time. The …

Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malave

Hofstra Law Faculty Scholarship

Inadequate prison health care has created a health crisis for reentering prisoners and their communities--a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any significant effect on the crisis. Next, it will argue that the Affordable Care Act (ACA) alters the Eighth Amendment analysis by triggering a change in the "evolving standards of decency" that guide the doctrine. Specifically, this Note will argue that, after the passage of the ACA, releasing sick, …

The New Constitution Of The United States: Do We Need One And How Would We Get One?, Jack M. Beermann

Faculty Scholarship

Government in the United States has some serious problems. At the federal level, is the problem of gridlock. The United States Congress seems unable or unwilling to do anything about anything (although it must have done something to run up more than $16 trillion in debts). Forget about addressing problems such as global warming, income inequality, failing schools, economic stimulus or you name it. How bad is it, really? Has the United States become ungovernable, and is the Constitution to blame? In my view, it’s a mixed bag. Some aspects of the United States government work very well, others are …

Global Health And The Law, Lawrence O. Gostin, Devi Sridhar

Georgetown Law Faculty Publications and Other Works

The last two decades have brought revolutionary changes in global health, driven by popular concern over AIDS, novel influenzas, and maternal mortality. Given the rapid globalization that is a defining feature of today’s world, the need for a robust system of global health law has never been greater. Global health law has been defined as the legal norms, processes, and institutions designed primarily to attain the highest possible standard of physical and mental health for the world’s population. Global health law is not an organized legal system, with a unified treaty monitoring body, such as the World Trade Organization. There …

The Justification Of Human Rights, David Little

BYU Law Review

No abstract provided.

Refusing Life-Sustaining Treatment: Can We Just Say No, Edward J. O'Brien

Notre Dame Law Review

No abstract provided.

Attorney Conflicts Of Interest: The Need For A Coherent Framework, Mark I. Steinberg, Timothy U. Sharpe

Notre Dame Law Review

No abstract provided.

The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel

Hamline Law Review

abstract

Little Emperors And An Army Of Orphans: The Government’S Control Over The Idea Of Family In An Overpopulated World, Corinna L. Miller

Honors College Theses

This research elaborates on the connection between governmental policies for population control and the psychological effects felt by its citizens. Governments enact laws to form and shape their country, but when plans to benefit society as a whole overspill into the personal rights of families, there can be unforeseen consequences that span across cultural, economic and physiological wellbeing. These side effects can have debilitating outcomes for countless generations to come, even after the policy has been abolished. In an age where exponential population growth is a severe problem, this study attempts to understand what happens when governmental policies influence the …

Big Data And The Transparency Debate, Cardozo Arts & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

As its name suggests, “big data” is huge. The meme refers to the collection and analysis of vast data sets collected everywhere in the digital domain from web searches to social network communications, to Internet advertising, to even the numerous digital sensors integrated into our daily lives. Paired with increasingly sophisticated computing intelligence, the predictive power of big data has caused data to become an indispensible asset for businesses and the government. Generally, businesses use big data to target potential customers while the government uses data to monitor and enforce governmental and national security policies. Omnipresent data-mining algorithms as well …

Lorrie Cranor: Privacy Notice And Choice In Practice, Cardozo Arts & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Privacy policies are everywhere. Nearly every website you visit has one, detailing what information the site will collect from you and how it is allowed to use that data. The idea is that the privacy policy will serve as notice to the user as to what using the website means for the user’s privacy. But have you ever read a privacy policy? Would you ever do it again? The fact is, most people ignore privacy policies altogether, clicking “I agree” to continue on using the site.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website …

Mid-Atlantic Ethics Committee Newsletter, Spring 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Health Law Outlook - Volume 7, Issue 2 (Spring 2014)

Health Law Outlook (archive)

Inside this Issue:

• Side Effects May Vary: The Aftermath of the United States v. Caronia Decision on Off-Label Drug Promotion, Christina Le
• Big Soda: The Key to Curbing Obesity in America?, Alice Anderson
• Emergency Medicaid: Healthcare Reform and Undocumented Immigrants, Alexandra Pearsall
• President Obama's Notable Advance toward Battling Health Care Fraud, Anna Vaysberg
• Data Mining & Electronic Health Records: HITECH Act's "Meaningful Use" and "Secondary Use" of Health Data, Donna Hanrahan

The Edward Bliss Emerson Journal Project: Qualitative Research By A Non-Hierarchical Team, José G. Rigau-Pérez, Silvia E. Rabionet, Annette B. Ramírez De Arellano, Wilfredo A. Géigel, Alma Simounet, Raúl Mayo-Santana

The Qualitative Report Books

Edward Bliss Emerson (1805-1834), a younger brother of the renowned essayist and poet Ralph Waldo Emerson, lived in the Caribbean for the final three years of his life. His journal and letters are a rich manuscript source for the history of the Danish Virgin Islands (1831-1832) and Puerto Rico (1831-1834). The texts also reflect the contemporary political and cultural situation in the United States, and Edward's search for health, economic independence, intellectual stimulation and metaphysical fulfillment.

These writings ignited an intellectual passion in José G. Rigau-Pérez, a physician, medical epidemiologist, and historian in Puerto Rico. Furthering access to these unique …

A Constitution At A Crossroads: A Conversation With The Chief Justice Of The Constitutional Court Of South Africa, Drew F. Cohen

Northwestern Journal of Human Rights

No abstract provided.

Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine

Missouri Law Review

A recent decision from the Missouri Court of Appeals, In re Estate of Collins, holds that when a competent principal under a durable power dies suddenly without the required doctor’s certification of incapacity, the agent’s right of sepulcher does not vest, and therefore, the agent is never granted authority to dispose of the principal’s remains.4 The practical effect of this decision is to invalidate the rights of sepulcher in prevalent springing durable powers of attorney for health care. In light of this decision, all existing springing durable powers of attorney for health care in Missouri should be revisited to ensure …

Unpermitted Urban Agriculture: Transgressive Actions, Changing Norms And The Local Food Movement, Sarah B. Schindler

Faculty Publications

Roberta keeps four chickens in her backyard. Bob snuck onto the vacant lot next door, which the bank foreclosed upon and now owns, and planted a vegetable garden. Vien operates an occasional underground restaurant from his friends’ microbrewery after beer-making operations cease for the day. The common thread tying these actions together is that they are unauthorized; they are being undertaken in violation of existing laws and often norms. In this Article, I explore ideas surrounding the overlap between food policy and land use law, specifically the transgressive1 actions that people living in urban and suburban communities are undertaking to …

S14rs Sgr No. 30 (Food Allergens - Lsu Dining), Gore

Student Senate Enrolled Legislation

No abstract provided.

Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman

Missouri Law Review

This Note explains the conflicting viewpoints presented in Wyatt and how the court reached its conclusion that the pollution exclusion clause does not encompass non-traditional pollutants. Part II of this Note describes the facts of Wyatt and the particular position of each party. In Part III, this Note examines the history behind pollution exclusion language and the various forces that shaped its evolution. Part IV then considers how other jurisdictions have dealt with pollution exclusion clauses and what legal theories or principles shaped their decisions. Finally, Part V argues that the Court of Appeals’ rejection of a more broad “pollution …